I agree with Nakhti in that the OP is using the Titanic as a basis for their ballet, not about the Titanic itself. Question is, which Titanic movie? If you're using the modernday one (1997) - with the gun fight [find that outrageously funny as there's no historical proof of such an event ever happening] - then to an extent I would say copyrighting because well it's obvious to what and where you are getting your ideas from with respect to your ballet. If you want to do something classic or interesting use the original Titanic films - not the cheap ripoffs.
I am thinking of writing a story about Frankenstein. Similar to how Dean Koontz writes about Victor Frankenstein in the modern setting. There seem to be plenty of derivatives of Frankenstein - Young Frankenstein, Frankenweenie etc. I was wandering if there were any copyright issues to consider, regarding the original works. Any help would be greatly appreciated.
http://en.wikipedia.org/wiki/Parody#Copyright_issues That's the best I could come up with. Basically, in the US you're home free, in Canada you might have to watch out(there's some precedence) and I didn't bother to read the UK section.
there's no problem writing something based on the original mary shelley frankenstein anywhere in the world, since the original story was written nearly two hundred years ago and it doesn't have a perpetual copyright... go here for basic copyright info: www.copyright.gov that's for the us, but any other country that's a signatory to the berne convention [such as the uk and canada] will have much the same laws... however, if you base your story on say koontz's series variation, or mel brooks' classic spoof, then you'll be in deep doo-doo...
The novel I have always dreamed of writing is actually a fan fiction set in an old videogame franchise. The videogame in question has almost zero plot, or storyline, but I'm fascinated with the setting and characters. The franchise has been dead for nearly 10 years, but the development studio that made the videogame is still active. If I were to build a resume, and earn the credentials of a serious author, would they allow me to use their trademarks? I have been doing a lot of thinking about writing this project under a unique title. Could the author in this example get in trouble: - Say I wanted to write the book version of Grand Theft Auto 4, but wasn't allowed to use any of its trademarks. - Instead I change the city where the game takes place to another fictional location. - I DO NOT use any names of characters in GTA4, and write characters that DO NOT have similar traits. - The plot line has no connections to that of GTA4: different character interactions, different plot twists, different scenes, different ending. Would that be fair or foul? Would I have to worry about a lawsuit, or just accusations that I wrote something just like a videogame? I wouldn't be ashamed to say I used a videogame as inspiration seeing as its a different form of media. (a lot of what if's I know And now that I think about it 'Grand Theft Auto: Vice City' is extremely similar to the movie 'Scarface' as a matter of fact, the developers of the game admitted this.
Well, I highly doubt the company would let you use their trademarks if they are not actively seeking someone to write a book based on their game, but it could never hurt to ask I suppose. Changing the setting, names, ect. should be sufficient from a legal point of view if it's as lacking in plot and story as you say. There's been a lot of buzz about 50 Shades of Grey which started as a twilight fanfic. It seems to be doing just fine, but apparently evidence of its fanfic origins is disappearing as the author covers her tracks. I dunno if its to avoid lawsuits or just to look like less of an amateur.
The Twilight books (haven't read them, or 50 Shades of Grey) are hugely popular, and fairly new. Also both of them are categorized as literature. I'm talking using inspiration from a totally different platform of entertainment, and from a game released over 10 years ago. And believe me when I say this game has literally zero plot, or storyline. Thanks, now I don't feel like a ripoff!
You may read wikipedia or other such websites and still not get a clear idea on copyright. That was the case with me. I thought I understood about copyright till I read this post of stevepavlina on copyright and intellectual property. If you read first two sub headings in it you would get a clear idea of what can be copyrighted and what becomes a copyright violation. In your specific example, you are inspired by the setting of the game which is a general idea as there are many real life cities in that model. However you should uniquely express the setting (city, characters, plots). You may have one of the character similar or small part of the plot similar to gta4. But not everything. Those small similarities are considered as fair use and can also considered as tributes to gta4 as you are inspired by it.
If you want to understand copyright, go to the source: http://www.copyright.gov/ for US copyright law, similar sites for other countries that are signatory to the Berne Convention.
ditto that... and, as for your project, you need to consult a literary attorney for valid legal opinions, not members of a writing site...
