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McAnally's (The Community Pub) => Author Craft => Topic started by: Snowleopard on December 14, 2010, 05:05:12 PM
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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.
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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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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.
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Considering I've seen plenty of references to TV in books I'm sure you're probably in the clear.
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I think this probably comes under the heading of Fair Use, but don't quote me on that.
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...don't quote me on that.
:D
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Copywrite does not equal copyright. I think the latter is more of a concern here.
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Last I heard, allusions weren't illegal. *shrug*
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Unfortunately the phrase - "who ya gonna call" isn't an illusion.
I think that the phrase itself is trademarked.
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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.
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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)
Freebie English lesson (for those who need it)
Allude: Make reference to.
Elude: Be difficult to catch or hold.
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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.