Author Topic: Question on Trademark or Copywrite  (Read 4139 times)

Offline Snowleopard

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Question on Trademark or Copywrite
« on: December 14, 2010, 05:05:12 PM »
Greetings All,
     I'm trying to write a fantasy short story.
In it one character is wearing a T-shirt with the quote on it - "Who ya gonna call..."
I know that's from Ghostbusters.  Question is - is it a Trademark or a Copywrite?
And which little symbol do I use?  I'm assuming that I have to use one of them.


Offline Starbeam

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Re: Question on Trademark or Copywrite
« Reply #1 on: December 14, 2010, 05:20:11 PM »
I'm not entirely certain, though I don't think it's as much an issue unless it specifically references Ghostbusters.  I would lean more toward trademark, if anything.  Also, just an FYI really, copywrite is, I believe, to write ads and such.  I almost want to say that I've seen the quote used in one of the Dresden books.
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Offline Snowleopard

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Re: Question on Trademark or Copywrite
« Reply #2 on: December 14, 2010, 05:22:32 PM »
Hey Starbeam, I think I have too.
Mine's kinda ironic because the character wearing it is a ghost chaser
who doesn't take himself too seriously.

Offline Enjorous

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Re: Question on Trademark or Copywrite
« Reply #3 on: December 14, 2010, 06:03:20 PM »
Considering I've seen plenty of references to TV in books I'm sure you're probably in the clear.
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Offline LizW65

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Re: Question on Trademark or Copywrite
« Reply #4 on: December 14, 2010, 10:26:43 PM »
I think this probably comes under the heading of Fair Use, but don't quote me on that.
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Offline SuperflyMD

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Re: Question on Trademark or Copywrite
« Reply #5 on: December 21, 2010, 01:28:54 AM »
I've got two words for you: no.

Offline Frogge

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Re: Question on Trademark or Copywrite
« Reply #6 on: December 21, 2010, 07:18:41 AM »
Copywrite does not equal copyright.  I think the latter is more of a concern here. 

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Offline jeno

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Re: Question on Trademark or Copywrite
« Reply #7 on: December 31, 2010, 07:02:15 AM »
Last I heard, allusions weren't illegal. *shrug*
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Offline Snowleopard

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Re: Question on Trademark or Copywrite
« Reply #8 on: December 31, 2010, 07:26:09 PM »
Unfortunately the phrase - "who ya gonna call" isn't an illusion.
I think that the phrase itself is trademarked.

Offline jeno

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Re: Question on Trademark or Copywrite
« Reply #9 on: January 01, 2011, 01:01:35 PM »
So don't use the whole phrase. Have the character say, "That's right, who you gonna ca- hey! Watch it!" as someone takes a swipe at his head, or something.
You think you know how this story is going to end, but you don't. -Christopher Moore

The kraken stirs. And ten billion sushi dinners cry out for vengeance. -Terry Pratchett & Neil Gaiman

Offline AnthonyHJ

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Re: Question on Trademark or Copywrite
« Reply #10 on: January 01, 2011, 03:50:26 PM »
I think this probably comes under the heading of Fair Use, but don't quote me on that.
Jim alludes to it in Changes, when discussing the sample of depleted uranium he has in the lab, but does not use the full phrase.  In all honesty, I think 'Who you gonna call?' is as safe as 'Use the force' and the DF books are filled with direct quotes from Star Wars.

On the other hand, my experience is that publishers tend to have legal teams who advise you when something like that is an issue.  They may not be the most tactful, but they are the most thorough...  (a combination of directness and OCD also common among vampires, if the folklore is to be believed)

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Allude: Make reference to.
Elude: Be difficult to catch or hold.

Offline Starbeam

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Re: Question on Trademark or Copywrite
« Reply #11 on: January 01, 2011, 06:26:19 PM »
I actually do remember asking Jim's editor about this at a con last year.  She wasn't too sure about it, and I mentioned some things in Dresden Files, and she said they must've slipped through.  Been quite a while, so I don't remember it all exactly.  Like Liz said, it may fall under Fair Use.
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