I am getting ready to self-publish a novel to Kindle's Direct Publishing, and I just wanted to absolutely clear up a few things before I did that regarding copyright issues. I have edited my manuscript and have circled all of these "red flags" and am prepared to change them if need be, but if I could leave them in, that would be better.
I know you cannot use lines/direct quotes from a song, book, movie, etc.unless said items are in the public domain (so 1923 and before). However, here's a few things that I am sketchy on for what exactly is allowed and what isn't:
1. Can you use the names of famous people in your novel? For example, can I say my character is reading a book by Stephen King? Or watching the Dr. Phil Show? Or can I say that my character absolutely hates Angelina Jolie's acting?
2. Can I use the name and song title of someone and a movie title? For example, can I say my character is listening to Pink's "Try" on the radio? Or watching "Friday the 13th"?
3. Can I use the title of a book not in the public domain? For example, can I say my character is reading the children's book "Babar" to her kid? Furthermore, can I talk about an analytical interpretation of the book that I learned in college? (This is coming from an experience and an inside joke between me and friends from one of our college English courses where we were learning how to critically analyze literature using different methods such as historical context, psychoanalytical perspectives, colonialism, feminism, etc. Our professor said that the children's book "Babar" was a representation of the French colonization of West Africa in the 1700s, so am I allowed to put that in my novel and not have it violate any copyright laws?)
4. Can I use the name of a sports team? For example, can I say that one of my characters is a professional basketball player for the L. A. Lakers? Or liken someone's actions as being that of a jockey at the Kentucky Derby?
5. Can I use the name of a real newspaper? For example, can I say that one of my characters works for the L. A. Times?
6. Can I use the names of historical people? For example, Jack the Ripper? The Black Dahlia? Hitler?
7. Can I make one of my characters a real person from history? For example, say this was a vampire novel and I wanted to make one of my main character vampires a real person from history. This person is not exceedingly well known, he is a Highwayman from the 1600s who was executed and buried in Covent Garden, but he has been the subject of several famous artists and paintings.So can I use his real name, or do I have to change the name?
8. Can I use the brand name of a motorcycle and car? For example, can I say that one of my characters rides a Diavel Dark by Ducati, or drives a Honda Prius? Or my character feels like they got run-over by a Mack Truck?
9. Can I use brand names of alcohol, food, etc? For example, can I say my character is drinking a Budweiser? Or eating a Big Mac from McDonald's?
10. Can I use the real name of a restaurant and it's famous chef? For example, can I say that my characters are eating at Wolfgang Puck's steakhouse restaurant CUT?
11. Can I use an author's name and book and talk about events that happened due to the book? For example, can I say that John Polidori's short story "The Vampyre" caused a sensation in the early 1800s and can I use the names of his characters and facts from the story to further exemplify the behavior of the people at that time (here is the line from my novel: "Polidori's story offered no amount of detail on the death of the young female, and while Abigail and every other reader had naturally assumed that Lord Ruthven had sex with Aubrey's sister before draining her dry, they had more than likely believed it was a romantic, consensual night of passion as opposed to an evil act of violation.")?
12. Can I use an offhanded reference to a well known movie/book? For example, can my character say something like, "Much in the way of Obi Wan's droid trick."? Or liken a character to Renfield from "Dracula"?
13. Can I use the name of a video game? For example, can I say that my character plays World of Warcraft and is engrossed in the latest version and is intrigued by playing as a giant panda?
I know this sounds tedious and that I really don't know what I'm doing, but I am just merely wanting to cover my butt and not end up getting sued and I am quadruple checking my options and this is my last stop.So please, no snarky comments, just answer my questions honestly and accurately (and if you could number your responses to fit with my numbering, that would be great too)! I appreciate any and all help, so thank you in advance!
~Megan
См. статью: What can you use and not violate any copyright laws in your novel?