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Question about using a painting in a story

  • 07-11-2013 4:01pm
    #1
    Cat78
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hello,
    I have a strange question I don't know if anyone can answer. I was wondering if there would be any problems describing a known painting by a living artist in a story of mine. Are there any restrictions on this type of thing like copyright or would permission have to be granted?
    Sorry if it seems like a silly question but I've no idea!
    Thanks


Comments

  • #2
    EileenG
    Registered Users, Registered Users 2 Posts: 5,775 ✭✭✭EileenG


    No, copyright applies to words used, not an idea or intent. You can describe away. The only time it might be an issue is if you were describing an idea that could be developed. I believe there were a few scientific breakthroughs that couldn't be patented because they had already been described in SF stories. But that doesn't apply to paintings.


  • #3
    Cat78
    Registered Users, Registered Users 2 Posts: 2 ✭Cat78


    Hi Eileen,
    Thanks a million for that, very helpful!


  • #4
    ciaranmac
    Registered Users, Registered Users 2 Posts: 495 ✭✭ciaranmac


    A sort-of related question... I'm writing a fantasy novel and I hit on the idea of using words out of context to represent a language barrier where the same spelling might mean different things in different countries. E.g. "teach" in Irish is a house, but in English the same five letters mean to impart knowledge. Or like French where a word with the same Greek or Latin elements might have a different meaning to an English word.

    In the novel I might use "disgrace" to mean a curtsey, or "descendant" to mean someone who's come down in the world. I thought of using "stratocaster" as an official title for a monarch. OFC it's a trademark for a guitar. Would this land me in trouble if I'm lucky enough to have the novel published?


  • #5
    EileenG
    Registered Users, Registered Users 2 Posts: 5,775 ✭✭✭EileenG


    It's a reach, but it might. An American publisher I've written for has a long list of trademarks which you must be careful when using. Basically, use them in context and not in an abusive way.

    However, I have a few reservations about using words in a different way. The trouble is that the reader is used to using the word in the normal context and will read the sentence with "teach" used as a way of importing knowledge, then have to go back and reread it as house when it doesn't make sense like that. Every time you cause the reader to stumble and reread, it's another opportunity for her to decide to go and watch Big Bang instead.

    I suggest limiting the number of non-standard words you use to things which stand out as being impossible on present-day earth.


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