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Frequently Asked Questions
Questions in Copyrights & Trademarks
Can I use trademark names (ex: McDonald's, Hershey) in my manuscript?
What is a "copyright?"
If copyright is automatic, then why do people register for copyright?
Will iUniverse formally register the copyright for my book?
What is "Fair-Use" policy?
Am I liable if my book contains defamatory statements or infringes on another person's copyrighted work?
Can others quote statements from my book without my permission?
Can I use trademark names (ex: McDonald's, Hershey) in my manuscript?
Generally, the use by an author of a trademarked name in a fictional work to describe or identify particular goods or services, such as "driving in my Ford," "eating a Hershey bar," "playing with my Beanie Baby" will not be considered an infringement as long as the use does not confuse the reader with respect to who actually owns the trademark. Trademark law also permits an author of a nonfiction work to include content that is favorable and/or critical of a trademark owner's product or services. In this type of work the author should only use the trademark to describe or identify the trademark owner's product or service and should be careful not to confuse the reader as to the actual provider of the trademark owner's products or services.
—The Publishing Law Center
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What is a "copyright?"
"Copyright" is a form of protection given to authors or creators of “original works of authorship," including literary, dramatic, musical, artistic and other intellectual works. Copyright law is grounded in the U.S. Constitution and is embodied in federal laws enacted by Congress. Copyright gives you, an author, the sole right to make copies of your work, distribute copies of your work, perform your work publicly or make derivative works (like adaptations or excerpts.)
Your work is immediately and automatically copyrighted as soon as you “fix it in a tangible form”. That tangible form might be a printed manuscript, but computer disks (or even your computer hard drive) would also be considered tangible forms.
Although every book has a copyright notice (in the front matter of the book), this hasn’t been required under U.S. law since March 1, 1989. However, the copyright notice is still useful because it identifies the copyright holder and shows the year that the book was first sold to the public.
The information presented here is adapted from http://www.copyrightkids.org/cbasicsframes.htm. To learn more about copyright, iUniverse recommends that you visit this site.
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If copyright is automatic, then why do people register for copyright?
Registering copyright with the U.S. Copyright Office creates a public record of the basic information of a book. A formal registration is necessary in order to file and bring any copyright infringement lawsuit to court. And, if copyright is registered within three months of the initial sale of the book and/or before an actual infringement, the author can receive Statutory Damages if he or she sues for copyright infringement and wins.
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Will iUniverse formally register the copyright for my book?
Yes. If you select U.S. Copyright Registration service, iUniverse will complete the necessary paperwork and submit it, along with two required copies of your book, to the U.S. Copyright Office. Once registration is complete, you will receive an official certificate that verifies your book’s coverage under U.S. copyright regulations. We suggest that you apply for copyright at the time you send us your submission or as soon as your book is published.
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What is "Fair-Use" policy?
"Fair use" is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you have the freedom to quote a portion of the novelist's work without asking permission. (Absent this freedom, copyright owners could stifle any negative comments about their work.) The fair use doctrine also allows for limited reproduction of copyrighted works for educational and research purposes. For more detailed information see http://fairuse.stanford.edu.
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Am I liable if my book contains defamatory statements or infringes on another person's copyrighted work?
Yes. Paragraph 19 of the iUniverse contract states that the author asserts that he/she is empowered to enter into the agreement and has all the necessary rights to use the submitted material. Paragraph 20 states that the author shall hold harmless the publisher for any issues arising from the submitted material. By signing a contract with iUniverse, you are agreeing to these terms.
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Can others quote statements from my book without my permission?
The same "fair-use" standards that apply to other copyrighted works also apply to your book.
"Fair use" is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you have the freedom to quote a portion of the novelist's work without asking permission. (Absent this freedom, copyright owners could stifle any negative comments about their work.) The fair use doctrine also allows for limited reproduction of copyrighted works for educational and research purposes. For more detailed information see http://fairuse.stanford.edu.
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