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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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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?
  








If you don't know it's impossible it's easier to do. And because nobody's done it before, they haven't made up rules to stop anyone doing that again, yet.
— Neil Gaiman