True, you can't own ideas and you can't even copyright ideas. There would be far fewer books written if that was the case.
the fair use exception to the copyright law has nothing to do with fiction that's written to be sold... check it out at the source for valid info on where it can be applied: www.copyright.gov anyone wanting to be a writer should be up on what can and cannot be done in re copyright protection and it's all there on the official site, in easy-to-find FAQ and 'basics' lists for full study or quick reference...
ideas cannot be copyrighted, but the written work can be... the best protection is noted above... save all your handwritten notes, rough draft, a couple of middle draft print-outs with your handwritten editing notes and so forth... that shows how you developed your story/book from the idea into a completed piece of work... no one else will be able to show that same path from start to finish... and that material is accepted as evidence in us courts, should you have to sue [or are being sued], while 'the poor man's copyright' [mailing the ms to yourself] has no legal standing in the us and dated computer files can be faked, so prove little or nothing...
Of course you have the right to reference another story - and if you don't have that right, then copyright is more messed up than even I knew.
as noted above, there's no problem with mentioning other stories and what happens in them... what you can't do without the copyright owner's permission is quote the material verbatim, other than a short phrase that's become a commonly used expression, such as dirty harry's 'make my day!'...
I tend to send myself a copy of an synopsis, character details, by royal mail, but use one of those void stickers. A lawyer friend of mine, says this will help back things up, if you also list what you have in the envelope. As a good quality sticker will be very hard to replace if removed. She did a divorce case, where a party did this, with there proof. As it shows the envelope hasn't been tampered with, also get someone to witness what you have put in the envelope. So list whats in the envelope outside, aswell as a list inside with another witness stating that they've witnessed what has been placed in the envelope. (If any of that makes sense)
I can't help but thinking 'All of this for a story that the OP hasn't even begun writing him/herself yet?' (if I got the original post right, to me it seemed that the story was only on the idea-stage when this guy stole it) Wouldn't it be better to simply make sure to write it faster than the idea-thief and hoping he will give up because of lack of inspiration? I doubt it that someone could feel strongly enough for a story idea that is not even ones own to stick with it until it's a finished novel and ready for publishing. I mean, all this talk about lawyers and all for an idea??? After having heard everyone repeating that "story ideas mean nothing", and "everything has already been written anyway", isn't this a little bit exagerated? Sorry I don't mean to offend anyone, but it seems to me this thread has been blown out of proportion...
I'd agree with you. Two people now have the same idea, and neither has written the story. It's a non-issue. Quit worrying about stolen ideas and write the thing.
yes, it is a non-issue! fyi, what crystalwriter said to do may work in the uk, but it doesn't, in the us...
From what I have heard, Tolken's people are hard core in protecting his work. (as it should be) although on the flip side, if you ask them, they do grant permssion frequently as long as it does not cause harm to his works. ie fair but firm
Not likely to be a problem, Dresden. It is easier to judge if we knew exactly what this part of the novel looked like, but in general you are OK here.
It's also worth noting that they are unlikely to be to claim protection on many of the character names because Tolkein got lots of the names from traditional Nordic mythology (more in the Hobbit than in LOTR). Some of the incidents are from fokelore and mythology too.
character names and titles can't be copyrighted, but they can be trademark protected and often are, such as with 'batman' and 'wonderwoman' and others that have merchandising spinoffs... for the letter of the law on that: www.uspto.gov
I'd say you'd get in trouble if you set your story in the same universe or have them quoting and pointing out specific sections of the book, but not if you're just having them discuss the overall plot or certain elements like the Ring or Mount Doom.
I'm wondering what exactly we can get away with when mentioning third-party properties. I've got the following things (among others) and I'm wondering if these are all right: I mention "he narrowed down the yellow guy in the kitchen" (Clue) I use celebrity names such as Denis Leary, John Lee Hooker, James Brown I reference a Chaka Khan poster I mention someone wanting to beat their high score in Frogger Someone asks for a Kit Kat bar I mention someone's Seinfeld tapes (yes, cassettes) get erased, and the line "No soup for you" I display Pac-Man in one scene I refer to someone as a Connect Four master My question is...exactly what can we get away with? Can we mention things in a sly way (like my Clue line above) but not say outright what the product is? What things mentioned in passing can we get in trouble for, even if they're just mentioned (no opinion or defamation is given)? Does anybody have any advice or want to read through something to see if I'm on the safe side?
all of that is done all the time in fiction, so don't waste any more 'wondering' time on it... titles of copyrighted works and/or names of characters therein and trademark registered names/phrases can be mentioned in passing at will, without permission and with no legal repercussions, as long as you're not denigrating them enough to be sued for doing so... here's what you should read [browse through] to be on the safe side: www.uspto.gov
Whoa. That is one huge site. Where should I be looking? I clicked around for a few minutes but didn't find anything. I still have some references in gray areas. I know you do mentoring. Do you do mentoring for specific questions such as this? If I can't find an answer on the site for some of my gray areas, is it okay to send you some lines or descriptions of how I use some of these properties?
check the 'faq's in the 'trademark' section... and it sure is okay, lost guy!... you can email me any time... hugs, m
You're awesome, mammamaia. I'm going to check out the site and any more questionable stuff, I'll ask in an e-mail. I've gone over my list (thankfully, I had at least the marginal wisdom of listing every property in a Word doc) and it seems I'm safe on most, but there are still some "gray area" mentions. Keep in mind this is a work off off-beat comedy, so some of these might be wacky or out of left field without context. Thanks again!
you can get away with more in comedy than you can in drama, but it's still best to be cautious and familiarize yourself with the rules 'n regs first... email me for info/advice/help any ol' time... that's what i'm here for... hugs, m
Thanks for the link. I checked out the link and also did a Google search for copyright information in "laymen's terms," as well. I think I stumbled more on the legalities of using an exerpt (ex. a couple lines of a song or a book, fair use-type stuff) in my own work, but I got some information. Still, when I looked at those law-related sites, I was somewhat confused. Legal issues aren't my strong suit. (I took a law class a few years ago and probably learned more Latin.) Is it still okay to ask you some things via e-mail? I've got an e-mail together with some questions, some of which have answers that might be obvious. I think some are, but part of me needs confirmation. I can send you the e-mail once I get home tonight.
Whoo! Back to writingforums with a little more experience, so I can say "I'm slightly bettah!" Okay, so in a few chapters I have a character who is about to sing a love song to someone, but he's singing it indirectly to her at a school's talent show. I've been listening to a lot of music lately and I'm thinking that I might have a good song to use a few lines from, but ever since I had the idea of this character singing a song, I've been worried about the effect it could have on publishing. So here's my question. If I give the name of the artist and song used, does it okay the use of the song in the book? (I'm personally thinking that it doesn't, but who better to ask than a bunch of writers who've been where I am?) Are there any ways of having this character sing a song that's already been made without copyright infringement?
You need permission of the copyright holder (usually the writer) of any song in order to be able to use it. Fair use doesn't apply to fiction, and if you just include it hoping to credit it and that be enough, then you're going to get sued. I don't have much experience with requesting to use a song in a story, but I wouldn't think it too unlikely that you might be expected to pay. The easiest way around this is to use a song on which the copyright has expired. These are going to be old songs (I think copyright is either life (of the author) plus 70 or 100 years?) and those in the public domain. Or, of course, to write your own.
Very important and relevant note here, the words of a song are copyrighted as a literary work, and the music is copyrighted seperately as an artistic work. You will not be able to use the words of the song in your story without written permission. As Banzai said, expect to pay.
yup!... and for public domain works, the time factor is 70 years after the writer's/lyricist's death...
