[stylist] Copyrighting titles

Donna Hill penatwork at epix.net
Sat Jan 22 18:35:17 UTC 2011 

Brad,
I wonder if it was that they objected to him selling subscriptions to 
his newsletter (even though it was a nominal fee). I don't know how that 
would have played out.
Donna

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On 1/22/2011 1:04 PM, Brad Dunse wrote:
> Donna,
>
> Hopefully that explanation was clearer than coffee :). With your bro, 
> only because Apple had  deeper pockets than him, which has nothing to 
> do with what is legal :). Your brother could well have stood on 
> Freedom of Speech, as long as he wasn't using the list to out and out 
> slander them. Now if the list used Apple's little Apple logo yes then 
> they'd be right. Back then though too, computers were very new and I 
> suppose they were trying to thwart any chance of bad press and 
> maintain control. But at again, that doesnt' make them right :) even 
> though they might have won.
>
> Brad
>
>
> On 1/22/2011  11:35 AM Donna Hill said...
>> Brad,
>> Great examples and explanations. You remind me that back in the early 
>> days of text-to-speech, my brother was using an Apple 2 E, and 
>> started a newsletter for blind Apple users called "Apple Talk." Apple 
>> asked him to stop using "Apple" and he did. Nevermind the pettiness 
>> of this, but Apple, in this case, clearly refered not to the fruit, 
>> but to Apple computers, and had he gone to court, I'm sure Apple's 
>> trademark of the name would have been upheld.
>> Donna
>>
>> Read Donna's articles on
>> Suite 101:
>> www.suite101.com/profile.cfm/donna_hill
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>> http://ezinearticles.com/?expert=D._W._Hill
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>> www.americanchronicle.com/authors/view/3885
>>
>> Connect with Donna on
>> Twitter:
>> www.twitter.com/dewhill
>> LinkedIn:
>> www.linkedin.com/in/dwh99
>> FaceBook:
>> www.facebook.com/donna.w.hill.
>>
>> Hear clips from "The Last Straw" at:
>> cdbaby.com/cd/donnahill
>> Apple I-Tunes
>> phobos.apple.com/WebObjects/MZStore.woa/wa/viewAlbum?playListId=259244374 
>>
>>
>> Check out the "Sound in Sight" CD project
>> Donna is Head of Media Relations for the nonprofit
>> Performing Arts Division of the National Federation of the Blind:
>> www.padnfb.org
>>
>>
>> On 1/22/2011 10:45 AM, Brad Dunse wrote:
>>> www.loc.gov is where you can find lots of answers but there's  a bit 
>>> of poking around to do. These issues come up in our songwriting org 
>>> from time to time.  Again though you cant' copyright a title, unless 
>>> as we've mentioned, it is made up in special graphic form and then 
>>> the whole bit is trademarked not copyrighted. There is a point, 
>>> probably a vanishing one which only courts would decide in an 
>>> infringement case, that enough text is written to where it is now a 
>>> plagerism or infringement case. For example if I were to  write a 
>>> poem starting with
>>>
>>> "Oh I frequently think every now and then,
>>> Of the glorious fruit of the noble hen,
>>> Eggs, eggs, E double G s eggs"
>>>
>>> And then go on with some other bit.  I might well gain the attention 
>>> of the current copyright holder of Green Eggs and Ham by way of a 
>>> letter containing their own font written by their attorney.
>>> However if I were to start a poem  with...
>>>
>>> "Oh I think every now and then,
>>> All my troubles, they started... I don't know when,
>>> Woa, woa  W o a, woa"
>>>
>>> It is not enough of a similar start to set up a case. Now this is a 
>>> simple and perhaps not proportionately accurate  example but you get 
>>> the idea. Now if for example  Green Eggs and Ham were written out in 
>>> a specific unique font, with the first of every line over sized, 
>>> written in Trumpet Bay Blue  font on Sandy Beach White background, 
>>> and I then lifted that set of font/color and start up lines and 
>>> finished my poem in like manner. That could wel lbe a trademark 
