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	<title>Comments for Accentuate Author Services</title>
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	<description>Accentuate your writing with AS!</description>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by SK Brooklyns</title>
		<link>http://accentuateservices.com/archives/567#comment-2924</link>
		<dc:creator>SK Brooklyns</dc:creator>
		<pubDate>Mon, 20 Feb 2012 19:29:42 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2924</guid>
		<description>All Dr who does is kill a dinosaur and make someones leg&#039;s grow back. A dalek zaps him. Wolverine just says one line and Prof.X does ballet.</description>
		<content:encoded><![CDATA[<p>All Dr who does is kill a dinosaur and make someones leg&#8217;s grow back. A dalek zaps him. Wolverine just says one line and Prof.X does ballet.</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by SK Brooklyns</title>
		<link>http://accentuateservices.com/archives/567#comment-2923</link>
		<dc:creator>SK Brooklyns</dc:creator>
		<pubDate>Mon, 20 Feb 2012 17:29:58 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2923</guid>
		<description>OK if I did like say the Z-men as parody character&#039;s would I be allowed because most famous cartoons do characters who look slightly the same but with different names.</description>
		<content:encoded><![CDATA[<p>OK if I did like say the Z-men as parody character&#8217;s would I be allowed because most famous cartoons do characters who look slightly the same but with different names.</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Accentuate</title>
		<link>http://accentuateservices.com/archives/567#comment-2922</link>
		<dc:creator>Accentuate</dc:creator>
		<pubDate>Mon, 20 Feb 2012 05:32:52 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2922</guid>
		<description>Natalia, no. You cannot use pictures that you find on Google images or on any website, because those are copyrighted to the person who took the picture. You can use them with permission from the owner of the picture, and if there&#039;s a person in the picture, it&#039;s always best to get a model release.

You can use some stock photo sites, like Stock Exchange or IStockPhoto to find royalty-free images, but you do have to agree to the terms of use, contact the photog most of the time, and you might have to pay for them.

If you use someone else&#039;s image on your book cover, you run the risk of not only being sued, but possibly costing you lots of money by having to redo your book cover and not being able to sell any of the ones you have printed and paid for. 

Always be sure to properly get licensed images to use or take them yourself. Never use images you find on other sites or in Google for commercial use at all.</description>
		<content:encoded><![CDATA[<p>Natalia, no. You cannot use pictures that you find on Google images or on any website, because those are copyrighted to the person who took the picture. You can use them with permission from the owner of the picture, and if there&#8217;s a person in the picture, it&#8217;s always best to get a model release.</p>
<p>You can use some stock photo sites, like Stock Exchange or IStockPhoto to find royalty-free images, but you do have to agree to the terms of use, contact the photog most of the time, and you might have to pay for them.</p>
<p>If you use someone else&#8217;s image on your book cover, you run the risk of not only being sued, but possibly costing you lots of money by having to redo your book cover and not being able to sell any of the ones you have printed and paid for. </p>
<p>Always be sure to properly get licensed images to use or take them yourself. Never use images you find on other sites or in Google for commercial use at all.</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Accentuate</title>
		<link>http://accentuateservices.com/archives/567#comment-2921</link>
		<dc:creator>Accentuate</dc:creator>
		<pubDate>Mon, 20 Feb 2012 05:27:04 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2921</guid>
		<description>Unfortunately, SK, that falls under the category of &#039;fan fiction&#039; and for the most part, you can only do fan fiction if you have the permission of the person who holds the copyright or trademark or if you are offering it non-commercially and not making any income from it at all. If you use someone else&#039;s characters in your own writing, when they are well-known characters, and you write stories about them, you run the risk of being sued or contacted by a lawyer to cease.

Sorry.

