I am writing an ebook, which mentions a popular book/movie's name--is that copyright infringement?

You have a 1st Amendment right to comment on and parody public figures and other works. You also have the right to compare your goods and services with those of others. What you can't do is trade on the works of others by copying more of them than you need to refer to them, or confuse consumers as to the source of your goods or services, or unfairly compete with them by using their works to market your own.

These claims are usually very fact specific and can't be evaluated by applying general rules --they have to be analyzed on a case-by-vase, use-by-use basis. Please see my answer to your other question. You need to consult with an IP lawyer to make sure you're not violating the rights of others and exposing yourself to a claim from another rightsholder.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Copyright Infringement

The mere mention of a movie’s name, no matter how popular, is not infringement. Additionally copyright law only protects the expression of the work, not the ideas or information contained in the work. So, not only may you mention the name of the work, you are free to discuss any of the ideas, or the subject matter of the movie. For example if the movie’s topic was global warming, you are free to discuss the merits of the arguments presented in the movie.

Additionally, there is the fair use defense provided for in the Copyright Act of 1976 codified in 17 U.S.C. §107. Under the statute copying is fair use “for the purposes such as criticism, comment, news reporting, teaching, scholarship, or research.” So make a list of “my favorite movies”, for example, the mere mention of the movie titles would not be infringement because you are not copying the movies. Moreover, you are free to include your favorite quotes from each of those movies and be protected under the fair use statute. Thus you are free to criticize the movie/book.

Defamation

Defamation (which includes slander and liable) turns on the truth or falsity. Why? The truth is a complete defense to defamation. So if your statements are true, you can escape liability. Remember, although you may have a complete defense, you still have to pay for it! I mean that you will have to hire a lawyer and go to court to assert your defense.


I hope this helps.

Regards,

Paul Dalley

Copyright Infringement

The mere mention of a movie’s name, no matter how popular, is not infringement. Additionally copyright law only protects the expression of the work, not the ideas or information contained in the work. So, not only may you mention the name of the work, you are free to discuss any of the ideas, or the subject matter of the movie. For example if the movie’s topic was global warming, you are free to discuss the merits of the arguments presented in the movie.

Additionally, there is the fair use defense provided for in the Copyright Act of 1976 codified in 17 U.S.C. §107. Under the statute copying is fair use “for the purposes such as criticism, comment, news reporting, teaching, scholarship, or research.” So make a list of “my favorite movies”, for example, the mere mention of the movie titles would not be infringement because you are not copying the movies. Moreover, you are free to include your favorite quotes from each of those movies and be protected under the fair use statute. Thus you are free to criticize the movie/book.

Defamation

Defamation (which includes slander and liable) turns on the truth or falsity. Why? The truth is a complete defense to defamation. So if your statements are true, you can escape liability. Remember, although you may have a complete defense, you still have to pay for it! I mean that you will have to hire a lawyer and go to court to assert your defense.


I hope this helps.

Regards,

Paul Dalley

The information contained herein is information and not legal advice.