JessieLong
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Boy meets real world
Allright, as long as your story isn't set in Lemuria or another proverbial fantasy country, you might just have a real world character. One which lives in New York and walks down to Time Square to get his morning coffee and newspaper.
So, how much can non-fantasy-world heroes acknowledge of the real world around us? Can they use brand names? Can they discuss a movie or a book? Can they quote Schwarzenegger without copyright infringement? Or can they just talk about how Rambo was a better book than movie without getting the author sued? Can they use movie or pop song references? Things what we, ordinary non-created people do every day without making a fuss?
::sigh::
I have a character who is both computer and TV series addict. Spent half his life between Diablo and A-Team reruns. So... I wonder what can I make him say without getting into trouble and what not.
Last edited by JessieLong, 9/20/2006, 10:50 am
---
Reading: Mostly comic books...
Writing : Electric Ladythief
Backburner: Scion and Ratface; The Rose and the Sword (books); Seekers (comic book series)
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9/20/2006, 10:49 am
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Firlefanz
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Re: Boy meets real world
I believe brand names are okay. Mind you, I'm not 100% sure.
Of course, using quotes from movies, politicians and songs will date your story. If that's not a big problem, fine. I think that one may quote a few things - especially if it's from a newspaper article. You may have to attribute the quote, though.
Guess I should read up on copyright details. 
--- - Firlefanz
Reading: "The Amulet of Samarkand" by J. Stroud
Writing: Rewrite of the Unicorn Girl YA novel
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9/26/2006, 2:44 pm
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Phaetova
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Registered: 04-2006
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Re: Boy meets real world
Sometimes they like (or need) the publicity. Perhaps you should just write it without worrying, and then contact the various agents of those celebrities and ask, offering to show the relevant excerpts?
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10/27/2006, 5:40 pm
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mspatric
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Re: Boy meets real world
I all depends on how you present them. The "Fair Use" clause of UNITED STATES copyright (I have no idea what the law in Australia, Britain, etc is) means satire and certain other forms of use don't require you to get permission from the copyright holder. That's why Saturday Night Live can spoof recent movies all the time without fear. They are clearly parody/satire, and thus it falls under fair use. Citation in research is another covered area.
Casual use I wouldn't even worry about. If your characters are just mentioning "that awesome flick Rambo" or a guy "going Rambo" (which falls in the American vernacular and thus is fair use) or eating at a McDonald's when the assassin appears (epic gun battle ensues), you are fine. Particularly if it is clear within the context of the story that what characters say is just background and/or opinion.
If your story is about McDonald's being a front for a massive Columbian drug cartel and is being presented seriously, then you would be well advised just to call if "Happy Burger" or something. Mainly because McDonald's really is a front for a massive Columbian drug cartel, and they will have you killed.
Kidding...maybe...
Also remember this. It doesn't really matter if you have the law on your side or not. Large corporations and publishing houses routinely sue smaller presses and authors over use of their trademarks/copyright. Even when in the wrong, the larger houses don't care because they can afford to bleed smaller competitors dry through legal fees. A VERY LARGE percentage of copyright and trademark litigation is nothing more than attemts to stiffle competition (or in some cases basically extort money from the other pary in the form of "settlement"). This is one price we pay for having a very loose system when in comes to civil court. In the US, you can sue anyone at anytime for pretty much anything.
Take the recent legal battle between Spike Lee and Spike TV. Legally mister Lee didn't really have a case. You cannot trademark a name, only the presentation of it (McDonald's doesn't own the name McDonald's, just how they display it and those famous golden arches). But rather than be drawn into a long legal battle, the network settled. This particular scenario is quite common.
My final advice is this. Write the story/novel, and see what the publisher thinks. They will edit out any potential lawsuits.
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1/24/2007, 9:13 am
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JessieLong
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Re: Boy meets real world
Thank you. I sort of planned to go on the fair way, yes. 
Now I can make Pasadena a Dallas fan 
---
Reading: Mostly comic books...
Writing : Electric Ladythief
Backburner: Scion and Ratface; The Rose and the Sword (books); Seekers (comic book series)
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1/24/2007, 12:04 pm
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Firlefanz
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Re: Boy meets real world
Yay!
--- - Firlefanz
Reading: "Tabula Rasa", SF Anthology
Writing: Konrad II - workshop short story
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1/24/2007, 2:04 pm
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