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» Hatrack River Writers Workshop » Forums » Open Discussions About Writing » Art in Stories

   
Author Topic: Art in Stories
EVOC
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Does anyone know the rules on this? Is it okay to mention artworks by name in a story. Or is there some kind of copyright issue with this?

I am fairly sure I am good. I am not displaying it. It is mentioned in the text of my novel. If is matters the artwork is "The Son of Man" by René Magritte

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Merlion-Emrys
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I'm pretty sure this isn't an issue and especially if its an old piece, there'd be even less chance of problems.
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Pyre Dynasty
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First off I think He/She (you never can tell with René) would be happy to see it mentioned. Secondly I'd say it would count as a review which falls well within Fair Use.
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genevive42
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Not an issue. Consider it public domain or common/fair use.
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Robert Nowall
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Since Magritte died in 1967, I wouldn't assume his work was in public domain...if you're talking about it rather than using it, you're probably on safe ground.

(The 1999 version of The Thomas Crown Affair used the picture, but I don't know what arrangements they made with the estate, if any. (Info cribbed from Wikipedia.))

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extrinsic
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Titles don't enjoy copyright protection. They can't be patented either. They might be eligible for trademark in special circumstances.

"Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others."

"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark (U.S. Copyright Office).

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