Are Names Copyrighted?

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I am dying to know this question for two reasons.

1. I have a character in the novel that i'm writing has the name of Murtagh. I didn't name the character, and I didn't come up with the name (my friend did). I only found out a few months into the project that my friend took the name from Eragon. I did more reaserch on it, and I found out its an irish surnmame, which is where Paolini probably got it from. So, should I change the characters name?

2. Thorn is not a very common name, and I'm thinking of using it for a character in an upcoming novel. However, it has been used in a fairly famous series: Bone. Even though Jeff Smith obviously got it from nature, should I still change it?

Please reply - I need to know.
Thanks.

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Are Names Copyrighted?


No.
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It would really suck if they were, because eventually we would run out of names.
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For Thorn, since it's so obviously from nature originally and not used solely for a certain book, you should be fine to use it. ^^

However, with Murtagh, people can't tell right away that Paolini didn't come up with it-- unless they bother to do the research like you did. I don't really like that name at all anyway, and I wouldn't suggest using it. But that's juts my preference. ;)
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What Evi said. It's not so much you can't use the name, it's that it's been used recently and looks a bit like a rip-off.
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I hate all the laws and whatnot about names and places :L

I have no idea about any of them, and i always worry about stuff in my writing.
Can i call them that? Can i use that word? Can i reference that company?

It's all a bit "argh"
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I wouldn't use the names "Thorn" and "Murtagh" together in the same book, seeing as they were both used in Paolini's series and it will definitely look like you're stealing all of his names. One is okay, especially if it's a common name like Rachel, but I'd avoid copying unusual names that have already been used. Not because it's illegal, just because it makes you seem like you have your own ideas instead of stealing them from someone else.


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Reminds me of when my sister and my cousin were in a snit about baby names, even though none of them were pregnant at the time. They were arguing about the name Malachi and I was like, 'Too late, I've already named a character that.' :D

But, to be more on topic, I agree with the other peoples. I think Thorn would be fine to use, but the other name would also depend on what kind of book you are writing. I mean, if it's a fantasy book, then you might not want to name your character that.

It's like this: no one can really protest if you name your main character Harry, as Harry is a real popular name, but people will start protesting if your Harry shows up in a magical school, even if that character is only the nightly janitor. Of course, if all your Harry does is sit on a bench and watch people, then you might not have any comparisons to Harry Potter.
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Thorn, in my opinion, is fine. No one can really say 'You copied from so-and-so rawrrawr!' because it's an actual word; The first name you mentioned, on the other hand, could be identified as being from that specific series and you could be called out on it, even if it technically isn't copyrighted.
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As Sureal already said, the answer is no. There's no qualifications, no opinions, no nothing. The answer is simply 'no.' You can't copyright a name under any circumstances whatsoever.

Guys, none of you should be worried about infringing on someone else's copyright. Worrying about that is a waste of time and silly. The only people concerned about it should be the ones who intend to profit from their work. So unless you plan on trying to get your novel or short story published, don't worry.




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I agree with nate, but I do think that you should try to find different names. Because if you do write a story with those names and it does go to an editor and the editor sends the copy back with a bunch of corrections and the words CHANGE CHARACTERS' NAMES on the front page, you will be sad. You will have written a story with the names thorn and murtagh woven into the fabric, and renaming them is kind of like ripping out a piece of the design.
At least, that's my opinion. But there are people who name their character MAIN CHARACTER #4 and change it at a later date.
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