[stylist] Copyrighting titles
Brad Dunse
lists at braddunsemusic.com
Sat Jan 22 19:28:24 UTC 2011
Donna,
Ah yes money transferring might have complicated the issue. Apple
could have claimed since they "are" Apple, and he had a paid
subscribable list to discuss or whatever the OS/Computers, he is
making money from their existence where he would not otherwise have
that opportunity. One for the courts :). But today things can be
quite different as I think these companies now see that getting
people to talk about them is advertising in themselves. The idea of
networking hadn't quite made it to the fashion show runway yet back
then:). Now days if you looked for applications to download and run
on I-Phones, you'd find literally hundreds of thousands of them. I
think Appple realized letting people in on their products is a good
thing. Imagine if they had the same mentality today as they had back
then? Oops I think I slipped off the "writing" purpose of the list
here. I best end or the NFB part of the list will mean Not For Brad :).
Brad
On 1/22/2011 12:35 PM Donna Hill said...
>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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>>>
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>>>Twitter:
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>>>www.facebook.com/donna.w.hill.
>>>
>>>Hear clips from "The Last Straw" at:
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>>>Apple I-Tunes
>>>phobos.apple.com/WebObjects/MZStore.woa/wa/viewAlbum?playListId=259244374
>>>
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>>>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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>>>>>><http://www.nfb-writers-division.org/>
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>>>>>
>>>>>
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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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>>
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Brad Dunse
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