I'm publishing a novel this summer!!!!
I've learned so much about the process so far. I had to get an editor--and wow, is that expensive.
I had to get a book designer...more on that later.
I had to
get permission to use song lyrics and a quote by Anne Landers...more on that later.
But, I'd say the biggest drama I've had so far was use of trademark and a certain tourist shop near where the book is set--which shall remain nameless.
I sent them a little note letting them know I was going to have my characters in
Sadie's Mountain go to their location during a date.
Here was their response: (Note: I edited to remove their company name and any distinguishing content--not because I have to. Because I want to--because I'm nice. Oh, and also, I think she quoted something, but I'm not sure. Her quotes--stealing or not--are left in the quote below for descriptive purposes only.)
Congratulations on your book and thank you for letting me know about your publication. I hope I can lend some help in a small way with your fictional story line before it goes to print.
The Name removed is not a fictional place. We are not fictional, we are factual and historical. The owners are not fictional. You will need permission to use our "trademark" name and "copyrighted" establishment in your printing. We cannot prevent you from taking photos of our building from the street, however any photos obtained on the private property of the Name removed also cannot be used in a fictional publication for personal gain.
I appreciate that you "Legally" are not obligated to ask my permission to use this name and place, however under the copyright codes and trademark you will "Legally" need written permission to use our name "Name Removed" in your book or further publications.
Please do not fabricate, make up or otherwise attempt to deface or fictionalize the "Name Removed".
You do not have written permission to use this name.
I hope this has helped you re-think your final manuscript and good luck with your writings.
Sincerely,
Angry Trademark Owner
[The "Laws" below were pasted under the signature. I've just made them smaller.]
Title 17 Section 120 of the good old US Code:
(a) Pictorial Representations Permitted- The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.
In the U.S. a building can be copyrighted and trademarked too, and you can't use the image of it commercially without permission, except as a small element of a larger skyline. You can of course photograph anything you like from a public street -- it's how you use it that matters.
It is possible to trademark some aspects of a building, if there is an ongoing business that uses the aspect to identify itself. The aspect would have to be distinct enough that it serves to identify your particular brand (say, golden arches, a blue dome in the shape of a soft serve ice cream cone, or even a particular shade of paint is distinct enough."
So, I was on the bus coming back from a field trip when I read that. At first I thought she was being nice to me. Then, she hit me with all that mumbo-jumbo and my head started spinning.
