I gave my characters names that are exactly like another book. Is it a problem?

Asked by: Daniel White

Can you use names from other books?

As far as copyright goes, one cannot copyright common names. Or even sets of names.

Are character names copyrighted?

IANAL disclaimer but generally character names themselves cannot be copyrighted. They may be trademarked but only if the literary work/movie/or a related product were named after the character. So, trademark would only come into play for secondary characters in widely merchandised works.

Can you plagiarize a character?

Plagiarism is essentially taking the words of another and passing it off as one’s own. But it is not just the lifting of text. Ideas, plots, scenes, and characters can be plagiarized too.

Can fictional characters have the same name?

There are only so many words in the English language, so it’s inevitable that, of the thousands of characters in fiction, some will have the same name.

Can someone sue you for using their name in a book?

Misappropriation of the Right of Publicity

Using someone’s likeness, name, or identifying information for advertising, promotional, or commercial purposes may get you sued. Whether the person is a private individual or public figure, you would be liable for damages, including punitive damages.

Do you have to get permission to use someone’s name in a book?

The First Amendment usually wins unless the work is purely advertising, including political advertising. Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed.

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Are names in books trademarked?

Names are not copyrighted.

a copyright fully protects an entire work of authorship, i.e. a book, movie or work of art. a trademark represents a specific part of your brand or product, and is usually used for names, slogans or logos. (Source)

Are names in novels copyrighted?

Copyright law protects the unauthorised reproduction of literary and artistic works, but how copyright protects specific elements of these works, such as the characters in a story, is less clear. Invented names are not protected by copyright law because the name itself is not an original literary work.

Are fictional character names trademarked?

A fictional character, similar to a graphic character, cannot obtain trademark protection for its own protection, but may only be protected when the trademark indicates a particular source of goods and services.

Can I name a character after another character?

If you name your characters a normal name (from any culture), its fine. If you name a character something that is made up, and already taken (like Aragorn), then you might run into some issues.

Are movie characters copyrighted?

Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights. To obtain this type of protection, a creator must prove that the characters are sufficiently unique and distinctive to merit this protection.

What characters are not copyrighted?

Best Public Domain Characters

  1. Robin Hood.
  2. Zorro.
  3. Dracula.
  4. Sherlock Holmes.
  5. John Carter.
  6. Frankenstein’s Monster.
  7. Scarecrow.
  8. Dorothy Gale.

Are Harry Potter characters copyrighted?

“1 8 Rowling holds a U.S. copyright for each of the seven Harry Potter books. ‘ 9 Following the phenome- nal success of the books, Warner Brothers obtained the exclusive film rights for the entire series. 20 Six Harry Potter films have been released to date, and each of these films is subject to a copyright.

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How can I use Disney characters legally?

In order to use the characters legally, you must request permission from Disney Enterprises. Multiple corporate entities of Disney own many of the intellectual property rights of Disney characters. To learn more about which Disney entity owns the character you want to use, visit the Disney website.

Can I mention a Disney character in my book?

Fictional and cartoon characters are protected by a combination of copyright law, trademark law, and unfair competition law, and Disney has a reputation as one of the most litigious companies in the entertainment world.

Is the name Cinderella copyrighted?

Cinderella is a word which has been recognized for decades as a mark identifying an entertainment event. That use in commerce created the word Cinderella as a Trademark. Regardless of a Federal Registration, the…

Can I draw Disney characters and sell them?

The Walt Disney Company owns the rights to its characters, so you cannot sell your drawings of them. This would also mean you are violating the Walt Disney Company’s copyrights. They own the intellectual property rights to these characters. Your Disney artwork can be sold only if you have a license from Disney.

Are Disney princess names copyrighted?

Disney protects its characters with trademark and copyright registrations. A trademark protects a brand name, while a copyright protects an original work such as a movie or book. The owner of a trademark or copyright registration for a fictional character can prevent others from using the character without permission.

Is selling fan art at Convention okay?

The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.

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Is Rapunzel copyrighted?

Rapunzel, Snow White, and Cinderella.

They are now in the public domain and can be used freely. Of course, you can’t use the Disney’s retelling of the stories. If you are curious, the Brothers Grimm are also responsible for recording many other stories.

Is Mickey Mouse copyrighted?

The copyright that is set to expire is the depiction of Mickey Mouse in his original iteration of the 1928 cartoon Steamboat Willie. Unless the copyright on the character is extended, that version will enter the public domain in January 2024. However, Disney still holds copyrights on other versions of Mickey Mouse.

Is Winnie the Pooh public domain?

Winnie-the-Pooh and hundreds of other works are now in the public domain.

Is SpongeBob public domain?

Never. Viacom will never let their copyrights expire, especially on SpongeBob products. Unless Viacom and similar companies go bankrupt in the the next several decades and lose all legal power pertaining to their products, it’s unlikely that SpongeBob will ever enter public domain.