Is this copyright or trademark infringement?

verbatim
Ayudame. asked:

My many favorites and the band name of band one of band one of band the like will however queenadreena doesnt have too much fame in case you forgot the like will however queenadreena is the question would it be.

4 Comments

  • By needanid_99, April 24, 2008 @ 12:02 pm

    I don’t believe so as long as they are portrayed as the “real band” and not a fictional band that you just made up with the same name.

    I suggest you add a couple of details such as where there from or a song to tie them. The bands name is just that, a name.

  • By Roland J, April 26, 2008 @ 7:52 am

    To be on the safe side I would just change the name. But I think you are fine.

    RJ

  • By Persiphone_Hellecat, April 28, 2008 @ 1:37 am

    You are perfectly within your rights to use the names of public figures – just watch how you portray them – that is where you can run into legal trouble. Also, you may not quote lyrics of their songs without permission of ASCAP or BMI – which is terribly expensive and difficult to get. Pax – C.

  • By kalokagathia, April 28, 2008 @ 1:37 pm

    it would be neither copyright or trademark infringement – the closest you could come to any legal problem would be libel – but seeing as you are writing a fictional novel, you should be fine. Libel is when you write something defamatory you know to be untrue about someone else – and it has the effect of harming their reputation – this is tough to do when it comes to public figures (particularly when you are clearly using the name in the context of a novel – as opposed to say, a newspaper article) – with what you are talking about – you don’t need to worry, you are well within your rights to reference this band by name in your novel.

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