(The one exception might be if you were doing it as a parody of these characters. Parody is protected under fair use.)</description>
		<content:encoded><![CDATA[<p>Unfortunately, SK, that falls under the category of &#8216;fan fiction&#8217; and for the most part, you can only do fan fiction if you have the permission of the person who holds the copyright or trademark or if you are offering it non-commercially and not making any income from it at all. If you use someone else&#8217;s characters in your own writing, when they are well-known characters, and you write stories about them, you run the risk of being sued or contacted by a lawyer to cease.</p>
<p>Sorry.</p>
<p>(The one exception might be if you were doing it as a parody of these characters. Parody is protected under fair use.)</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by SK Brooklyns</title>
		<link>http://accentuateservices.com/archives/567#comment-2920</link>
		<dc:creator>SK Brooklyns</dc:creator>
		<pubDate>Sun, 19 Feb 2012 17:23:26 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2920</guid>
		<description>Oh yeah I was also planning to advertise Doctor Who and X-men DVD&#039;s...</description>
		<content:encoded><![CDATA[<p>Oh yeah I was also planning to advertise Doctor Who and X-men DVD&#8217;s&#8230;</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by SK Brooklyns</title>
		<link>http://accentuateservices.com/archives/567#comment-2919</link>
		<dc:creator>SK Brooklyns</dc:creator>
		<pubDate>Sun, 19 Feb 2012 17:22:21 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2919</guid>
		<description>Hey I&#039;m writting a comic book to put on the Amazon kindle store, but it does contain Doctor Who, A dalek, Proffessor X and Wolverine. Doctor who&#039;s an important character in the story and I was wondering if this was OK to publish.</description>
		<content:encoded><![CDATA[<p>Hey I&#8217;m writting a comic book to put on the Amazon kindle store, but it does contain Doctor Who, A dalek, Proffessor X and Wolverine. Doctor who&#8217;s an important character in the story and I was wondering if this was OK to publish.</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Natalia</title>
		<link>http://accentuateservices.com/archives/567#comment-2918</link>
		<dc:creator>Natalia</dc:creator>
		<pubDate>Sun, 19 Feb 2012 00:14:42 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2918</guid>
		<description>Hi, I have another question for you. So if I search on google and find a picture that I really like, but its of a person I don&#039;t know is it okay to use it? Like say I wanted to use it on the cover. Could I do that?</description>
		<content:encoded><![CDATA[<p>Hi, I have another question for you. So if I search on google and find a picture that I really like, but its of a person I don&#8217;t know is it okay to use it? Like say I wanted to use it on the cover. Could I do that?</p>
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		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Accentuate</title>
		<link>http://accentuateservices.com/archives/567#comment-2917</link>
		<dc:creator>Accentuate</dc:creator>
		<pubDate>Fri, 17 Feb 2012 22:58:42 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2917</guid>
		<description>Ryan, that&#039;s fine - but let me honestly ask you why you would need to do that? Isn&#039;t just saying that lasers shot out from his wrists enough? It&#039;s down to trusting your audience to understand you without shoving it down their throats. If you said that lasers shot from his wrists, I automatically think of the webs from Spiderman, without your having to tell me.</description>
		<content:encoded><![CDATA[<p>Ryan, that&#8217;s fine &#8211; but let me honestly ask you why you would need to do that? Isn&#8217;t just saying that lasers shot out from his wrists enough? It&#8217;s down to trusting your audience to understand you without shoving it down their throats. If you said that lasers shot from his wrists, I automatically think of the webs from Spiderman, without your having to tell me.</p>
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	<item>
		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Ryan</title>
		<link>http://accentuateservices.com/archives/567#comment-2916</link>
		<dc:creator>Ryan</dc:creator>
		<pubDate>Fri, 17 Feb 2012 21:13:49 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2916</guid>
		<description>What about using a superhero&#039;s name, such as, &quot;All of a sudden, lasers shot out Jack&#039;s wrists like webs from Spiderman!&quot; Would that be legal?</description>
		<content:encoded><![CDATA[<p>What about using a superhero&#8217;s name, such as, &#8220;All of a sudden, lasers shot out Jack&#8217;s wrists like webs from Spiderman!&#8221; Would that be legal?</p>
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	<item>
		<title>Comment on Using Trademarked Terms and Brand Names in Writing (Particularly Fiction Writing) by Accentuate</title>
		<link>http://accentuateservices.com/archives/567#comment-2915</link>
		<dc:creator>Accentuate</dc:creator>
		<pubDate>Thu, 16 Feb 2012 21:35:44 +0000</pubDate>
		<guid isPermaLink="false">http://accentuateservices.com/blog/?p=567#comment-2915</guid>
		<description>Lindsey, that&#039;s perfectly okay. However, it might not be okay to use the images of the beer can on your website, if your website is considered for commercial purposes. That is, if you make money from the website - if you sell the book/story on the website, it&#039;s very likely that&#039;s going to be considered commercial. Now, one would probably argue that Budweiser won&#039;t really care one say or the other. To them, you&#039;re probably small potatoes - in that they can&#039;t get anything from suing, and the expense to do it isn&#039;t worth it. However, some companies are very aggressive with their trademarks, so it&#039;s possible. I personally wouldn&#039;t put up an identifiable brand on my websites. You can blur the name on the pictures. Another alternative might simply be to write Budweiser and ask their permission. They might actually give it to you. After all, if you use the product in a positive light, it&#039;s like free word of mouth advertising for them.

