Copyrights: what can't I say?

CountVanBadger

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?
 

Conqueror_Quack

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?
I'm going to be honest I don't think stories here are that popular to be copystriked.
 

L1aei

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?

Well, I haven't been sued yet for my Star Wars or Warhammer fanfics, so... I think it depends on how popular it becomes. I believe it is almost safe as long as you don't intend on placing any of that into a market; don't monetize it. But that isn't entirely safe from receiving a cease and desist. Like I said, more exposure, more those mice have at seeing it, but even then they could tolerate it because there isn't any money involved. I mean, why would they invest time and money into something to stop you when what you wrote isn't syphoning any off of them? You know what I mean?
 

Grizzly18

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The mouse isn’t as trigger happy as say the Japanese company that shall not be named that owns the IP for the red plumber the boy in the green tunic and the monster fighting game, but I would say unless it’s a fan fiction where you’re writing a fan fiction about Star Wars you should be fine. Especially if you make sure to say that you don’t own the copyright for Star Wars or any stuff related to Star Wars it’s really only if you start making a lot of money where they will give you a cease and desist letter or sue you for copyright infringement. If you do say that you don’t own the copyright or the IP or the material in any way there’s not really any way they can sue you because it is not a registered product of the trademark. Not a lawyer don’t take this as legal advice. Be on the safe side write a disclaimer for anything like a fanfiction. And there shouldn’t be anything wrong with references because other media makes references to Star Wars and stuff like that all the time how family guy in the Cleveland slow did parodies of you know movies four through six and one through three..
 

LiteraryWho

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?
#notalawyer but I'm confident you can *reference* copyright material freely in other works, on the same grounds which allow you to critique them. That wouldn't actually stop the mouse from attempting to sue, but for such a blatant abuse of copyright you could probably counter sue them for legal expenses (would need to find a law firm willing to work pro-bono, ofc).
 

JayMark

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?
It shouldn't get in you trouble. You are simply referencing shared popular culture.

Also, us small fries tend to be invisible, so it would be more of a problem if you get massively popular.

But seeing as Disney wants us all to suck them off and pay for the privilege, they can and will if they are even in the mood, even just for mentioning their franchises in your fiction. They can't sue as easily for copyright, but they can kill you on trademark and brand infrigment. Satire and fair use should cover you, but this is Disney, they sue people for shits and giggles because they can afford to infinitely. They don't have to win, can destoy just by suing.

Outright fanfiction exists in this strange reality, because the corporation reserves the right to cease it and confiscate it, yet the fan fiction eco-system fuels the cultural cult the properties exist on. Going to hard against fan fiction is like self harm against free promotion of their intelectual property. So it's better for them to just reserve ownership of your work under the header of alternate universe or some such theme.
 

KaorimoHutsuEnaka

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Non ho mai capito bene dove si traccia il confine quando si parla di copyright. A volte sembra che anche solo riconoscere l'esistenza di un altro franchise sia sufficiente per essere denunciati, altre volte è come se si potessero copiare nomi, design dei personaggi e persino intere trame, e i proprietari non potessero farci niente.

In conclusione: la frase "Non voleva buttare via la bella tunica che lo faceva sembrare uno Jedi" mi metterà nei guai con il Topo?
If in the world of your work it is seen as naming Netflix then I think there is no problem
 
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Here's the thing. Parody or satirical fan fiction falls under the category of parody and is an exception, so there shouldn't be a problem. Fan fictions are a gray area and are usually considered "fair use," but it's important that they are not monetized.

Despite what the law says, companies can and often do threaten legal action without any real legal basis, and people, websites, or hosting providers often comply out of fear.
 

KaorimoHutsuEnaka

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Here's the thing. Parody or satirical fan fiction falls under the category of parody and is an exception, so there shouldn't be a problem. Fan fictions are a gray area and are usually considered "fair use," but it's important that they are not monetized.

