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Copyright question



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Fri Jan 02, 2015 9:27 pm
Justlittleoleme says...



I have a story in mind but part of my character's character is that she is an avid reader. In the beginning of the story I want to show her play acting out stories from books she has read, real books that I have read, but I want to know if it is okay to mention those characters and authors in my own story without actually asking them questions like, "Hey Mr/Mrs. Copyright owner, can I mention so and so in my story, if only briefly???"

Please and Thank you :)
  





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Fri Jan 02, 2015 9:59 pm
Dracula says...



Just from my knowledge, you can do this for stories which are just for fun and which aren't earning you any money. Fanfictions actually use the characters as main characters all the time. However, if you want to publish the story and make money, then I'd think you'd have to ask.

Authors put references to other stories in all the time, but they are sure to type them in italics, such as... Anna watched her friend wave the stick around, she reminded Anna of those Harry Potter movies. This is a common thing, but I notice that these author's seem to be friends with each other so for all I know they could have asked the copyright owner.

If you have a spare hour for a detailed google search, perhaps try keywords like 'book characters copyright' and 'copyright characters reproduce'.
I bought a cactus. A week later it died. I got depressed because I thought Damn, I am less nurturing than a desert.
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Sat Jan 03, 2015 12:17 am
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Rosendorn says...



Three words for you: Public domain characters.

These are characters who have no copyright holders. Usually they belong to classic novels, therefore authors who are long dead. Depending on where you live different characters are under public domain (UK and US have different regulations regarding it; in one country, the time between "death of author" and "characters are now public domain" is 25 years longer), but any character on public domain lists can be used without any repercussions about profiting from copyrighted work.

This is why people always tend to reference and/or adapt Alice in Wonderland, Sherlock, Dr. Jekyll & Mister Hyde, Robin Hood, and a whole bunch of others so often. You can use their original incarnations without repercussion.

Now, if you reference a specific incarnation where the characters are not public domain, that will likely get repercussion. Hence why you stick to the originals.
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  








These were autumn mornings, the time of year when kings of old went forth to conquest; and I, never stirring from my little corner in Calcutta, would let my mind wander over the whole world.
— Rabindranath Tagore, The Cabuliwallah