ILikeFilms, yes, it&#039;s okay to use the names of the video games. You can have your characters talk about characters in the games and use their names too. I wouldn&#039;t use them as a basis for plot though, like fan fiction. For example, you wouldn&#039;t want to do a story based in the Pac-Man universe, with Mr. and Mrs. Pac-man as the main characters, and the ghosts as the bad guys, etc. That&#039;s fan fiction, sort of, and it&#039;s usually okay for fun, but not to sell commercially without permission. But to just have your characters playing video games or talking about them is fine.

As for using elements from movies... that&#039;s a tough call.

Now, if you have two young boys that are playing outside and one of them says, &quot;This stick is my Star Wars Lightsaber! Fight me!&quot; Something like that is probably okay, because you give credit to the Star Wars element and the boys are just playing around. But to use a &#039;lightsaber&#039; in a science fiction novel that has nothing to do with Star Wars, probably not a good idea. I&#039;d recommend giving your weapon its own name.

Hope that helps!</description>
		<content:encoded><![CDATA[<p>Lindsey, that&#8217;s perfectly okay. However, it might not be okay to use the images of the beer can on your website, if your website is considered for commercial purposes. That is, if you make money from the website &#8211; if you sell the book/story on the website, it&#8217;s very likely that&#8217;s going to be considered commercial. Now, one would probably argue that Budweiser won&#8217;t really care one say or the other. To them, you&#8217;re probably small potatoes &#8211; in that they can&#8217;t get anything from suing, and the expense to do it isn&#8217;t worth it. However, some companies are very aggressive with their trademarks, so it&#8217;s possible. I personally wouldn&#8217;t put up an identifiable brand on my websites. You can blur the name on the pictures. Another alternative might simply be to write Budweiser and ask their permission. They might actually give it to you. After all, if you use the product in a positive light, it&#8217;s like free word of mouth advertising for them.</p>
<p>ILikeFilms, yes, it&#8217;s okay to use the names of the video games. You can have your characters talk about characters in the games and use their names too. I wouldn&#8217;t use them as a basis for plot though, like fan fiction. For example, you wouldn&#8217;t want to do a story based in the Pac-Man universe, with Mr. and Mrs. Pac-man as the main characters, and the ghosts as the bad guys, etc. That&#8217;s fan fiction, sort of, and it&#8217;s usually okay for fun, but not to sell commercially without permission. But to just have your characters playing video games or talking about them is fine.</p>
<p>As for using elements from movies&#8230; that&#8217;s a tough call.</p>
<p>Now, if you have two young boys that are playing outside and one of them says, &#8220;This stick is my Star Wars Lightsaber! Fight me!&#8221; Something like that is probably okay, because you give credit to the Star Wars element and the boys are just playing around. But to use a &#8216;lightsaber&#8217; in a science fiction novel that has nothing to do with Star Wars, probably not a good idea. I&#8217;d recommend giving your weapon its own name.</p>
<p>Hope that helps!</p>
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