Copyright and single words

Sep 06, 2012 22:47

I'm thinking of using the term 'magocracy' -- rule by wizards -- in an original work, but I'm having trouble figuring out whether it's under copyright. (It appears to have originated with Dungeons and Dragons, though there's also a game by that name ( Read more... )

~librarians & libraries, writing

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Comments 34

duckodeath September 7 2012, 06:03:45 UTC
It's not copyright you need to worry about, it is whether the term is trademarked.

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deeble September 7 2012, 11:22:41 UTC
Yeah, I realized that about a minute after I hit "post." Ah well. ::headdesk::

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major_clanger September 7 2012, 06:40:56 UTC
McDonald's is perhaps a bad example, because it is such a well-known brand that the burger company might assert any commercial use of it to be infringement of the 'riding on the coat-tails' variety, unless there was a defence such as "but my name is Sally McDonald". In general though, I agree - no copyright in single words and trademark use would probably not be an issue here.

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swan_tower September 7 2012, 09:56:05 UTC
I believe there was a lawsuit against a "McSleep" chain of motels for exactly that reason, yes.

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randomstasis September 7 2012, 09:57:03 UTC
"unless there was a defence such as "but my name is Sally McDonald""
lol- and maybe not then- a few years back McDonalds tried to sue the MacDonald of Clan MacDonald for infringement- in Scotland! Guess who won that one?

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ffutures September 7 2012, 06:42:50 UTC
Possibly change it to Mageocracy to be on the safe side?

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syntinen_laulu September 7 2012, 08:27:49 UTC
Besides, quite apart from any trademark/copyright issues, without the E the first syllable looks as though it should rhyme with hag and bag.

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deeble September 7 2012, 11:24:37 UTC
That is true.

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serpent_849 September 7 2012, 13:13:05 UTC
i have to admit that as a non-native speaker of English I didn't even understand the word before seeing this comment:)

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major_clanger September 7 2012, 06:43:18 UTC
Certainly English copyright law says not, as set out in Exxon v Exxon, and it sounds from what you found that US law takes the same view.

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deeble September 8 2012, 11:08:35 UTC
That's an interesting case. Thanks!

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deeble September 7 2012, 11:21:26 UTC
Thanks for the suggestion! (D&D and the game are separate, as far as I can tell.)

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