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Permlink Replies: 7 - Pages: 1 - Last Post: Oct 6, 2017 3:34 AM Last Post By: chris
Jason Kern

Posts: 4
Registered: 10/05/17
Questions on copyrights.
Posted: Oct 5, 2017 8:45 AM
 
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In my book titled "Daytona: Race For Your Life" I use a very wide variety of real cars and manufacturers. In case you're wondering what the story is about, here's a short summary:

When A’darrion Howard, a 20-year-old African-American street racer visiting in Daytona, gets into some trouble with the leader of the Red Seals, an underground street racing gang, he’s forced to race against five of the toughest members of the gang. And if he wins those races, A’darrion must race the leader once again, and losing any of the races could cost him his life.

In the book, A'darrion (the main character) drives a 2011 Nissan GT-R. I read that stating negative things about a product (such as "this product will most definitely kill you") will cause copyright issues with the company. I state in the 4th chapter that A'darrion's transmission is fried after using the GT-R's "launch control" so much after 6 years of owning it, and he has to buy a replacement from the nearby NAPA. Would this count as stating negative things about the product, and will using NAPA's name cause issues?

Also, A'darrion's "trainer" owns several cars. This is the passage that states most of the cars the trainer owns:

Each car was organized by manufacturer. The BMW M4 GTS he had raced the was beside a Z4 GT3. He had a Volkswagen Golf GTI, and even a classic 1995 Chevrolet Lumina #41 Nascar that looked like the player car from the 1996 Daytona USA arcade game. A’darrion soon found the Miura parked next to a 1965 Countach and a 1965 350 GT.

Is it safe to talk about all these cars (including the antagonist's two Porsches) without asking? I also have a question about the Lumina. Since I reference to Daytona USA (an old arcade game from Sega AM2) but only talk about the player car (#41 Hornet High Class), would that be all right?
Edmund Fen

Posts: 16
Registered: 10/05/17
Re: Questions on copyrights.
Posted: Oct 5, 2017 8:54 AM   in response to: Jason Kern in response to: Jason Kern
 
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You can't copyright a car, obviously.

Libelous writing, that's something altogether different. Car companies have deep pockets and innumerable lawyers.
Jason Kern

Posts: 4
Registered: 10/05/17
Re: Questions on copyrights.
Posted: Oct 5, 2017 9:03 AM   in response to: Edmund Fen in response to: Edmund Fen
 
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Okay, would the same go for the Daytona USA reference?
cdalebrittain

Posts: 10,966
Registered: 03/05/11
Re: Questions on copyrights.
Posted: Oct 5, 2017 9:04 AM   in response to: Jason Kern in response to: Jason Kern
 
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I'm not a lawyer. But just referencing real cars, and problems that real cars may get into after years of hard driving, doesn't strike me as problematic.

I'd be more worried about the video game trademark than the cars.
Jason Kern

Posts: 4
Registered: 10/05/17
Re: Questions on copyrights.
Posted: Oct 5, 2017 9:20 AM   in response to: cdalebrittain in response to: cdalebrittain
 
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So I should remove the Lumina?
Edmund Fen

Posts: 16
Registered: 10/05/17
Re: Questions on copyrights.
Posted: Oct 5, 2017 9:28 AM   in response to: Jason Kern in response to: Jason Kern
 
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If you're writing racing fiction based in the real world, then write your story. If you're writing fanfic about some silly video game, then secure permission first.
Jason Kern

Posts: 4
Registered: 10/05/17
Re: Questions on copyrights.
Posted: Oct 5, 2017 9:37 AM   in response to: Edmund Fen in response to: Edmund Fen
 
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It's not a fanfiction. The story does take place in the real world, I was just referencing a game called "Daytona USA".
chris

Posts: 18
Registered: 09/26/14
Re: Questions on copyrights.
Posted: Oct 6, 2017 3:34 AM   in response to: Jason Kern in response to: Jason Kern
 
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If you're in doubt, just make up a fictional name for a game that's similar in style.
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