What are my legal rights if a local tour company has advertised a day trip based solely on a copyrighted book that I have written about my city?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my legal rights if a local tour company has advertised a day trip based solely on a copyrighted book that I have written about my city?
The tour will visit places related to events described in my book. I own the book copyright. In the description of the day trip, my book and my name are mentioned, but I was never contacted regarding the tour or the use of my name and book in the tour description. The tour company is charging $99 per person for the tour. Should the company have requested my permission to use my research for their tour, as well as my consent to mention my the name of my book and my name in their advertisement for the tour?
Asked on January 14, 2016 under Business Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Copyright doesn't provide as much protection as you think it does. It prevents them from using your actual copyrighted sentences, descriptions, writing, etc.--but it doesn't protect your name, the name of your book, or the "researach" (i.e. the basic information) behind the book. To use an example: I am now reading "The Finest Hour" by Tougias and Sherman, the story of a famous Coast Guard rescue (and the basis for the pending movie). I could create and advertise a tour to see the Coast Guard boat and station involved in the rescue (even though I only learned about it through the book) and could market it as "see the facilities and vessels involved in the rescue from 'The Finest Hour' by Tougias and Sherman'" and that would be legal. What I could not do would be to reproduce any paragraphs from the book for my marketing materials--that would violate copyright, since copyright protects a given creative work, not the underlying names, events, and facts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.