Copyright on referring to celebrities

[Teatime]

Hi all,

I was wondering whether it's possible, legally (without getting permission) to refer to a famous person in a book. I want to mention my main character is reading a book by a famous author (still alive and writing), and how much he enjoys this author. Is that OK, or should I not name the author or the book?

Thanks

 

[iansales]

As far as I'm aware, you can legally mention any person living or dead in a story. You can even use them characters - although you need to be careful of libel laws or defamation of character.

 

[Susan Boulton]

Hi all,

I was wondering whether it's possible, legally (without getting permission) to refer to a famous person in a book. I want to mention my main character is reading a book by a famous author (still alive and writing), and how much he enjoys this author. Is that OK, or should I not name the author or the book?

Thanks

To be honest, Teatime, write the novel, then sell it, then worry about the copyright, you will have an agent/publisher then to advise you. The novel can always be edited. (And it will )

I have a section of a 1st world war poem in my latest effort. I know, since the author died in the 1970's that it is still in copyright, so if the work is sold I will have to get copyright sorted out,(Though it is only a verse and think there is a rule concerning part use, but not sure) but I do have permission from a modern writer to put part of one of his poems in the work, which would suit just as well. Also parts of a poem by Richard Harris Barham (1788- 1850) are used as clues by the characters, and that work is in the public domain, but again "if" and it is a big if, the work is sold, then is the time to start thinking on matters of copyright/ and or editing.

 

[Teatime]

How about 'he was listening to <famous band name>'? Do I need permission to mention a band (without giving an opinion on them beyond that of the main character's)?

Could I - making it clear that it's the character's opinion - mention a band name, or a song name (not lyrics) and talk about the character's opinion of them?

For instance, at the moment, the character is upset, and listening to music to calm him down. I would much prefer to be able to name the band he's listening to, and describe why that particular music has the particular effect on him.

Thanks

(also, if it matters, this is in the UK, although the bands I'm thinking of are from the UK and US)

 

[Doctor Sax]

Read any recently published book. Pop cultural references abound. You can have your character listening to the Kaiser Chiefs on his i-Pod while swilling a couple of Viagra tablets down with a can of Pepsi Max, then stripping off his Paul Smith jeans, his Dolce and Gabbana shirt and his Tesco underpants before pleasuring Vanessa Feltz with a rolled-up copy of Heat magazine.

If you really want to.

 

[Teatime]

Cool. And just to be clear, I can state a character's opinion on those things? (although, pleasuring vanessa feltz makes me think there'd be some kind of legal issue - defamation or something)

I figured those books had obtained some kind of permission to name those things

 

[Marky Lazer]

What SJAB said. Anyway, refering to a book being read, that can't be a problem at all.

To go even further, read Bret Easton Ellis's Glamorama!

 

[Flemcodogmusic]

Hi everyone!

I don't know how true this is ... but I read that the film rights for Robert Rankin's Armageddon: The Musical were sold quite a few years ago, but nobody's been able to go ahead with production, because of Elvis Presley being a major character. Apparently, there's an issue regarding the use of his image ...

It didn't mention anything about Robert Rankin having similar problems when the book was originally published ...

But maybe he did ...

Does anyone know?

 

[Teresa Edgerton]

Any explanation would depend on the exact situation. Photographs and performances are copyright, for instance. So if they put a photograph of Elvis on the wall in one scene, or if they were cutting in old footage, there could be difficulty getting permission from the copyright holder.

 

[Balthazar]

Literary merit aside, Brett Easton Ellis's American Psycho was a veritable catalog of brand names and designer labels.


I agree that you should just write what you want and let agent/editor figure it out.

 

[Giovanna Clairval]

I have a section of a 1st world war poem in my latest effort. I know, since the author died in the 1970's that it is still in copyright, so if the work is sold I will have to get copyright sorted out,(Though it is only a verse and think there is a rule concerning part use, but not sure)

I have read somewhere that you can quote up to four lines, with mention of the author and the publisher (same for songs).

 

[Anatedhrai]

In the UK (it may be different elsewhere) you can quote up to 400 words for purposes of review or criticism. You need permission to quote for other reasons and copyright holders of song lyrics may ask you to pay. Don't expect no-one to notice as you will no doubt be wrong. Also, it's the author's responsibility to obtain permission to quote copyrighted material, not the publisher's - and it's the author's liability if he or she gets sued. (And it has happened.) Two years ago, I edited an anthology of music-themed stories and I was very specific about this in the guidelines.

UK copyright lasts for seventy years after the author's death. (That's one reason why it's a good idea to appoint a literary executor in your will if you've had work published.) So your WW1 poem will certainly be in copyright, and you'll need permission to quote - the author's publisher or agent should be able to put you in touch with the author's estate, and they may even be empowered to represent the estate.

 

[Susan Boulton]

In the UK (it may be different elsewhere) you can quote up to 400 words for purposes of review or criticism. You need permission to quote for other reasons and copyright holders of song lyrics may ask you to pay. Don't expect no-one to notice as you will no doubt be wrong. Also, it's the author's responsibility to obtain permission to quote copyrighted material, not the publisher's - and it's the author's liability if he or she gets sued. (And it has happened.) Two years ago, I edited an anthology of music-themed stories and I was very specific about this in the guidelines.

UK copyright lasts for seventy years after the author's death. (That's one reason why it's a good idea to appoint a literary executor in your will if you've had work published.) So your WW1 poem will certainly be in copyright, and you'll need permission to quote - the author's publisher or agent should be able to put you in touch with the author's estate, and they may even be empowered to represent the estate.

Thanks for the information Anatedhrai, but the matter is at the moment somewhat moot, as the work is not yet sold, nor in print. If it comes down to it the poem could be removed. (I have never even placed the poem section up for critique on OWW, when I was putting sections of the work up there.) Though the sections of a poem by Richard Harris Barham (1788- 1850) are important to the story, they too, with a re-write and editing could be removed.

 

[John Jarrold]

Don't put the cart before the horse. Write the book.