Answerer
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You'd have to go check the copyright office in washington D.C. I believe they charge to have you search the archives but that'd be the sure way to know. |
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Heroic Zach
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Terms and phrases cannot be copyrighted. Terms and phrases are trademarked. To check and see if a phrase is copyrighted, you can go to www.uspto.gov and use the TESS. However, the TESS can never really be considered 100% accurate, so they only true way to know is if you try to trademark the word or phrase yourself, or contact the USPTO with an inquiry (I'm sure that costs something) |
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shehawke
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If Dragula is an actual name, like Drakula, then it can't be copywritten. Check out a name dictionary before you go to alot of copyright research. |
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mlgarl
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have you checked with the studio munsters worked for also you could always change 1 letter |
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auntb93again
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A single word cannot be copyrighted. It can be a trademark, but that's different. If you are not using it as a trademark yourself, I can't see what the problem is.
On all these "infringement" questions, common sense and your own experience must rule the day. Haven't you seen words and phrases, names even, that are used in normal newspapers, magazine articles, and books? People say things like "I'll go get a Coke." If it was illegal to use a trademarked name in that way, we'd never be able to say anything!
The basic rule in copyright is that if the ideas are, to your conscious mind, original to you, go ahead and use them. If you purposely quote someone else, put it in quote marks and attribute it. But if you just happen to choose the same words someone else in the past has used, that would not be an infringement. However, if your entire chapter (or even a significant part of it) is word-for-word the same as someone else's, you're going to have trouble convincing a jury that you did not copy.
Mama always said if you are honest, you don't have to worry about being sued. That's something of an exaggeration in this modern litigious age, but it's about as good as we've got. At least you don't have to worry about winning if you are sued! |
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redunicorn
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You can trademark a word, but you can't copyright it.
Copyrighted works can take on a variety of forms. Literary works, musical works, and dramatic works are included. Most digital media, including email, music, webpages, and graphics are also protected by copyright. Effectively, one should assume that anything someone creates and puts into a tangible form is copyrighted.
Trust me, I am a librarian.
There are also many items which cannot be copyrighted. For example, ideas and unrecorded choreographic works cannot be copyrighted. For a list of things that do not fall under copyright law, click here. |
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answerman288
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YOU do the same as a patent search but for copyrights |
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Mr. Wizard
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The tip off the word or phrase itself is legally protected by copyright is to look in any other public articles, for the word "Dragula", followed by a small circle with the letter "c" in it or a specific artwork design of the word, followed by a small all caps "TM" beside it.
Doubts exist the word "Dragula" is copyright protected. "The actual phrase "I'll be back" (foreign accent spoken publicly) is allegedly protected by copyright by John Cameron, creator of the film "The Terminator".
However, spoken in any other tone/accent, goes around the protection clauses of the phrase itself. Now do you get the direction this example is going???? |
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rrineeed
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your best bet would be to get on the internet and check ot a government website. |
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brand_new_monkey
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In the USA, once a work is published (story, song, play, etc.), it is automatically copywritten, even if the author did not register it with the government copyright office.
The word Dragula was published several times (in the show, the play and in a song) and in all times is was connected to the original show. I would think that it is copywritten.
You might be able to get the rights to use the word (sometimes if costs nothing) from the author or the person holding the copyrights. |
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Amiraan
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As I know, It should be written on it. |
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lockerridge
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I believe that if it was used in the show it would be protected under the copyright of the show The Munsters.
It is a specific word used in a specific way on the show and I wouldn't use it unless I asked permission.
But what you can do is change it a little bit and it will be your word then. All you have to do to make a product different enough to market it as your product is a change of 10 percent.
So instead of it being Dragula spell it Draguala or something like that.
But I sure wouldn't put it in print without asking permission of the The Munsters owners or you might face a lawsuit. Better a little different and yours as a copy and theirs anyway don't you think? |
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Stansky
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If somebody sues you, what you used probably is copyright protected! |
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operajester
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When it has a small c in a bubble next to it. If it doesn't try to look it up on google. |
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Satan
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ask it |
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don67gto1
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if it has a copywrite symbol(the letter c eith a circle around it) or trademark symbol(TM) next to it then it most likley is protected |
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bmwdriver11
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If someone has already written it, its copyrighted. No special process needs to be followed, copyrights apply automatically. Trademarks and patents you have to go through a formal process to get, but not Copyrights. |
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aurobindoghosh2001
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Hey, you don't have to sweat. Just don't tell anybody about it. Oh no !!!!! What have you done !! You shouldn't have placed this question at the first place. Now everybody will get the idea about what you are up to and even if you do write something of your own, people will say ,"you copied it from someplace else". Simple, just keep your mouth shut. |
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jayzrod2k@ameritech.net
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search it on the enternet |
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merdenoms
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google it. Use google books! |
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sean c
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Well Rob Zombie used it in a song and title of a song.. No one owns a word unless it is a brand name. |
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♥ katie b.
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i don't think that word is copywritted. it's been used in several other things than the Munsters. Rob Zombie has a song called "Dragula" for instance. |
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Miz T
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A great question and some excellent information in the answers too.
Thanks to all the serious users of answers. |
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lawtech
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A word such as that would typically be trademarked and not copyrighted. You can check www.copyright.gov or uspto.gov and they have primers on the various laws. |
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pyro042001
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the song Dragula by rob zombie is ©ed. |
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Damun Schwule
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Dragula? Is this a transvestite vampire? Sorry, but I couldn't help that. (I'm a huge fan of the Munsters as well as the Addams Family).
Anyway, you can not copyright a phrase or term unless it refers to a particular product or service. Even then, depending on the phrase, it usually winds up as an SM and not a TM.
Hope this helps! |
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Callybabe
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All you have to do is google the word, if it comes back copyrighted, then you have to contact the entity that has the publishing rights of the name. It's a bit tedious, and it might take some time to accomplish, but you're better off doing things legit, than face legal action once their corporate lawyers catch wind of your infraction. Once you find out who has the legal rights over the name, all you have to do is make a request in writing to use the name. Sometimes they are cool about it and will allow you to use the name for free, the only thing you'll have to do is list that they have authorized it on your book credit's portion. Sometimes they will charge you a fee, but it's usually bereable. Good luck. |
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Ba Nkandu
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it is copyrighted not eeverything can be protected because there is going to be limited words and terms to use |
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♠♥Melvin♥â™
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if its copyright it will say at the bottom of the site. but you might wanna contact the site owner |
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Roadrunner58-79
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Check out any claims through the copyright laws of the US. |
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jules
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for your particular case, is there a way you can contact the producer(s) or major companies involved in the munsters? i think that would be the best bet- to look up information about the munsters and call or email the highest authorities involved. |
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