Despite what the law says, companies can and often do threaten legal action without any real legal basis, and people, websites, or hosting providers often comply out of fear.
Sorry, i can't understand you, can you explain me this? I am writing a Fanfiction and i don't want do a bad end😅
 
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Sorry, i can't understand you, can you explain me this? I am writing a Fanfiction and i don't want do a bad end😅

For example, if you create a work that mocks or makes fun of the X-Men, or even pornographic material, it falls under the category of parody. Parody has special protection in almost every country in the world and isn't a gray area like fanfiction. If you create fanfiction with a similar tone to the original, expanding on the story, it's a gray area, and while it might fall under "fair use," it's important that the work isn't monetized.
 

KaorimoHutsuEnaka

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Ad esempio, se si crea un'opera che prende in giro o prende in giro gli X-Men, o anche materiale pornografico, si rientra nella categoria della parodia. La parodia gode di una protezione speciale in quasi tutti i paesi del mondo e non è una zona grigia come la fanfiction. Se si crea una fanfiction con un tono simile all'originale, ampliandone la storia, si entra in una zona grigia e, sebbene possa rientrare nel "fair use", è importante che l'opera non venga monetizzata.
Thank you very much☺️
 

L1aei

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If you all have time, these links are just in case if our words don't put your minds at ease:

So this'll be a straightforward legal breakdown of how fanfiction is technically a derivative work and what fair use means in practice.

That one there explains the U.S. fair-use doctrine under copyright law like how courts decide if a use of copyrighted material is legal, including those blasted non‑commercial factor.

This one covers how copyright and trademark law apply to fanfiction and why rights holders can enforce their rights even if they usually don't.

This gives ya a general explanation of what fanfiction is and why it exists in this grey area legally like derivative works that are not authorized by the copyright holder.
 

JHarp

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?

From what I recall; generally you can name anything that the public is understood to have known, while some companies have tried to be an ass about trademarking common words, you cannot copyright language as a whole and only trademark extremely specific nouns, usually invented, taken out of context 'Apple' or otherwise distinctive words. Trademark law specifically cares about the understanding in context, and that is where people try to cite 'parody'.

By the true definition in copyright specifically, a lot of parody is protected when it comments on or critiques the original work, but can also be specifically marking the IP in question as your own product, such as a pokemon themed story would infringe upon the IP rights, because you don't own part of the world, but having a Pikachu plush show up in your cyberpunk theme story as a thing on someone's bed won't usually be a legal issue.

Trademark law doesn't consider parody an automatic protection unless the usage is clearly signalled as not part of the original source and thats why people run into issues at times because they consider saying a few things or making fun of something an automatic protection on the multi-front fight which is copyright and trademark laws individually.


When it comes to stories, google isn't going to come after you for naming their site in a story, same for a lot of stores and otherwise; especially if they aren't in a competing or adjacent format or industry. It's generally understood as nominative use to just refer to a brand or representatives of a brand such as Micky Mouse.
A few game developers have made games in the past that shared names with real world companies and that has fallen through in court because they aren't in the same industry, therefore people would have 'no reasonable expectation' to confuse the two.
Well known brands however do have the weight to push for dilution because the 'value' of their name is being picked up and misused by other people.


When it comes to fanfictions, generally all fanfictions without explicit permission are already a baseline infringement even if non-commercial.
Copyright cares about characters, settings and narrative elements to be 'sufficiently distinctive'. The main difference is enforcement varies because theres so much content online that only more popular things get constantly curated. All it takes is Nintendo sending a cease and desist to ScribbleHub however for them to require all stories relating to their games to be removed, they just haven't chosen to.
If you take someone's world and characters and actively turn it into a gore filled horrorscape, they are going to be a lot more trigger happy to cease and desist you, because it is their IP, and you are in a competing field such as the creative arts or completely misrepresenting the identity of their IP.

