How to handle trademarks etc when self-publishing?

[Viper187]

I've done a fair amount of blogging, and I thought it might be fun to start on an actual book. My writing is inspired mostly by people like George Carlin and Hank Moody and, much like them, the stuff I see in life that annoys me. I think I have a somewhat different view of life than most people, and I thought I'd share a bit. I guess watching Californication on DVD is what got me to actually start on a book instead of just blogging. I didn't know God Hates Us All was actually real until it came up in my Amazon recommendations by chance one day. I just ordered a hard copy, since I despise DRM. I'd really prefer to read it on my computer though.

Anyway, one of the things I'm wondering about is how to deal with mentioning things that are trademarked/copyrighted or whatever: whether it be complaining about Microsoft Xbox, recent movies, talking about Rold Gold pretzels, Coca Cola, whatever. What are the author's legal obligations, if any, as far as using the trademark symbol or adding some kind of disclaimer/registered trademarks notice?

I'm also curious as to the legality of doing a parody of an image from a scene in a movie, particularly Scarface. I always liked that globe image that said "The world is yours?" Has anyone drawn ones to say other things? I was just thinking it might fit well depending on what title I decide go with.

[darkpoet]

Not a lawyer but go check out Wikipedia regarding Fair Use. Assuming you're not slandering the brands in question, you should be fine. If you're in the US or Canada, I assume the definition of slander/libel is to spread falsehoods that damage a reputation. Here in Korea, unfortunately, if it damages a reputation, you can be sued even if it's true...

Parody is a tough choice, though, since Weird Al can get away with copying melodies and rhyme-schemes but Youtube-stars can't. In any case, avoid direct plagiarism.

Oh, and good luck.

[Steven Lake]

I think darkpoet hit it on the nail. You're best to start with the fair use guidelines and then spin out from there. And remember that, what you can typically get away with online isn't always something you can get away with in print. They're like two different animals. Case in point. Whenever I'm doing web reviews of products, I rarely, if ever, use the TM trademark symbol. But if I'm doing something in a print publication, it is required. I've seen articles rejected before in print magazines because someone didn't include one. And that's mostly for legal protections for the publisher. But it's still something to consider.

[Viper187]

Originally Posted by Steven Lake

I think darkpoet hit it on the nail. You're best to start with the fair use guidelines and then spin out from there. And remember that, what you can typically get away with online isn't always something you can get away with in print. They're like two different animals. Case in point. Whenever I'm doing web reviews of products, I rarely, if ever, use the TM trademark symbol. But if I'm doing something in a print publication, it is required. I've seen articles rejected before in print magazines because someone didn't include one. And that's mostly for legal protections for the publisher. But it's still something to consider.

Ah, that's what I was afraid of. The Fair Use article wasn't very informative on that front. I'm complaining about things like Hagen ice cream shrinking the size of the containers from 1.75 quart to 1.5qt while the price stays the same, the stupid way that Best Buy groups the TV show DVDs by studio instead of just putting the damn things all in alphabetical order like they should be. The complete atrocity that is Microsoft's Xbox 360 hardware and it's insane failure rate. Design flaws in PS3s, that "Games For Windows" nonsense. You name the company, I probably complain about their products or their business practices. Don't misunderstand though, the book isn't solely about attacking companies. To describe it is difficult, but I guess you could say it's my life story, and my opinions on life in general--attacking society and social norms as a whole.

Anyway, I was part of a website years ago called Gameshark Central. Late in the life of the site, Interact (who sold the Gameshark at the time) threatened legal action if we didn't take the word gameshark off the site. So the site name changed and every mention of "Gameshark" on the site had to be accompanied by a registered trademark symbol. That's the kind of thing I'm concerned with. I've seen other random sites with those bs disclaimers like "GameShark, Game Genie by Galoob, Code Breaker, Fire International, Interact, and any aforementioned game or product are trademarks of each respective company and product of respective companies as cited in this document."

So are companies (Best Buy, Walmart) in need of any special consideration or just specific products like Playstation? Is a general disclaimer like the one I quoted good/needed, or do I have to catch every mention of every specific item?

[darkpoet]

Hmmm. I'm not sure what kind of book you intend on writing but it sounds to me like perhaps you should blanket your book as a review of sorts... A parody of reviews perhaps... remember the TV Show "The Critic" - something like that... to him, everything was the same: "it stinks."

If, on the other hand, you're going to take aim at specific products or companies, be warned... their lawyers can tie you up in court even if you're in the legal right...

I watched Denis Leary the other day... a tirade regarding flavored coffee. I think he mentioned Starbucks and 7-11 but only in passing and certainly not disparaging the companies. Why don't you just post an example of your writing...?

[Viper187]

Originally Posted by darkpoet

Why don't you just post an example of your writing...?

Aside from the fact most forums censor all the words that certain people consider inappropriate? Here are some of my writings: http://viper.shadowflareindustries.com/?rants

[Steven Lake]

Viper, your writings sound like they'd be better in a magazine than doing them all in a book. I'd actually recommend going to places like Cnet, Consumer Reports, etc and other consumer interest magazines and seeing if they'll print your stuff, as from my experience what you're proposing doesn't work in book form, but does work in online/magazine form through major resources. Heck, I put a few of my articles through Linux+ magazine (I write linux articles on top of my sci-fi writing) and they worked perfectly in that environment.

[Viper187]

Originally Posted by Steven Lake

Viper, your writings sound like they'd be better in a magazine than doing them all in a book. I'd actually recommend going to places like Cnet, Consumer Reports, etc and other consumer interest magazines and seeing if they'll print your stuff, as from my experience what you're proposing doesn't work in book form, but does work in online/magazine form through major resources. Heck, I put a few of my articles through Linux+ magazine (I write linux articles on top of my sci-fi writing) and they worked perfectly in that environment.

You expect me to rant about religion and sports on a consumer reports site too? And how many of these sites have you ever seen "the F word" used on? I don't do censored work. I despise these people that think everything needs to be censored, and come up with this arbitrary list of perfectly good words that nobody is allowed to use.

[Shaggy]

Originally Posted by Viper187

Anyway, one of the things I'm wondering about is how to deal with mentioning things that are trademarked/copyrighted or whatever: whether it be complaining about Microsoft Xbox, recent movies, talking about Rold Gold pretzels, Coca Cola, whatever. What are the author's legal obligations, if any, as far as using the trademark symbol or adding some kind of disclaimer/registered trademarks notice?

I have a different take on this to think about. Regardless of the legalities, the reality is that if one of those companies decides to sue you, it's doubtful you're going to be able to afford to defend yourself. Technically it may be fine to mention a trademarked name in your book, but will that really matter if their lawyers come knocking on your door?

[Viper187]

Originally Posted by Shaggy

I have a different take on this to think about. Regardless of the legalities, the reality is that if one of those companies decides to sue you, it's doubtful you're going to be able to afford to defend yourself. Technically it may be fine to mention a trademarked name in your book, but will that really matter if their lawyers come knocking on your door?

Well, at this point, I have nothing for anyone to sue me for. If I publish the book for free, then I still have nothing to lose.

[Steven Lake]

Well, if the book is published for free, just do it however you want, make it into an ebook, and then share it with everyone. Quick, painless and effective.