Copyright relating to products and para-phrasing...

[Jon Rowlands]

Hi folks,

I wondered if anybody could help me out with a spot of UK copyright law advice?! I've got two areas in my novel that are concerning me slightly;

1) Products; I've seen products mentioned over and over again in novels, but I want to be squeaky-clean. I mention iPods and a few other brand names and television shows, but only as a means to ground characters in popular culture and settings.

2) Quotes/Para-phrasing; I've para-phrased a couple of famous lines from literature/film to, once again help develop character profiles, ground them in their contemporary world and give them three-dimensions. For example, one character says 'you're not in Kansas anymore' as a reference to the Wizard of Oz and the new world scenario common to both Dorothy and my character. Another discusses in passing the famous Sherlock Holmes 'eliminate the impossible' line as a way to think laterally, whilst there is a later discussion over Edgar Allan Poe's Purloined Letter story, which helps a character to see an obvious clue amongst the chaos.

These lines/stories/references are so famous, they're indoctrinated into most minds already, but they still clearly have a copyright implication.

I'm loathed to remove them (although it is far from catastrophic for the novel if I do) as I just feel they help establish some commonality between reader and character. But I can't afford fees for copyright and do not have limitless time nor resources before I need to submit my completed manuscript.

I've heard this phrase 'fair use', but a lot of the web information refers to USA law. I'm considering joining the Society of Authors, but fear the timescale...!

Any suggestions gratefully received!
Thanks in advance everyone!

JR

 

[John Jarrold]

If you quote around 20 words, you're fine as I understand it. And since Ian Fleming used products throughout the Bond books, and Bill Gibson is famous for his use of named products, I don't think you have a problem there, Jon!

 

[Jon Rowlands]

That's what I thought John, but it's reassuring to hear it from someone else, especially a fellow of your experience.

Is it worth putting the familiar fail-safe disclaimer in the copyright page about permissions where possible, or am I obsessing?!

Which reminds me; I noticed your name in the acknowledgments for The Vesuvius Club, which has to be one of my favourite books of recent time. I was a fan right from the Mark Gatiss' first description of Delilah! Looking forward to the last instalment next month...

Thanks again!

 

[John Jarrold]

Check out the quotes, but don't worry about the product names. And the Society of Authors should give you a full reply over the phone, immediately.

Yes, I was really chuffed to commission Mark's novels, after six months of chasing him down and suggesting he wrote adult fiction! He's a good bloke.

 

[Jon Rowlands]

That's great, will do John, thanks.

Yes, he always seems to come across well in interviews; the LoG characters are such a departure from the humility and charm he has as himself, sans butcher's hat and stick-on chops...

And Lucifer Box is such a delightfully wicked character...!