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Young Writers Society


Copyrights and legal issues



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Tue Aug 12, 2008 5:54 pm
Manny says...



I've been wondering about this for a long time, but what exactly can you write about before copyright comes into play? Say the story is about a group of people surviving a zombie infestation, and they end up taking shelter in Wal-Mart. Can you actually say they were in Wal-Mart, or would you have to name it something else even though in bare bones it's Wal-Mart? If your characters complained about the quality of items in Wal-Mart, could you be sued for libel or slander or whatever? I haven't seen anything about this issue and was just wondering. Anybody knowledgeable in this area?
  





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Wed Aug 13, 2008 4:50 am
Nate says...



You don't need to worry about using Wal-Mart. I'll write a longer post later explaining why.
  





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27 Reviews



Gender: Male
Points: 1042
Reviews: 27
Wed Aug 13, 2008 4:53 am
Manny says...



Thanks. It's hard to find info on what exactly can be put in writing, when it comes to that stuff. Deeply appreciated. :D
  





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425 Reviews



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Thu Aug 14, 2008 1:51 am
Nate says...



As promised, here's why:

Thanks to fair use & freedom of speech laws in all Western style nations, you can write about just about anything you want to write about. Since this encompasses a lot, I'll try to break down potential concerns one by one.


Using [insert company name or product here] in a Story

Whenever a company trademarks a name, that doesn't mean you can't use it. I remember a couple years ago when there was this huge backlash against one company for trademarking a common phrase (I forget what the phrase was); most people incorrectly believed that because the phrase was now trademarked, no one besides the company could use it.

When a company trademarks something, it is simply forbidding other companies from using that name, logo, and / or slogan. This means Pepsi can't release a new soft-drink called New Sprite (Coke owns Sprite), and Microsoft can't release a new gaming system called Playstation Deluxe.

However, you can use the name in whatever manner you want inside a story.


Using Company Mascots

The picture changes, though, when you start talking about mascots. However, like Harry Potter, you can use them as much as you want in a story, but you can't sell the story. That is, you can be sued if you make a story about Mickey Mouse and then sell that for even $1. Of course, it's extremely unlikely you would be sued, but it's possible. It's similar to how Sony can never release a Mario game.


Bottom Line

For everyone on the Young Writers Society, you really don't need to worry about any of this. Copyright issues (aside from plagiarism & extended excerpts) only come into play when you start trying to make a profit.

If you have any questions, feel free to PM me.
  





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Fri Aug 22, 2008 11:46 pm
Rakun says...



:D Thanks, I was also thinking how about companies name.
Now I can to jot down my character eating "Pocky" while reading some mangas.
Or my girl character getting a "Polo ralph" for her boyfriend.
Don't matter what, just WRITE!

Do you YWS?
  








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