Copy write ?

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Vince524

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Not sure if this is the right place for this. I'm working on edits to a novel that's going through a small press. In parts of the novel, characters get calls and/or texts from other characters. Usually I mention the ring tone. One girl has her parents set for the Addams Family, another has her cousin set for the Star Trek Theme (He's a nerd) etc. The editor is saying I should check if this violates CR law. No lyrics are mentioned.
 

Pterofan

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I'm not a lawyer, but if all you're doing is mentioning the name of the show and not quoting lyrics, you're probably okay. I had a book come out from a romance epublisher in which one character's ringtone was "Walk This Way" by Aerosmith. That was how I described it in the text. No lyrics, no guest appearances by Steven Tyler as a character. The editors didn't flag it, and I've never gotten a cease and desist order from anyone. I'm sure those more knowledgeable than I will be able to give you more detailed advice.
 

Hapax Legomenon

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I'm pretty sure titles of songs cannot be copyrighted. I mean, how else would you talk about the song? Lyrics are another matter and are apparently a pain in the ass to get permission for.

IANAL and this is for the US. Not sure about other places.
 

Jamesaritchie

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It's copyright, not copy write. Titles are not copyrighted. Lyrics are.
 

BenPanced

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Copy write - is what people in the advertising business do. They write copy.

Copyright - is related to intellectual property law and spells out the rights and ownership of various printed/hard copy visual and written materials, including but not limited to novels, movies, sculpture, and photography.
 

Jamesaritchie

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The editor should know this!


Yes, an editor who doesn't know this is not very experienced, and for that matter, a publisher should have an intellectual property attorney somewhere around.
 

Namatu

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The editor should know this!
Seconded. Or thirded, since James already seconded.

Song titles can be used. Lyrics are subject to copyright. Your editor does not need to be an expert in copyright and permissions, but this is very basic.
 

absitinvidia

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I once saw a publisher announce her new books lineup on an authors' mailing list--making sure to add that all of her titles were copyrighted* so nobody could "steal" them--and a call for submissions. Surprisingly, nobody wanted to publish with her.

*And yes, she made it clear that she had copyrighted the books' titles, not the actual books, some of which were as yet unfinished.
 

Jamesaritchie

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I once saw a publisher announce her new books lineup on an authors' mailing list--making sure to add that all of her titles were copyrighted* so nobody could "steal" them--and a call for submissions. Surprisingly, nobody wanted to publish with her.

*And yes, she made it clear that she had copyrighted the books' titles, not the actual books, some of which were as yet unfinished.

Whoever she was, she wasn't a publisher, and she had zero experience. You can't copyright anything, and any editor or any publisher would know this, as well. It's either covered by copyright the moment it's written, or it never can be. There is no such thing as "copyrighting". You can register an existing copyright, but you cannot copyright anything, ever.
 

heza

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Will no one change this thread title!?


absitinvidia said:
*And yes, she made it clear that she had copyrighted the books' titles, not the actual books, some of which were as yet unfinished.

Interesting article from a law firm I don't know anything about on what you can and can't register trademarks on re: book titles.
 
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