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Subject:
Use of Character Names in Books.
Category: Reference, Education and News Asked by: asianmonkey-ga List Price: $20.00 |
Posted:
23 Aug 2004 17:00 PDT
Expires: 22 Sep 2004 17:00 PDT Question ID: 391587 |
If I want to write a book and reference a Disney Character or Fairy Tale Character- do I have to seek permission or pay a fee? For example, if I were to refer to Sleeping Beauty- i.e. "You don't have to be like Sleeping Beauty...don't wait..blah, blah, blah, or, "We can all learn something from Little Red Riding Hood"...etc. etc. do I have to contact someone? |
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There is no answer at this time. |
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Subject:
Re: Use of Character Names in Books.
From: scriptor-ga on 23 Aug 2004 17:29 PDT |
Just what I think: Characters from traditional fairy tales certainly are in the public domain. The fact that Disney once used them does not make them Disney's property, as far as I can tell. Disney can only claim rights in characters created by them (such as Mickey Mouse) or their specific artistic depiction of a traditional character. But of course someone among my colleagues with better knowledge in this field would surely be able to provide a definitive, well-supported answer. Scriptor |
Subject:
Re: Use of Character Names in Books.
From: ipfan-ga on 23 Aug 2004 19:08 PDT |
Scriptor is exactly right. Classic fairy tales are all well within the public domain and you are free to use those public domain elements and characters. Where you get into trouble is if you attempt to use elements that have been appropriated by Disney as their own and to which they may claim copyright. For example, while they cannot stop you from using a character named Snow White or even retelling the classic story of her and her seven diminutive friends (can you name all seven?), if you illustrated your book with images that look like you copied them from the Disney movie, that would likely be copyright infringement. You see, Disney (or anyone for that matter) can take public domain elements and add their own unique layers of creative expression and create a copyrightable work. So you can certainly tell the story of Snow White and even tell how she lives with seven dwarfs (Happy, Sneezy, Grumpy, Dopey, Bashful, Sleepy and Doc) (as long as this story IS in the public domain--did it originate with Disney?--can't remember . . .), but just don't use specific elements that have that unique Disney stamp of authorship and you should be OK. |
Subject:
Re: Use of Character Names in Books.
From: athenawiles-ga on 23 Aug 2004 21:53 PDT |
yup, scriptor and ipfan pretty much got it right in their comments. Fairy tale characters are generally OK, but you can't use Mickey Mouse without Disney's permission. The only thing they didn't mention is that many of the characters that appear in the Disney fairytale movies first appeared in the Brother Grimm fairy tales... which are, by now, definitely out of copyright (here's a list, with links to the full texts of the stories: http://www-2.cs.cmu.edu/~spok/grimmtmp/). As Ipfan pointed out, you just have to be aware that Disney changed certain parts of the stories before making the movies, and you should make sure (before referencing specific events within a story) that you know what really belongs in the original story and what Disney added (for example, in the original version of the story, Sleeping Beauty does not go off and live with the three fairies in the woods; the dwarves are not named in the orignal version of Snow White). The parts Disney changed are property of Disney and you might get in trouble for referencing those. Otherwise, good luck with your book! |
Subject:
Re: Use of Character Names in Books.
From: onlylucy-ga on 31 Aug 2004 14:29 PDT |
If you have doubts you should use a Clearance service... They will vet your book and tell you what you can and can't use. Don't know where you are located but I am sure you can search for one near you. Usually, you can email them your work and they will go through it all, for a fee, of course and provide you with a full report. |
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