OnlineBookClub.org

I looked and did not find a topic on this. If there is one,I am sorry for the duplication.

I am currently writing a novel. And in one of the scenes, the "X-Files and the hardy Boys are mentioned. is this ok or could this be a form of copyright infridgement? Just the names are mentioned and not any of the programs or scenes from the programs.

Erich

No. It is not copyright infringement to name a TV or movie, or even to comment on it. In my novel I introduce an FBI agent who's a spitting image of the "Cigarette Smoking Man" from X-Files (actor William B. Davis). Such things are okay.

What is NOT okay is to use a plotline or theme from another book, movie, TV show, or any other venue. It's okay to talk about it: "He playfully tagged me under the chin like Cagney's signature move from Public Enemy." or similar.

You also cannot use a direct quote at any time. For example, in my 1st novel, my protagonist is listening to the song "Do it again" and I knew that I couldn't quote the lyrics "wheel turnin' round and round" etc. unless I got clear permission, which would take a lot of work. So I paraphrased the lyrics, said "I sang along with the wheel turning lyrics..." and so on.

Be very careful mentioning real people's names. Actors and other celebs are public figures so you can say "She looked like Tilda Swinton on a bad day." but you cannot say anything actually bad about the celeb.

Just use common sense. And check online -- there are writers' help sites with this sort of info.

Thanks. I do use some lyrics but fortunetly, I have friends in high places in that regards. . Thanks for the other information. I had a feeling that it was ok, but I do not like to "assume".

Well, I don't understand the "friends in high places" but another point is that when your book is purchased and published, one of the editing steps is vetting by the publisher's legal department, during which the editor will take a look at any quotes or passages that may create a legal problem and generally ask that you change it accordingly. And of course there's always the disclaimer "This is a work of fiction... etc"

For example, if you quote, say, a verse from a published ASCAP song, you have to obtain written legal permission from the owner of the song. You'll see these sorts of things in the legal page of a book's preface section: "Lyrics for 'As Time Goes By' reprinted by permission of ..."

Generally it's okay to paraphrase song lyrics. You can also of course quote passages from books or whatever that might be in the public domain. For example, I have an epigraph from "Macbeth" for my new novel. Ol' Will Shakespeare ain't gonna sue.

Moderntimes, you don't have any friends in high places?

I do, but unfortunately they aren't literary high places. Goes back to when I worked in Greenbelt MD for Uncle.

Awesome!

Pop culture references are made all the time in books and tv shows. In the Buffy tv series they called the group of friends "the Scoobies" referring to the Scooby Doo cartoon show. The Big Bang Theory is a show flooded with these references. As long as it is clear that you are making a reference and not claiming the characters are in your book.

The "friends in high places" refers to bands and song writers I know personally.
Thanks for all the comments. Pretty much sums up the question.

Regardless of knowing the bands or songsters personally, your book will require a formal acknowledgement and permissions statement on the legal / copyright page to satisfy the publisher's legal department. Luckily with your acquaintances, you'll be easily able to get that formal permission, pretty standard stuff for ASCAP registered lyrics.