Copyright question

[karmadog]

I am writing a story that uses fictional newspaper excerpts. Can I get in trouble for using the name of a real newspaper?

 

[Weird Harold]

Can I get in trouble for using the name of a real newspaper?

The name of a newspaper is a "trademark" rather than a copyright. I don't think you'll have any problem with using a real paper's name unless the article attributed to them is slanderous.

If you're in any doubt about whether the fictitious article would cause them to sue you for smearing their trademark, then you should probably use a generic name like "The Times" or "the Sun" for thepaper that carries the article.

 

[karmadog]

Thanks, Harold. I appreciate it.

As much as I might like to slander the local papers, I have no current plans to do so.

 

[MaxSebastian]

Unless you want to get into trouble in Britain, where 'The Times' and 'The Sun' are of course, not generic newspaper titles.

 

[P. B. Walker]

Another thing you could do is use the name of a paper from another city. For example, here in DC, we have the Washington Post. If you were in say, Atlanta, you could call it The Atlanta Post (I don't believe there is an Atlanta Post, but I could be wrong). That way it's not generic (if you wanted it to sound more real) and you won't get sued because there would be no such newspaper. And it's easy to do. Just find a city near you or in the country who's name you like, and replace their name with the name of the city in your story. You can even do it with famous newspapers like the Wall Street Journal, Chicago Tribune, etc.

Good luck,

- PBW

 

[Pokerman]

I like P.B.Walker's suggestion.

It's like Law & Order, where several cases have taken place at "Hudson Univesity", even though there is NO "Hudson University" in NYC, yet it sounds real enough...

 

[The Sex Master]

trouble

I dont know

 

[voyergirl]

? master?

sex master-? i am confused why post a reply to everything yet say nothing?


as for the paper story i have to agree but a cute twist may be to call it "the daily planet" i don't think superman would mike he's been daydreaming of bonin lois lane for years lmao!

voy

 

[Weird Harold]

Re: ? master?

call it "the daily planet" i don't think superman would mike he's been daydreaming of bonin lois lane for years lmao!

Superman doesn't own the copyright on that name. (and in this case it is copyright and not trademark) D.C. Comics does.

As for "The Times" and "The Sun" being trademarked names in the UK, I think I read of a court case several years ago that ruled those names were too generic to trademark -- something about a paper here in the states that is also named "The Sun." "The London Times," "The New York Times," and "The Daily Sun" are papers that I know with registered trademarks that have been successfully been defended in court.

I think the principle of "fair use" would suffice to let you use whatever name you want for your paper. Thousands of fictional pieces have planted stories in The New York Times or the London Times without raising any eyebrows -- it's clearly understood that an articl cited in a piece of fiction is (usually) also fictional.

 

[The Sex Master]

Re: ? master?

sex master-? i am confused why post a reply to everything yet say nothing?


as for the paper story i have to agree but a cute twist may be to call it "the daily planet" i don't think superman would mike he's been daydreaming of bonin lois lane for years lmao!

voy

The answer is simple,I am fervently working to gain access to an avatar.

There are some posts I have done where I knew nothing,so,after taking the time to peruse the subject,I would make a comment.

If you follow my postings however,you will find there are things I do contribute in what I hope is a constructive way.

Thank you for following my posts as well as you have,and I do appreciate your comments.

Lastly,it's a game for me,I fully intend to reach the 100 posts required before midnight tonight.
(What better way to put my name in front of the authors who I later on hope to collaborate with in developing my skills as a writer?)

 

[Whispersecret]

I'd venture to suggest that a better way to foster camaraderie with other authors on this board would be to comment only when you had something to say so people don't waste their time clicking on a thread, expecting to find a real comment, only to find nothing but an attempt to gain the arguably empty goal of a certain post total.

In other words, I gladly welcome you to the board Sex Master, but please control yourself.

 

[karmadog]

Thanks

Thanks everybody, all good ideas (except Sex Master, but congrats on the avatar), but I hope Weird Harolds "fair use" comment is correct. It sounds right, and I think using the actual name will make the story feel more "real".

Wish me luck.

 

[Uther_Pendragon]

Thanks everybody, all good ideas (except Sex Master, but congrats on the avatar), but I hope Weird Harolds "fair use" comment is correct. It sounds right, and I think using the actual name will make the story feel more "real".

Wish me luck.

;
I don't quite know the answer to your first question.
But I sure as hell know that you can't use a defense of
"fair use."
"Fair use" is a term of art in copyright law. You may
quote popyrighted material for particular purposes.
You generally do not have "fair use" in fiction. Nor is the
use of a trademark covered.
I think that a totally fake name, the New York Tribune, the
Detroit Journal, is better advice.
:
The statute in the USA defines "fair use" pretty carefully,
although the idea originally comes from court decisions.
Unless somebody quotes the apecific fair use you should
cite, any advice on the Internet that you should
claim fair use is probably based on ignorance.

 

[voyergirl]

typo's!!!!!!

damn damn damn
did any of you catch my "mike" typo earlier up there lol
i must have been talking and typing again lmao sorry all i meant to say "mind" not "mike". Mike is my hubby lmao know ya all know i can walk and talk at once lmao sorry!!!!!!


voy