[stylist] Copyrighting titles

Sun Jan 23 12:57:52 UTC 2011

Another side note on Apple from those days is that this was the time during
which they also had the dispute with Apple Records, the recording label the
Beatles started.  

I think it was only recently this was resolved to the point their catalog
finally became available through I-Tunes, if I'm not mistaken.  

It's too bad that pettiness gets in the way of good things on occasion.  

Bill Outman 

-----Original Message-----
From: stylist-bounces at nfbnet.org [mailto:stylist-bounces at nfbnet.org] On
Behalf Of Donna Hill
Sent: Saturday, January 22, 2011 12:35 PM
To: Writer's Division Mailing List
Subject: Re: [stylist] Copyrighting titles

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

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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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>
>
> Brad Dunse
>
> The test of pleasure is the memory it brings. --Jean-Paul Richter
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