copyright question?

[Teleriecat]

Hi everyone, I'm wondering about words that any writer is allowed to use, that we won't be sued for. Specifically, droid (used largely by Star Wars) and comm or com for communicator, I suppose, used predominately by Star Trek. I've already replaced the word droid in my work. Does anyone know if slang for communicators is acceptable?

 

[The Judge]

Welcome to the Chrons!

Technical point -- this isn't actually an issue of copyright, an inherent right to control the use of original work, but of trademarks, which relate to specifically protected property such as signs and expressions, including words and names.

In fantasy "Discworld" is trademarked, and so is "hobbit". In SF, Death Star, Star Wars and Star Trek are trademarked, as well as "droid" and "space marines". I've never heard of "comm" being trademarked and a quick google throws nothing up, and as it's such a generic term I think anyone attempting to TM it would have some problems.

 

[tinkerdan]

In fantasy "Discworld" is trademarked, and so is "hobbit". In SF, Death Star, Star Wars and Star Trek are trademarked, as well as "droid" and "space marines

Space Marines trademark should determine to only hold for games; though I'm not sure how even that happened, because even for games there is prior use several years back.

Prior use in writing goes back to the 1930s and throughout quite a few authors. Over 25 authors and books with at least 18 prior to the alleged holder's claim with only three using the name in the title, which I think was where the claimant was objecting. Allowing that trademark to hold for writing would be like allowing Microsoft to prevent anyone from using the word windows in writing because it infringes upon their software.

Author	Title	Year(s) published	Unit name
Bob Olsen	"Captain Brink of the Space Marines"	1932	Space Marines
Bob Olsen	"The Space Marines and the Slavers"	1936	Space Marines

Also, In prose, it would be much like preventing the use of McDonalds by characters when all they do is mention or stopping at McDonalds as opposed to portraying McDonalds in a poor light. Now using McDonalds in the title...; although I'm not sure how that would work with a romance novel about the McDonald family.

It all washes out in the courtroom; if they take it that far.

 

[sknox]

>It all washes out in the courtroom; if they take it that far.
And that's really the issue, isn't it? Use a trademarked term and you risk legal action. That almost always is going to start with a letter telling you to knock it off. In the case of us authors, that would mean pulling your book off the market. I'm not sure if they can demand you pull back any copies already sold. I rather doubt that, but they might be able to sue for some sort of damages. Seems pretty unlikely for most of us.

But this sort of misses the point. Why call them droids? Why call them space marines? For most of it--certainly it would be the case for me--it's because I didn't take the time to think up anything better. I say droid and certain images and associations spring immediately to mind. I don't need to do any more work; the word does the work for me. Which is precisely why Lucasfilm would object to the use. Because *they* did the work, not me.

I would go back and ask myself exactly what was I creating with my androids or robots or whatever they actually are. Same for space marines. Are they really marines and not soldiers or sailors? Maybe they're guardians. <gdr>

And that would be an opportunity for me to be more inventive and, thereby, more original.

 

[tinkerdan]

?>And that would be an opportunity for me to be more inventive and, thereby, more original.

Good luck with that.
One thing that we often strive for in making things easier to read is use familiar terms
like:
Marine = Space Marine
Navy = Space Navy
Air Force = Space Air Force
Plumber = Space Plummer
Janitor = Space Janitor

Cadet = Space Cadet[okay maybe we rethink that one.]

But go ahead and use whatever.
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