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Copyright, Trademark & Fair Use: What Indie Authors Need to Know

Copyright, Trademark & Fair Use: What Indie Authors Need to Know

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Can your character drink a Coke? Mention a favorite movie? Name the song playing in the background? What happens if you actually quote the lyrics? And should you trademark your book title?

In this episode of The Author Next Door, Angela Haas and Cassie Newell tackle some of the copyright, trademark, and fair use questions indie authors regularly encounter while writing, publishing, and building their author businesses.

They break down the basic difference between trademarks and copyright, discuss when authors can generally reference real-world brands and entertainment in fiction, and explain why reproducing someone else’s creative work is a very different question. They also look at song titles versus lyrics, movie references and quotes, public domain, fair use, and when an author might start thinking about trademark protection for a larger series or brand.

In this episode, they discuss:

  • The difference between trademark and copyright
  • Why ideas and tropes are different from copyrighted expression
  • Referencing brands, movies, and songs in fiction
  • Why song lyrics require extra caution
  • Fair use versus public domain
  • When indie authors might consider trademark protection

Important: Angela and Cassie are authors, not attorneys. This episode provides general educational information and should not be considered legal advice. Authors with questions about a specific book, use, or business should consult a qualified attorney.

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https://theauthornextdoor.com/

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