Tips and tricks

Are fictional character names copyrighted?

Are fictional 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 use the name of a fictional character?

TRADEMARK PROTECTION A fictional character’s “name” may be a trademark if the character’s name is used as a title of a book, movie or series and therefore indicates a single source of the entertainment product or service or it is used on other then entertainment goods or services.

Can you name a business after a fictional character?

You can name your business after a fictional character, if you have the trademark rights to the name, or the name is in public domain.

Can you sell artwork of characters?

You cannot sell derivative artworks made of copyrighted characters, and the only exception is if you have written permission from the copyright holder.

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Can my character visit a well-known fictional place?

Having my character visit a well-known fictional place would not be good because that’s a fictional place created by someone else, and is likely trademarked. Making that place appear in my writing may be trademark infringement.

Are movie characters protected by copyright law?

Famous franchise movie characters, like Rambo, Snake Plisskin, and RoboCop, are protected by copyright law because of the copyright in the film and script, but only to the extent of the creative expression by the author.

Can I mention people or products in my fiction?

You should definitely consult with one before mentioning people, places, products, or fictional characters (created by someone else) in your book. Can I Mention Brand Name Products in My Fiction?

Can I have my character think/talk about a specific fictional character?

I might have my character thinking/talking about a specific fictional character developed by someone else (as long as that character is NOT a character in my book itself.) BUT, this would carry somewhat of a risk because the owner of that trademarked character could sue me. Would they win?