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Need Copyright Fair use help with writing a book. Please help!

         

otaku3230

7:12 pm on Aug 27, 2008 (gmt 0)

10+ Year Member



I live in the USA and I am writing a book for the first time so I need some help with the copyright law. The one I am confuse is can I use a trademark; a famous person name who is alive; and exact word by word definition of a word from a dictionary website without asking permission from them directly since I will be only using it for comparison, comment, research and educational purposes. You can read the copyright fair use page here: [copyright.gov...]

purplecape

8:38 pm on Aug 27, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Are you working with a publisher or self-pubbing? If you are working with a publisher you will get their help on these issues when they review your ms. If you are on your own, you would be wise to hire an experienced editor to both polish your ms. and provide guidance on these issues.

You can use a trademarked name--within limits, and be aware that "fair use" does not apply to trademarks. That concept only applies to copyright. Publishers usually list trademarked names mentioned in the text of a book on the copyright page. Keep a list of trademarked terms and give it to your publisher. What you CAN'T do is try to benefit from the trademark in some way, such as by calling your book the Official NASCAR (TM) Book of Racing when it isn't. That's a blatant attempt--more subtle ones might be problematic as well.

You can also mention living famous people. The issue here is that you can't trample on their "rights of publicity" so as with trademarks, don't do anything to make it seem like they are endorsing or affiliated with your book.

Finally, with the definition you do get into a copyright question. Here, it depends not just on how you are using the material but how much you use. If you are only using one, and you cite the source, I think you are OK. If you are using a large number, then find a public domain source to be on the safe side.

Note that all the above is my opinion, based on my experience working in publishing. As I said, get someone to review the ms. too.

otaku3230

1:53 am on Aug 29, 2008 (gmt 0)

10+ Year Member



I will be self-publishing.

Okay this is how i will exactly use the dictionary definition word for word from a website.

Example: I will be writing on Harmful effects of pornography. So I will give the first example of its effects as
Addiction and write the definition of addiction word by word like this:

Addiction: The term "addiction" is used in many contexts to describe an obsession, compulsion, or excessive physical dependence, such as: drug addiction, alcoholism, compulsive overeating, problem gambling, computer addiction, etc.

Then write a paragraph or two how pornography can cause addiction.

And i will be write in this style for at least 20 or more words and write the definition of it word by word from a website like this one: [psychologymatters.org...]

On trademarks I will use famous pornographies companies and criticize how badly they influense us with their entertainment media. So i will just name them and also have their logo printed on the book. Same goes for famous people but not use pictures.

So is this all okay to do right and is protected with copyright fair use policy?

tangor

10:04 am on Aug 29, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



For the definitions, just cite the work ie Somebody's Dictionary,p #

For the subject, write whatever you like, it's your work.

As for naming names you'll want all the editorial help you can get. If you merely report what has been reported by the media, most likely no problem. If you make statements regarding named companies or persons and do not have research which can be verified (truth), you might face defamation, so anything less than the truth might not be a good idea, and even then, might want legal advice from a real lawyer before proceeding!

As to using logos, those are usually trademarked, and all are copyrighted, too. Even pornographers have rights. You'll have to get THEIR permission to publish them.

Syzygy

12:26 pm on Aug 29, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Ouch!

I will use famous pornographies companies and criticize how badly they influense us with their entertainment media. So i will just name them and also have their logo printed on the book.

If you are going to name names, I do hope you will be able to back up your claims with solid evidence. Otherwise you might feel the weight of their lawyers bearing down on you with cries of defamation! [en.wikipedia.org]

When they're done they'll probably come at you for using their logo's (trademarks) without permission - and for using them it in a context that they could argue is harmful to their business. A can o' worms springs to mind...

This is one of those situations where the recommendation to seek legal advise would be well headed.

Syzygy

purplecape

6:09 pm on Aug 29, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Yes, I agree with what others have said. Now that you've told us more about your project, advice from a lawyer with experience in intellectual property law (ie copyrights, trademarks, and patents) seems like a very good idea.

otaku3230

9:10 pm on Aug 30, 2008 (gmt 0)

10+ Year Member



Okay I understand now.

If anyone don't mind, can they also tell me do i have to register with the usa copyright government if i live in the usa? Can i not register my book in another country online and without living their like canada and without being a citizen of it?

Also, can i just pick up the copyright certificate for my book when it is approved from the office without them having to mail it? It is because of privacy reasons.

Please, please let me know if you know anything about this. Thank you!

Syzygy

10:50 pm on Aug 30, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Whoa, there...

What do you think this is - a free legal advice clinic?

With questions like those you'll be better off seeking proper legal advise...

otaku3230

2:24 am on Sep 1, 2008 (gmt 0)

10+ Year Member



That was my last questions. So Please someone kind enough to answer them so Some one like me don't make a mistake of publishing it the wrong way (it will also help future authors if they have the same enquiries as me)

callivert

3:12 am on Sep 1, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



let me get this straight. Unless my eyes decieve me, you want to do the following:

1) publish dictionary definitions that you've scraped from online dictionaries in your book
2) use trademarks and logos that you've scraped from online businesses in your book
3) you want to talk about the negative effect of companies on individuals
4) you want to talk about the negative influence of certain famous individuals
5) you want to register Copyright on this material, but you don't want to give the Copyright office your mailing address because of "privacy concerns"
6) you want to register Copyright for your book in every jurisdiction in existence.

Let me just say that every single one of these raises an ethical flag for me. However as others have said, the only appropriate response is... Seek Legal Advice!