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TIGSource ForumsCommunityTownhallForum IssuesArchived subforums (read only)CreativeWritingReferences and copyrights
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~Tidal
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« on: February 20, 2015, 07:50:29 AM »

I was thinking.
It is cool to make references to your favorite song or your favorite TV show but...when does it become copyright infringement exactly?
I mean, aside the time needed for something to became public domain.
If I quote, for example, Daft Punk's album name "Human after all" in a sentence, is it copyright infringement? Do I have to play with words to avoid it or it works just fine?
I hope is not a stupid question.
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rj
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« Reply #1 on: February 20, 2015, 08:09:41 AM »

nah, that's fine i think

it's not even copyright infringement to include facsimiles of things (i.e. if you're making a comic you could probably have a dude pick up a copy of human after all as long as you're not copying and pasting the art directly) as long as the intent isn't to undercut the work in question in some way

name dropping things is not a problem

this is a good example from a published work i just read

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OccamsRazor
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« Reply #2 on: February 20, 2015, 08:13:17 AM »

It's my understanding that you can reference a band's name, album or songs in another work such as a novel or videogame without running in to copyright or trademark trouble - it's only when you use the lyrics that this becomes an issue(that being the content of the song, more or less).

I did a bit of looking around to see if I could find something to support this. This blog post by a book/magazine publisher seems to give a fairly comprehensive look at the use of references in your own work, and it does state that you can reference the title or author of any work freely.

http://janefriedman.com/2012/01/23/permissions/
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rj
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« Reply #3 on: February 20, 2015, 08:17:50 AM »

It's my understanding that you can reference a band's name, album or songs in another work such as a novel or videogame without running in to copyright or trademark trouble - it's only when you use the lyrics that this becomes an issue(that being the content of the song, more or less)

this happens in sex criminals; there's a great moment where they sing "fat bottomed girls" by queen, and pasted over the lyrics with a discussion from the author about how they couldn't get the rights in time.

what's interesting is that not all of the lyrics are covered up, which tells me that as long as it's not a substantially long excerpt, you should be fine
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~Tidal
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« Reply #4 on: February 20, 2015, 08:29:12 AM »

Lyrics are troubling me more than everything else now, woah.
Quote
t’s dangerous to use even 1 line without asking for permission
is it true?
Because, I mean, several times I've seen people quoting one line, only one, from a song (for example, Bob's Dylan song in Hitchhiker's guide to the galaxy) and I don't think they got permission every time.
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rj
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« Reply #5 on: February 20, 2015, 10:01:22 AM »

"dangerous" meaning that TECHNICALLY no law says you're in the right.

but no law says you're in the wrong.

the reason it's "dangerous" is that technically speaking fair use is 100% court caseable
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~Tidal
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« Reply #6 on: February 20, 2015, 11:23:30 AM »

In some old topic I've discovered my country hasn't even concept of fair use :|...it has something, but it is very, very restrictive.
This is what bothers me, actually, in the whole copyright concept. That copyrights are not equal among all countries. Seems they are not even equal in all the countries of EU!
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