Re: Copywrite question
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by M Arthur Auslander on April 12, 2002 at 00:42:06:
In Reply to: Copywrite question posted by Chris Davis on April 11, 2002 at 22:29:39:
: I want to know how far a copyright will cover a character of a fantasy novel.
: A group of friends are using "fictional characters" out of Novels in a play by e-mail role-playing game.
: But they are being told that since the book it self is under copy write that they are not allowed to use these fictional characters in their own privet game.
: This all started due to the fact they had a GEOCITIES page up with the members list and some unknown party saw the "character names" and took offensive.
: The author of the Novels is against her books being used as a basis of a role playing game but has not said one way or another how he feels about the use of his characters being used in a privet game group.
: I know its is a bit odd, bit the players want to know if they have a rite to use these fictional characters under a parity of the original for their own personal use.
: any information or opinions would be helpful. Feel free to email me
Dear Chris Davis,
This issue is very complex. There has been litigation with regard to Gone With The Wind. I have not studied it. My recollection is that a book was publisihed, "The Wind Done Gone", using charaters from the original book. My recollection is that there was no stopping the new book because there was no infringment from the original work by use of the characters.
There might be questions of the secondary meaning of the names of the characters.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
Old Copyright Forum