In the end popularity tends to signpost once something becomes legally and commercially relevant, they can't be sure people aren't taking donations or other things from their projects, and so they are shut down.
 

L1aei

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If you take someone's world and characters and actively turn it into a gore filled horrorscape, they are going to be a lot more trigger happy to cease and desist you, because it is their IP, and you are in a competing field such as the creative arts or completely misrepresenting the identity of their IP.

That right there is what I'd be tiptoeing around.
 

JHarp

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That right there is what I'd be tiptoeing around.
It's why I love the whole winnie the pooh thing that went on with that horror game, such a funny win for being now able to dodge the laws around things for sticking on the right side of the line.
 

JordanIda

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The copyright notice protects your creation. It is not a place for attribution of every possible influence. No one cares about that. Anyone can sue you for anything. No matter what your copyright notice says.

Even if your work is fan fiction, declare ownership and give it some defense for the time when inevitably you'll have to go after other sites that scrape it. This doesn't mean you can monetize it, because then you can be sued, if you're making enough on it to be worth their time. The copyright just gives you the ability to assert your rights: namely the right to decide the venues in which it will appear, if any.

When in doubt? All rights reserved, <year>

Three simple words that any lawyer or website operator can understand. It simply means, you're stating your intention to assert and defend all the rights to which you're entitled in your jurisdiction. If any.

If you want to know what all the true variations are (and there are not many), go to an ISBN registrar like Bowker. But it's truly not necessary. All rights reserved. Simple. Done.
 

JHarp

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When it comes to stories, google isn't going to come after you for naming their site in a story, same for a lot of stores and otherwise; especially if they aren't in a competing or adjacent format or industry. It's generally understood as nominative use to just refer to a brand or representatives of a brand such as Micky Mouse.
And to clarify the distinction here. You can absolutely have your characters in some murder mystery or VR game world, stop by in real life at a fast food joint of any real world establishment.

Naming the thing isn't bad.

The reason a lot of people end up changing the name to a parody, more commonly in anime is because the logos and stylised marks which can include the stylised name are trademarked and could be understood legally as endorsement or cause confusion about affiliation.

Accidental background appearances are lawful, streamers don't get punished for walking past a place but the fudging is done for reduced legal effort down the line once it is being made into visual media. Otherwise thats where the whole unpaid product placement implications and broadcaster standards come into play especially for international distribution.
 

Hasako

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Copyright is just a minefield waiting for someone brave enough to enter it, while the public domain is best to avoid the BS from companies, while any series under creative commons, ask the author first.
A rare few of us are sick and tired of companies, so cc route so people create what they like or etc
 
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MFontana

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I've never really understood where the line gets drawn when it comes to copyrights. Sometimes it seems like even acknowledging another franchise exists is enough to get the pants sued off of you, other times its like you can rip off names, character designs, and even entire plots, and the owners can't do anything about it.

Bottom line: is "He didn't want to throw away the cool robe that made him look like a Jedi" going to get me into hot water with the Mouse?
I'm not a lawyer personally so take this with a grain of salt, but from personal research along similar lines (for one of my own stories) I've learned the following.
Under US Copyright Law, that line alone would be negligible at best.
You're not calling the character a Jedi, or claiming the work is part of the IP, nor any ownership of the intellectual property for which the mouse owns the rights. You're not giving them jedi powers, or a lightsaber.
You're using a common-place word in the public consciousness ("jedi") as an adjective to describe an appearance through a character's perspective.

If that is the sole reference, then the mouse wouldn't likely bother even trying to get involved unless you're making an exceptional amount of cash off the work, then they might take notice out of corporate greed rather than any true legal standpoint.

(I was going to have a cosplay scene where one of the characters in my series cosplayed [poorly] as Deadpool, and that character regularly makes reference to Marvel characters in the few times when he is on-screen, but is not in, and of, himself "a marvel character", so I had to look into this kind of thing for very similar presentations)
 
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