Showing posts with label Margaret Fieland. Show all posts
Showing posts with label Margaret Fieland. Show all posts

Friday, April 26, 2013

Dealing with Tragedy

Boston Marathon Finish Line.1910. Author: Unknown.
Boston Marathon Finish Line.1910. Author: Unknown. (Photo credit: Wikipedia)


I am a resident of Boston, MA, and have been since just after the blizzard of 1976. The recent, tragic, bombing at the Boston Marathon this past Monday reminds us all of the fragility of life.

It takes some time to process an incident like this, and I am still sorting things out.  I'll probably end up writing about it, since that's one of the ways I deal with grief.

Many years ago, a friend lost his wife and all four of his children in a house fire. He had been working on some renovations. Something caught fire during the night, and he alone survived.

I fell into fiction writing around 2005. Before that I'd only written poetry. The first few stories I wrote were for children, in part because I could make them shorter. Length intimidated me, especially as I tend to be terse. In any case, a few months after I started writing fiction, I sat down and wrote a 5000 word story about a boy who loses his mother in a house fire. Several years, many revisions, online classes, a writing partner, and the ICL course in writing for children, I had a publishable manuscript, The Angry Little Boy, which will be published by 4RV later this year.

The book was my way of coping with my friend's loss. While the boy in my book loses his mother, he and his father come through. We all pray the victims of Monday's bombing will do the same.
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Friday, March 22, 2013

Name that Tune

I stumbled into fiction writing without much background, and thus had a lot to learn. One of those things was use of brand names, quoting song lyrics, and the like.

I was working on my first long work of fiction, and passed it by my writing partner.

"You might want to remove the mention of Kleenex, by the way," she said. "It's a trademark, and you could get into trouble."

"But all my main character does is blow his nose," I protested.

"Sure, but why take a chance? In my opinion, he could just as well use a generic tissue."

Would I have gotten into trouble? Most likely not, as I didn't say anything negative about the Kleenex that could have resulted in loss of sales.

Names and titles can't be copyrighted, but brands can be trademarked, and trademarks are also protected by fair use. Copyright and fair use is a complicated subject, and any particular use requires careful analysis. Fair use is judged relative to four factors: purpose and character of the use, the nature of the material being quotes, the amount used, and  the effect on the market.  Small amounts of material and non-commercial use are less likely to be challenged.

So a mere mention of a product, song, or other trademarked or copyrighted material is most likely okay, but if my character chokes on Spaghetti-Os and dies, I might want to switch to a home-made meatball.  Mentioning the name of a song would, again, most likely be all right, but quoting the lyrics without obtaining permission could get me in legal hot water.

What is fair game? Works in the public domain,  titles and short phrases,  facts, theories, ideas. US Government work. Anything published in the United States before 1923 is in the public domain. Anything where the copyright has expired or wasn't registered properly.

Kleenex is a trademark, which is why my writing partner pointed it out.  If you have any doubt as to whether something is protected, the  Patent and Trademark Office website will allow you to search for copyrights and trademarks.  The public domain music site will turn up many more recent tunes in the public domain.

If you're a writer, be aware and take care.


Margaret Fieland is one of the poetic muselings. Their anthology, Lifelines, was published in Nov, 2011. You can find her on the web at http://www.margaretfieland.com/ or at http://poetic-muselings.net/






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