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   Author  Topic: Do I need permission?  (Read 1692 times)
paradyforprofit
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Do I need permission?
« on: Oct 20th, 2006, 8:56pm »
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If I write a humorous ebook/newsletter from a fan's perspective about the season of a professional sports franchise, but use altered or ficticious names for the characters and the franchise will I still need permission from the league in order to publish and sell?  Thanks ahead of time for any replies.
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JSonnabend
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Re: Do I need permission?
« Reply #1 on: Oct 23rd, 2006, 11:15am »
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If I understand your question correctly, not only would permission not be necessary to use fictitious names, it likely wouldn't be necessary to use the real names, either.
 
- Jeff
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SonnabendLaw
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paradyforprofit
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Re: Do I need permission?
« Reply #2 on: Oct 23rd, 2006, 5:25pm »
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Thank you again for your reply.  The ebook/newsletter will be a time period parody of each game using the players names and their ficiticious titles.  So you are thinking that I would not need permission from either the league or the individual players because it IS parody and consequently an original work, correct?
 
Do I need to refrain from marketing it with the actual name of the sports franchise it is parodying or can I do that without infringing trademark rights etc.?  And thanks again.
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Isaac
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Re: Do I need permission?
« Reply #3 on: Oct 23rd, 2006, 6:03pm »
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on Oct 23rd, 2006, 5:25pm, paradyforprofit wrote:
Thank you again for your reply.  The ebook/newsletter will be a time period parody of each game using the players names and their ficiticious titles.  So you are thinking that I would not need permission from either the league or the individual players because it IS parody and consequently an original work, correct?

 
I would disagree with this analysis which does not appear to reflect Jeff's position in any event.   Copyright law isn't much of an issue here.  One issue would be publicity rights.   To the extent you are reporting on actual events you don't need permission.   The further you get away from reporting, the more likely it would be that you are encroaching on the rights of the players, their teams or the league IMO.
 
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Isaac
paradyforprofit
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Re: Do I need permission?
« Reply #4 on: Oct 23rd, 2006, 7:01pm »
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Okay. This will be a retelling of game events albeit in a farcical and barbed way, and will be slanted toward the fans of a particular team.  I have been to the league and team sites looking for a hyperlink to contact for permission, but I get either a busy signal by telephone or no actual email link.  Any suggestions on how I can proceed?  Does anyone know how much a standard permission fee is?  And publicity rights are defined as what?  Thanks.
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