The only way is to discuss your concerns with a literary attorney, either before or after you finish your manuscript. Personally, I would avoid mentioning names of anyone I have something bad to say about, this includes brands, private and public figures. If you intend to use a real life situation in your fiction, and it can lead to people involved to be recognised in any way, that can get you in trouble. You can mention brands and public figures in a positive light, but they can't be characters in your story (unless you write a satire). Everything under copyright is not subject to fair use, and claiming anything that you didn't write as your own, regardless of copyright status, is plagiarism. This may or may not result in prosecution, but it does ruin reputations. As for your 'international rights' you need to be more specific what kind of rights you mean.
Yeah, when in doubt, consult an attorney. Even the advice given by a reputable site might not be specific enough for the question(s) you have in mind.
A quick look on Amazon finds 6 titles with either storm bringer or bringer of storms. Lots of book titles are similar or the same.
you should start here: www.copyright.gov www.uspto.gov if you're in the UK, the british library website will provide info on the copyright laws... there are also a few good legal info sites where literary attorneys provide general facts... just be sure it's a reputable one before taking anything stated there as gospel... and the bottom line, of course, is to do what thirdwind said above, when in doubt...
Yes, truth is always a defense. But keep in mind that, in the US at least, having to defend oneself in a lawsuit can be as financially devastating as losing one. So, ditto what @mammamaia and @thirdwind said.
Oh, I know that it's better to avoid it all together. I won't use an actual product or person and would avoid making a character too close to a real celebrity, except in one case, I have this idea... My main in a subsequent story meets and works with James Bond while investigating the source of a economic takeover by an unknown entity. However, instead of naming him, he simply says "double oh my, fancy meeting you here." Plus the possibility of his name being Sunder, rather than Bond.
James Bond is not a real person. You cannot "libel" a fictional character. But you may have some other problems.
Not if it's hidden well. Alan Moore did quite a few cameos (Mary Poppins, etc). All fictional and possible owned by someone (Disney).
So the only problem I'll have is trying to stand out from the crowd. Hopefully the word "Azurium" is something that no-one else has used, because I made it up. Unless it is a real word that doesn't appear in any dictionary.
I think standing out in a crowd is something worth thinking about. I have a title for my book and already have the domaine name. But if I were to come up with something more stand-out, I'm not opposed to changing the title. The way I see it, the title is about marketing, the book is about the story.
Honestly? It's not that good of a title because it's difficult to read and pronounce BUT, if you're really keen on keeping it, you can add a subtitle to clear things up. Subtitles can really help in an instance like this.
I didn't want to use "The Stormbringer and the Azurium Orb" since I feel "(character name) and the (item /other character name)" is a bit overused. Other possibilities I'm considering include "Stormbringer: Legend of the 23rd Century" which is a bit non-descriptive as the majority of her adventures take place during that time period, or "Stormbringer: The Era of the Tesla Kid" which again spans more than one adventure, or "Stormbringer: The Attack from Beyond the Grave" which is a bit long but sums up the story. Either of the first two could work as introductory titles to the series though. I guess the subject of this thread has shifted to "Will the title be eye-catching?" since the original title is essentially nonsense to anyone who hasn't read the book past the first few chapters to discover what Azurium is.
Hey peeps, hope this is the correct section. In my current project, I'm writing dialogue and there is a part of it that isn't technically 100% mine... Basically, they're having a discourse Mr. A and Mrs. B, and they use words that allusion to a certain song from a certain band. They don't outright say a full line of any verse and the entire discourse maybe uses up 8-11 words to say those words but not necessarily right after the other. I don't think it's overly obvious but I'm sure some people might make the connection. Would that be considered plagirism, stealing, or any sort of infrigement? I wouldn't think so as it's only a few choice words spread here and there over a page but i'm just worried. Any opinions/factoids?
Just don't make it obvious. That's from my unfinished manuscript. It's kinda from a chorus from a song I love and I was addicted to it when I wrote the scene. "You had to have it all, Well have you had enough? You greedy little bastard you, You'll get what you deserve. When all is said and done, I will be the one To leave you in your misery and hate what you've become!" The song is "Had Enough" by Breaking Benjamin. If you like alternative metal, it's worth listening to.
@Ultramar I LOVE Diary of Jane. Didn't listen much else from them but that song man... that song! Yeah, my piece is a bit similar. The lyrics are spread out and even mildly ablibed(?) to fit better and make perfect sense for the scene. Such as "drown you" as they're in water, "Heart kind as yours" he's fighting for his family, "do come across" tempting him to join them and abandon his family (from the water into a dry patch of land). It's rather melded in there, I doubt anyone would notice. I'm just wondering whether it's frowned on and if someone notices it if that would raise a red flag.
Psst, law stuff gets weird man. I'd like to know the answer to this as well, since I love to reference real things in my writing. I know one thing though, just hope nobody finds this thread later down the road Personally though? I think you're all good, but I ain't a lawyer. (I could've fooled you though right? )
It's off the same album as Diary of Jane. And crap, I've been tempted to write a piece (my own crack at romance) that kind of is inspired by Diary of Jane. I won't get into the details since I'm saving it! But it's going to be awesome if I ever get to it. I think that Of Mice and Men is inspired by a poem, though I forget which one.
Danger, danger. Being inspired by lyrics is probably perfectly safe (though don't take my non-lawyerly word for it). Using the words, even a few of the words, even modified, even re-ordered...danger.
@ChickenFreak Danger duly noted. I tried googling to see if this was a common question but all I'm finding is people using the whole dang song or entire verses or something.. I just need to know for a handful of words strewn about... I might just take it out and put it in a manner that doesn't reflect the musical inspirations though I think it'd be a shame.
People who use the words from a song are either paying for the privilege (most likely) or risking litigation (most expensive). Using without getting permission from the artist is not just frowned upon, it's violating the law.
If you can't tell it's not a problem. If it's obvious, it is a problem. Changing it enough will make it your words anyway, and you'll just be copying the idea, and ideas are not protected.
But there is no absolute definition of "changing it enough". If it's so changed that absolutely all link to the original song is lost, even to those who know the song extremely well, then there's not much point in it in the first place. (Especially since I still think that there's some danger.) If it's not, then I still say, danger.
