Copyright Question

[madelinemasoch]

If I do a story called "Build-A-Boi Workshop" does that violate the copyright of Build-A-Bear?

 

[ElectricBlue]

If I do a story called "Build-A-Boi Workshop" does that violate the copyright of Build-A-Bear?

No. You can't copyright a title, and besides, "bear" is not a "boi", they're two different intellectual ideas.

 

[SimonDoom]

No. Generally speaking, you cannot obtain copyright over a name or title of something. However, the Build A Bear companies own a registered trademark in the term "Build A Bear," which prevents others from using the term or very similar terms in ways that would cause consumer confusion or dilute the value of the trademark.

That would be impossible to prove in this case. Nobody on Earth is going to confuse your story and its authorship with the Build A Bear companies.

Short answer: Don't worry about it.

 

[Britva415]

The relevant concept here is "trademark," not copyright, but still, no, it's no violation.

 

[TheLobster]

There’s a ton of stories here with punny titles like this. Heck, I committed two myself (“The Perks of Being a Futanari” and the recent “Gym Girl, Interrupted”).

I still think that “One Flew over the Cuckold’s Nest” is probably impossible to beat, though.

 

[intim8]

Back in the day, when you had to rent your porn by slinking into the back room, then bring your selected VHS tapes up to the counter and wait in line with all the normies to let the jaded woman behind the counter to check you out with no judgement at all, porno movies did this all the time.

Whatever mainstream movie was popular, within weeks there'd be porn with a pun on the title. I remember "Desperately Sucking Susan", riffing off the title of a well forgotten Madonna movie.

 

[ShelbyDawn57]

If I do a story called "Build-A-Boi Workshop" does that violate the copyright of Build-A-Bear?

No. In fact, I can see a series; Build a Boi, Build a Bear, Build a Twink, etc. ...

 

[alohadave]

If I do a story called "Build-A-Boi Workshop" does that violate the copyright of Build-A-Bear?

Build-a-Bear would be trademarked, not copyrighted.

No one is going to come after you using the naming format.

 

[onehitwanda]

No. Generally speaking, you cannot obtain copyright over a name or title of something. However, the Build A Bear companies own a registered trademark in the term "Build A Bear," which prevents others from using the term or very similar terms in ways that would cause consumer confusion or dilute the value of the trademark.

That would be impossible to prove in this case. Nobody on Earth is going to confuse your story and its authorship with the Build A Bear companies.

Short answer: Don't worry about it.

What if the Boi is a Bear-to-be? Or am I tilting at windmills?

 

[SimonDoom]

What if the Boi is a Bear-to-be? Or am I tilting at windmills?

I think you're tossing birds into the wind turbine. Shame on you.

 

[onehitwanda]

I think you're tossing birds into the wind turbine. Shame on you.

Just Pheasants. They hardly count as birds. They've evolved to be the avian equivalent of the People's Front of Judea.

 

[SimonDoom]

Just Pheasants. They hardly count as birds. They've evolved to be the avian equivalent of the People's Front of Judea.

At least, they're not the Judean People's Front.

 

[onehitwanda]

At least, they're not the Judean People's Front.

Pheasanti eunt domo!

 

[Yarglenurp]

As long as it's just a story, risk seems basically zero. If they sue you, then just take it down. A company is not going to go after a private author with no money... it costs them more to go to court than they could ever hope to get from you in person. The PR nightmare alone would be worse.

 

[KeithD]

As long as it's just a story, risk seems basically zero. If they sue you, then just take it down. A company is not going to go after a private author with no money... it costs them more to go to court than they could ever hope to get from you in person. The PR nightmare alone would be worse.

Irrelevant. As noted several times already, there's no copyright issue with title uses.

 

[Yarglenurp]

Irrelevant. As noted several times already, there's no copyright issue with title uses.

Uh... no? You're kind of right on copyright, not super right on trademark though. And I dont think OP is asking about one branch of law without any consideration for its sister branch.

Build-a-Bear would be both trademarked and copyrighted. The Build-a-Bear company could use US trademark law to fuck you up if you wrote a best-selling, super-succesful series called "Build-a-Boi."

The main protection here is how seriously unlikely that such a story would have any commercial value. First thing the finance department would say is, "OK, so you're saying we would hire a lawyer for $50K to sue someone who has no money." The second thing they'd say is, "fuck off."

 

[KeithD]

Uh... no? You're kind of right on copyright, not super right on trademark though. And I dont think OP is asking about one branch of law without any consideration for its sister branch.

Build-a-Bear would be both trademarked and copyrighted. The Build-a-Bear company could use US trademark law to fuck you up if you wrote a best-selling, super-succesful series called "Build-a-Boi."

The main protection here is how seriously unlikely that such a story would have any commercial value. First thing the finance department would say is, "OK, so you're saying we would hire a lawyer for $50K to sue someone who has no money." The second thing they'd say is, "fuck off."

The OP asked about copyright, not trademark. And the titles aren't either identical or topically similar, so no trademark problem either. The OP didn't ask about trademark and someone up the line had already covered that.

 

[ShelbyDawn57]

What if the Boi is a Bear-to-be? Or am I tilting at windmills?

Thinking your more likely to send your cervantes to do the windmill tilting...

 

[Thanatos_X13]

The only one I know of to be very VERY careful about is "Choose Your Own Adventure" b/c the company that owns that trademark will seemingly sue anyone and everyone for using it. But as for build-a-boi, I am not a lawyer, but I'd imagine you're pretty safe. And, I doubt build-a-bear lawyers are scouring erotica sites for infringement. But then again, I am not a lawyer. >_>

 

[StillStunned]

How about Bob the Build-A-Boi*? Would that get you into trouble?

* Can we fix it? Yes we can!

 

[onehitwanda]

Thinking your more likely to send your cervantes to do the windmill tilting...

 

[Kelliezgirl]

Don't trust in the "I'm too small for them to go after". Remember Disney threatened to sue 3 day care centers for having murals with Mickey on their walls.
https://hls.harvard.edu/today/harva...-to-protect-mickey-mouse-and-winnie-the-pooh/

The reality is that a company has to defend their IP, failing to do so can be used against them in later infringement cases.

That said, worst case scenario is you get a cease and desist letter, in which case I as a non-lawyer would advise you to cease and desist.

 

[Ren_eh]

. . . . Nobody on Earth is going to confuse your story and its authorship with the Build A Bear companies.

Short answer: Don't worry about it.

Probably. But if it was a story for the Gay Male category and the Boi was older, dominant, stocky. muscular, and quite hairy . . ..

 

[Bramblethorn]

What if the Boi is a Bear-to-be? Or am I tilting at windmills?

Ah, how I've missed the boi/bear discourse!

 

[Bramblethorn]

Uh... no? You're kind of right on copyright, not super right on trademark though. And I dont think OP is asking about one branch of law without any consideration for its sister branch.

Build-a-Bear would be both trademarked and copyrighted.

It's not copyrighted.

https://copyright.gov/help/faq/faq-protect.html

"Copyright does not protect names, titles, slogans, or short phrases."

It is trademarked, but trademarks apply to a specific market sector/s. They don't give exclusive ownership to a name in every context everywhere. A trademark that covers the manufacture of plush toys doesn't restrict OP in using that title for erotica.

The Build-a-Bear company could use US trademark law to fuck you up if you wrote a best-selling, super-succesful series called "Build-a-Boi."

In the sense that a large company which feels like spending money on litigation can make life unpleasant for anybody without that kind of money, sure.

But unless they had a trademark that covered text fiction, and could persuade a court that there was a significant risk of buyers confusing OP's brand with theirs, they wouldn't have a legal basis for it.