Are you allowed to use famous quotes, to sell your products?
- sinnerfire
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I saw this today in the shop and was wondering if its legal to use famous quotes to sell your products?
https://shop.propellerheads.se/product/ ... mmentator/
https://shop.propellerheads.se/product/ ... mmentator/
https://drumandbassasylum.com/ Free Samples + Presets for Reason.
I'd imagine the answer hinges on the question of public domain. If the original writer has been dead a hundred years, it's fair game.
My most recent: viewtopic.php?f=9&t=7504378
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http://www.guidethroughthelegaljunglebl ... uotes.html
tl;dr: it's a grey area. As they don't actually sell anything (TMA is free), it could be considered as fair use, although usually fair use only applies to commentary, parodies, or critics of the original work. In this particular instance, pretty much the only thing the copyright owner could do is ask them to remove the quote (they probably couldn't get any compensation as 1) no money is being made, 2) the product isn't widely and publicly spread, 3) there's obviously no intent to steal IP, confuse buyers, degrade the IP's image, or trying to pass off as the copyright holders themselves).
In short, they are not "legally allowed" to quote Clarke without asking for permission, but who's gonna sue?
(this is assuming that they didn't ask for permission, we're in rhetorical grounds here. Also, if the product was sold and not given away, the risk would be much higher).
Edit: from http://www.nolo.com/legal-encyclopedia/ ... 30100.html :
Non-commercial use is often fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.
tl;dr: it's a grey area. As they don't actually sell anything (TMA is free), it could be considered as fair use, although usually fair use only applies to commentary, parodies, or critics of the original work. In this particular instance, pretty much the only thing the copyright owner could do is ask them to remove the quote (they probably couldn't get any compensation as 1) no money is being made, 2) the product isn't widely and publicly spread, 3) there's obviously no intent to steal IP, confuse buyers, degrade the IP's image, or trying to pass off as the copyright holders themselves).
In short, they are not "legally allowed" to quote Clarke without asking for permission, but who's gonna sue?
(this is assuming that they didn't ask for permission, we're in rhetorical grounds here. Also, if the product was sold and not given away, the risk would be much higher).
Edit: from http://www.nolo.com/legal-encyclopedia/ ... 30100.html :
Non-commercial use is often fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.
Last edited by WongoTheSane on 18 Dec 2015, edited 1 time in total.
- JiggeryPokery
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sinnerfire wrote:I saw this today in the shop and was wondering if its legal to use famous quotes to sell your products?
https://shop.propellerheads.se/product/ ... mmentator/
Eh?
What's being sold there?
It's an affectionate parody, and I do attribute the quote at the bottom.
Last edited by JiggeryPokery on 18 Dec 2015, edited 2 times in total.
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The writer is Arthur C. Clarke, who died in 2008 (and if I remember correctly, they had joint writing credit with Kubrick, who died in 99). And the work is "2OO1: the space odyssey", not an obscure pamphlet by any means.JNeffLind wrote:I'd imagine the answer hinges on the question of public domain. If the original writer has been dead a hundred years, it's fair game.
It is, though the bigger ones are really a great addition. But i'm still using yours too...selig wrote:Something looks oddly familiar........
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- JiggeryPokery
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He was referring to Peff, who I've just discovered coincidentally also refers to 2001 in his video for Spacre. So at least we can chalk it down to great minds thinking alike .mcatalao wrote:It is, though the bigger ones are really a great addition. But i'm still using yours too...selig wrote:Something looks oddly familiar........
I actually offered selig the original design of "Commentator" for his ReMark, but he rejected it.
edit- crikey, that was May 2013!
"Merry Christmas" is also a famous quote, I don't see anyone getting sued.
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Jesus doesn't sue.Noise wrote:"Merry Christmas" is also a famous quote, I don't see anyone getting sued.
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I dont unterstand why people actually Think about this stuff. But I think thats just my opinion and point of view.
Anyway. Thx to Jiggery-pokery for this great helpfull Additions to the rack.
Anyway. Thx to Jiggery-pokery for this great helpfull Additions to the rack.
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minimal techno - deep minimal dubstep - drum 'n' bass/neurofunk - brostep/deathstep - band recording
New Release: https://open.spotify.com/track/5mQ1XEQtZcVeFVfZvcS5kw
- sinnerfire
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Actually i thought it was a good idea but i wanted to know if it was legal is all, even though your product is free, you dont have written permission from whoever manages Arthur C Clarks affairs.JiggeryPokery wrote:sinnerfire wrote:I saw this today in the shop and was wondering if its legal to use famous quotes to sell your products?
https://shop.propellerheads.se/product/ ... mmentator/
Eh?
What's being sold there?
It's an affectionate parody, and I do attribute the quote at the bottom.
When i saw the quote from "2001 a space odyssey" in the description of your excellent Re, i thought it would be a good idea to copy your idea and search for some famous quotes myself, i have some new free products that i will be releasing soon on my website, anyway, while i was searching, it suddenly hit me that it cant be legal, to be clear, if i quoted something from a public speech by say Winston Churchill, im sure i could get away with it but a quote taken from a well known book by an author who has only recently died, seems to me a bit shady.
Anyway, thanks for your excellent Re and im sorry if my question upset anyone.
Cheers.
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It's full of Stars etc isn't trademarked or the like so usage is fine. If he'd used TaylorSwiftIsACorporateHo that might have been different. I am a keen bird spotter and tried writing "disappointed not to see a twat of Swift's" ... twat being the collective term for a group of swifts... and all hell broke loose. hic.
- sinnerfire
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Tincture wrote:It's full of Stars etc isn't trademarked or the like so usage is fine.
I was under the impression that if own the rights to said product, then everything contained inside the book is automatically included in the copyright.
"2001 a Space Odyssey" is a sci fi series created by Arthur C Clark right, one of the best selling book series since the Bible lol
Just like a Refill or a can of Coke, you can't through away the packet and sell the contents under a different name, even if the product is free.
I hope im wrong because i have some great quotes that im dieing to use on my website
https://drumandbassasylum.com/ Free Samples + Presets for Reason.
- sinnerfire
- Posts: 184
- Joined: 16 Jan 2015
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sinnerfire wrote:Tincture wrote:It's full of Stars etc isn't trademarked or the like so usage is fine.
I was under the impression that if own the rights to said product, then everything contained inside the book is automatically included in the copyright.
"2001 a Space Odyssey" is a sci fi series created by Arthur C Clark right, one of the best selling book series since the Bible lol
Just like a Refill or a can of Coke, you can't throw away the packet and sell the contents under a different name, even if the product is free.
I hope im wrong because i have some great quotes that im dieing to use on my website
Last edited by sinnerfire on 23 Dec 2015, edited 1 time in total.
https://drumandbassasylum.com/ Free Samples + Presets for Reason.
I'm guessing it would depend how much was quoted? I only know that for small amounts of text... Trade marks are usually sought.
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