In this episode, I talk with copyright and intellectual property attorney and novelist Brad Frazer. We cover his professional journey (which is fascinating!), the basics of copyright and intellectual property for writers, what constitutes “fair use” and when to attribute a source, and at what point an author needs to retain an attorney for their book. There are so many gems in this episode, and a big one is this: copyright is a noun not a verb. Curious to learn more? Listen in!
Links from this episode:
- Brad’s novel: The Cure: A Thriller
- Learn more about Brad and take him up on his generous off for a free consult on your copyright or intellectual property needs: https://hawleytroxell.com/people/bradlee-r-frazer/.
Connect with me at www.stacyennis.com. Follow me on Instagram @stacyennis and on Facebook @stacyenniscreative.
To submit a question, email hello@stacyennis.com, message me on Instagram @stacyennis, or visit https://stacyennis.com/contactand fill out the form on the page.
Hello, and thanks for this great article. I have a question about the public domain and possible copyright issues. I am writing an adaptation based on Bram Stoker’s Dracula, using character names from his novel, but changing their roles and personalities. In Stoker’s book, Dr. Seward’s asylum was an important part of the novel. I have included this place in my own work, however, instead of Dr. Seward, it is run by a character I have made up, who is Mina Murray’s father (he does not exist in the original novel). What I am concerned about is that in the Dracula films from 1931 and 1979 the asylum is run by a version of Dr. Seward who is the father of Mina ( in 1979, her name is switched to Lucy, but she is still essentially the same character). Nothing in my work mimics these movies, not dialogue, plot, or storyline, besides plot points and quotes taken directly from Bram Stoker’s original novel. My character is named Dr. Murray, but still, is just the fact that the asylum is run by Mina’s father enough to make Universal Studios sue me? In 2027 the Dracula film from 1931 will enter public domain, and supposedly I can reproduce, distribute, modify, and create derivative works based on this film. It is essential to my overall plot that Mina’s father runs the asylum; it’s not something that can be changed. But I certainly don’t want to infringe on copyright or make Universal mad. If you could give me your opinion on this I would deeply grateful.
Thanks for your comment and for listening, Elizabeth! I can’t advise on legal matters, so I suggest reaching out to an attorney.