Okay I can give you some direction to your questions about copyright and trademarks. As far as trademarks go I believe it only pertains to graphic logos and symbols, however it can include the names as well. Example is Pepsi-Cola company has the red and blue sphere as it's trademark logo. Toyota owns Scion and the symbols to identify the brands are trademarked. As far as writing a fan-fiction version of grand theft auto there are things to consider. 1. If you are writing directly from the game it is included is copyright infringement. The story line of the game has been written and story boarded by writers, game designers and animators and is a part of the entire game. You would need special written permission from the company as well as the developers in order to use the story line and write it in your own words. 2. If you are writing your own version of the story and use the game as "inspiration" it is not included as copyright infringement if: a. You do not use the direct story line and instead create your own plot. b. The city can be the same and the environment can be as well. The characters names need to be changed as well as their traits. c. Any trademarks or logos used must be changed. You may describe a vehicle that exists today or make up one yourself. I do believe that using names like Toyota or Mercedes in a novel will not be included as copyright infringement because they are brand names. You are not making money off of the cars, only the story. d. Make it your own story or even better make it your own story. I would agree with Cognito and read the copyright laws. It differs between art forms and to be honest no idea has been used once. Everything ends up being recycled and artists do have a fear of copying from another artist or another source. I would stick to writing the story as your own story and only use the game as inspiration.
I agreed, even as an artist you should understand copyright law. It does not hurt to understand the knowledge and then consulting a lawyer about it
Okay, so here's my question. What constitutes Copyright Infringement? Per the copyright website, What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. The "made into a derivative work" is what has me confused. Per Google, de·riv·a·tive/diˈrivətiv/ Adjective: (typically of an artist or work of art) Imitative of the work of another person, and usually disapproved of for that reason. Noun: Something that is based on another source. Synonyms: adjective. derived; noun. derivation Does that mean that it is infringement to make something similiar? I have an idea for a modern christmas carol-esque story where the main character is visited by three ghosts on christmas eve (Past, Present, Future) and it changes his life. To me, it would fall into the "That sounds like..." category and not actually an infringment, but I'm far from an expert. The setting, plot, characters, and situations are all drastically different, it just uses that general story form. Any thoughts, comments, questions, concerns are greatly appreciated. Like I said, I am no expert on copyright issues.
I don't know if this has been talked about on the board but in the story I'm working on now I find I make reference to song titles in the story. I'd like to write some of the lyrics because let's face it how many of us sing along to a song in real life? How many of us talk about a movie or describe a scene to a friend? With the new copyright laws how do you deal with trying to write real scenes? For example I read one book which talked about I Am Sam but didn't mention the title. Another book I've read the characters will often great each other with a line from a movie or use a movie line as a snappy comeback but those movies seem to be "Classic" movies where I think copyright laws don't matter that much. anyone else having that problem. The reason why I ask is: 1) Music really does inspire me. Sometimes I see a "Scene" or see a section of my book in my mind. See my characters hear them and everything and 9 times out of 10 the song I happen to be listening to when seeing the event inspires the scene it even fits in as background noise. 2) A story(I am hoping for feedback on certain sections of the story here) I am hoping to publish within the next couple months (I self publish on Kindle--or at least want too) makes reference to a couple of songs but I am very nervous about using the song title or group out of fear of being sued. Any suggestions or knowledge about this stuff?
There is nothing new about the rules of copyright. Lyrics are protected, and vigorously defended by the music industry. You must not use them without written permission from the copyright owner. Song titles are not copyrighted, and you may use them freely. FAIR WARNING: This site fully supports the intellectual property laws. Any posts that attempt to turn this into a debate as to what "should or should not" be covered will be removed, and infractions may be issued. Such debates are not productive, and are disruptive.
I would try to avoid using the song title in a disparaging manner (I.e. a serial killer singing "Layla" while he kills people. I don't think it is really actionable, but that doesn't mean it wouldn't result in a lawyer writing you a letter telling you to stop. But like Cogito says, stay clear of lyrics and you should be OK. Naturally, if you are super paranoid like me, you could always consult an IP lawyer.
yeah just be vague. Like Hip Hop, or reggae plays in the background. that is enough in my opinion. You wouldn't want somebody freely quoting your work and getting paid for it while you get nothing, would you?
If you are going through a publisher, don't worry too much about it. The publisher will have all of the mechanisms in place to sort out licensing of the lyrics you quote, and when it's published there will be some small print at the beginning of the book giving details (or they might just tell you to take it out if they think it's not worth it). If you are self-publishing: bad luck, you've just discovered one of the many things publishers do for writers and that you are going to have to do for yourself, and nothing you will be told here is a replacement for professional legal advice. Alternatives are to write your own fictional songs for your fictional universe, or set your fiction far enough in the past that they stuff they sing is now public domain.
You can reference a song by title, saying that the characters are listening to that song. Something like, We got in the car and John plugged in his MP3 player. Adele's song, Someone Like You started playing and Annie started singing along to it. "Oh, this is my favorite song," she said. "I know," he responded. "That's why I downloaded it." Or whatever. What you can't do without permission is write the lyrics in the book as what Annie is saying/singing.
Or make your characters folk music enthusiasts and have them singing 18th century broadside ballads to each other. That is, after all, realistic, even if it's not all that widespread a reality.
