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Thread: Will I get sued...
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2006-12-04, 06:42 PM (ISO 8601)
- Join Date
- Apr 2006
- Location
- WA, USA
- Gender
Will I get sued...
So, I have an idea for a Sci-fi story, and one idea I would love to throw in:
"The first interstellar human vessel named for a person, The Roddenberry."
Question stands: Do you belive I would be sued by the appropriate corporations?
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2006-12-04, 06:54 PM (ISO 8601)
- Join Date
- Mar 2006
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Re: Will I get sued...
No. You can't really copyright someone's name.
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2006-12-04, 06:56 PM (ISO 8601)
- Join Date
- Aug 2006
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Re: Will I get sued...
Please don't take my words as certain, but as I recall there's no problem as this is a name and not a trademark. The only ones who could say something would be his family, but as you are not talking about the real life of the real person(meaning: telling rumours about Gene) there'd be no real approach for a sue.
(Seen from the points of german law, but I expect other western countires laws to be comparable.)
My opinion, but I'm sure you'll get answers from people who know more facts about it.(Big forums do have advantages ).
I support copyright/privacy rights generally, but I find it sad how the rampaging of some law firms during the big internet hype in the ninteties(with attempts very arguable from the legal point) made many people very insecure about what they still can say anyway.
Sorry, just a personal intermission. As said, I don't see problems with your reminiscence.
EDIT: And someday I will learn the way of the Tinsoldier to just state a correct fact in one sentence and so not getting simu'ed...Last edited by faerwain; 2006-12-04 at 07:03 PM.
That's Axel, the noble bandrowdy and his female side
Thanks to Dispozition for the fantastic Axel/Alexia-avatars
Great Faerwain-avatar by Tomb Raven
Deep bows to Ceika for Faerwain the Triumphant
Middle Ages' most beautiful side- brought to you by the Digital Age
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2006-12-04, 10:28 PM (ISO 8601)
- Join Date
- Mar 2006
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Re: Will I get sued...
Well, I'm not a lawyer either, and I forgot to consider the trademark angle.
Still, for a story, I don't think it would be a problem.
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2006-12-04, 10:37 PM (ISO 8601)
- Join Date
- Dec 2005
- Gender
Re: Will I get sued...
I think you're allowed to use real peoples' (real) names. Stage names are iffy, but an honest name isn't copyrighted. Otherwise the census board would get angry.
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2006-12-05, 04:40 AM (ISO 8601)
- Join Date
- Oct 2005
- Location
- Milton Keynes, UK
- Gender
Re: Will I get sued...
Generally-speaking, the fact that you would think to do it and most of us recognise the reference would imply that his name is a part of (geek) pop-culture. Well, geek and popular in the same sentence may be considered an oxymoron...
In any case, it is a name. In many ways, it is a homage to a man who inspired you and the space-faring characters of your book. If it ever got to be a problem, you would get a nice cease-and-desist letter. They can't just sue you straight off, they have to ask you to change the name first.I played: Arin of the Silver Tongue, Barri Poari
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2006-12-05, 06:43 AM (ISO 8601)
- Join Date
- Jul 2004
- Location
- Ellear Ias stolen my bandages
- Gender
Re: Will I get sued...
You probably will be sued
Will you loose? i dont know, i'm not lawyer
I think its a good idea you talk to the family of the guy you want use the name asking for permition to do that. Explaining all the situation, if its a fan site or a comercial site, if you will give some money to them, ...
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2006-12-05, 07:18 AM (ISO 8601)
- Join Date
- Aug 2006
- Gender
Re: Will I get sued...
Sorry, I'm disagreeing there. It's not a brand name, it's the name of a public (and dead) person. I'm quite convinced no court would accept such a sue in the first place.
Yep, that's the point.
That's of course a good suggestion, friendly asking for the beginning should always be a good way. But don't offer them money without really being asked I don't see much of a right to getting paid on their side.
But instead of further desperately trying to look smart with my half-knowledge(I just can't resist posting as I find the subject interesting) I will a) try and find my private law documentaries to see if I have something useful or, if that doesn't help, b) give your question to a friend of mine this evening, she is studying laws. I might also raise your subject at my university, we have law teachers specialized in media laws (and therefore also the international handling of them, so that the answer will apply to you), but that might take a little time. But I understand that your story is not yet in printing, right?Last edited by faerwain; 2006-12-05 at 07:20 AM. Reason: place, case, what's the difference?
That's Axel, the noble bandrowdy and his female side
Thanks to Dispozition for the fantastic Axel/Alexia-avatars
Great Faerwain-avatar by Tomb Raven
Deep bows to Ceika for Faerwain the Triumphant
Middle Ages' most beautiful side- brought to you by the Digital Age
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2006-12-05, 09:37 AM (ISO 8601)
- Join Date
- Oct 2005
- Location
- Milton Keynes, UK
- Gender
Re: Will I get sued...
Don't be so sure...
Have you never heard of http://www.stellaawards.com/ ?I played: Arin of the Silver Tongue, Barri Poari
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2006-12-05, 10:55 AM (ISO 8601)
- Join Date
- Oct 2006
- Location
- Ireland Endless
- Gender