>>> infringement.
>>>
>>> A friend of mine who is a cartoonist began  a series of  characters 
>>> and used the Facebook F logo bit, only backwards. I told him
>>>
>>> "Dude, you can't do that. That is infringement"
>>>
>>>  To which he said. "No it's not its not the same image"
>>>
>>>  To which I said. "Oh yes it is, its just backwards, you've lifted 
>>> their bit and turned it around, I'd take that down if   I were you".
>>>
>>> He proceeded to think I was over  killing until the Facebook people 
>>> told him to remove it or talk to their attorney. And he is a no name 
>>> cartoonist in the grand scheme of things but he was geting attention
>>> by some Facebookers, and since Facebook monitors things, they saw 
>>> that and nipped it quick smart. Facebook can't copyright the letter 
>>> F but given in a certain logo they certainly can. But for titles? 
>>> I'll lay me life on the fact you can not copyright them. There are 
>>> tons of books with the same name out there. Harry Potter yes, that 
>>> too is a trademarked image, and although yes perhaps if I were to 
>>> write a book called Harry Potter and the Midwestern Snow People I 
>>> might get the attention by Ms  Rowling by her glancing the title but 
>>> when she  sees the font isn't the same in the title, then opens up 
>>> and reads it to find Harry Potter is some old Norwegian relative of 
>>> mine living in the minnesota tundra in the 1800 and the story is  
>>> his geneology and struggle living in the north by  plowing and 
>>> planting  by hand to harvest enough for winter until one year their 
>>> crops busted and they struggled? Ms Rowling wouldn't have a hair to 
>>> stand on  :).
>>>
>>> Hope that  helps.
>>>
>>> Brad
>>>
>>>
>>> On 1/21/2011  03:14 PM Nat Barrett said...
>>>
>>>> Hi,
>>>>
>>>> I've been following the brief discussion on copyrighting titles. 
>>>> Recently in my writer's group we discussed this.
>>>>
>>>> If I recall, some of my fellow writers commented that titles could 
>>>> not be copyrighted, but catch phrases and specific sayings could be 
>>>> trademarked. I remember a lady in my group, who is a paralegal, was 
>>>> the one to bring that up.
>>>>
>>>> So I want to say, but don't quote me on it, that they mentioned 
>>>> something like Star Wars was trademarked by George Lucas. That's 
>>>> not a 100% certainty, but I remember someone mentioning that as an 
>>>> example. Although I have no idea if this is a legit example.
>>>>
>>>> Anyway, if anyone else can verify my info, that would be helpful. 
>>>> I'm interested to know more regarding the legal stuff.
>>>>
>>>> Natalie
>>>>
>>>>
>>>>
>>>> --------------------------------------------------
>>>> From: "Bridgit Pollpeter" <bpollpeter at hotmail.com>
>>>> Sent: Friday, January 21, 2011 10:53 AM
>>>> To: <stylist at nfbnet.org>
>>>> Subject: [stylist] Copyrighting titles
>>>>
>>>>> I have seen titles replicated so I assume there is not copyright law
>>>>> prohibiting it, but I know you can copyright a catch phrase, like, 
>>>>> "The
>>>>> Devil made me do it."  Paris Hilton was able to copyright, "That's 
>>>>> hot."
>>>>> Disgusting!  *smirk*  Not sure how this works.
>>>>>
>>>>> What about tag lines or catch phrases like, "Just do it," or, "Be all
>>>>> you can be."  These are copyrighted, I believe.
>>>>>
>>>>> Bridgit
>>>>>
>>>>>
>>>>> _______________________________________________
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>>>>
>>>>
>>>> _______________________________________________
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>>>> <http://www.nfb-writers-division.org/>
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>>>
>>> Brad Dunse
>>>
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>
>
> Brad Dunse
>
> Sometimes you really can't go around what you've got to go through
> ...but you really can get through the things you'll never get over. 
> --Anonymous
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