[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
>> Ezine Articles:
>> http://ezinearticles.com/?expert=D._W._Hill
>> American Chronicle:
>> 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
>>>
>>> The test of pleasure is the memory it brings. --Jean-Paul Richter
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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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