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I'm making a book of art pictures, but some of the drawings are just different productions that I made up. I'm talking about something like this:
http://blink-productions.deviantart....-logo-92829361
But the ones in my book are completely made up, such as Glass Eye Productions. And it has a drawing of a glass eye with the words next to it. But now I'm wondering if some person out there actually has a "Glass Eye Production", will I be infringing on his?
Your question seems to turn on trademark, not copyright law.
Is your question whether somebody can assert a copyright to a single word, such as "productions", and prevent others from using that word? No. Similarly the word "productions" is too generic to trademark as a single word.
Not the single word "production", but like if someone made a movie called Incredible Johnny Smith. And in the beginning of the movie, it said "Incredible Johnny Smith - A Flaming Pillow Production." Could they claim "Flaming Pillow Production" as their own, so nobody else could it?
If they filed for trademark protection, yes.Quote:
Could they claim "Flaming Pillow Production" as their own, so nobody else could it?
Ok, so I guess I should take those made up productions out of my book, just in case someone actually has one trademarked.
Ok, just one more question, what if I make mine so they're not productions, but "creations". I change for example the "glass eye productions", to "glass eye creations". People can't make "blah blah creations" trademarked, can they?
Sure they can. All they need to do is use it in business interactions, show that they do so, file the necessary paperwork and pay the fees. You can read about the process here.Quote:
People can't make "blah blah creations" trademarked, can they?
If you're concerned that your taglines might belong to someone else, look 'em up in TESS.
Oh, that's a handy site. Just one more question, if I search for the one I'm using and it says nobody has it trademarked, can I use it in my book without trademarking it?
Yup. You don't have to trademark it to use it, but you need to make sure no one else has done so.
If at some point you end up selling your art under "Captain Whifflepants Productions" or whatever whimsical name you choose to use, you might want to look into trademark registration, though.
Yahoo, thanks for all the help.