Friday, April 01, 2011

Fanfiction vs Published writing - Characters, stories and copyright

So, I have a story I am working on for World of Depleted and because I want to submit it as possible official canon, I am learning some of the nitty gritty differences between fanfiction and "official" writing, a big one being, you can get away with a lot of stuff in fanfiction.

The question (among many) I am chasing tonight is - I have a character and I want them after doing something to quote the Homer Simpson line about being "I am so smart, SMRT" - yes there is a reason for using the Homer line, if there was not, I'd just take it out and not worry, but pop references is something I can see this character doing a lot, and it ties the story more to "this world" you know that thing where you try to make your character seem real by surrounding them with the same things your reader would be surrounded by...

Well my question is - can you do this with out contacting the holder of the property and can I basically use that (and in the future) similar references in my story.

I think the answer is a reference to a general character, place or story is ok (although if in a defamation/negative way you may get sued or in trouble for that). But song lyrics definite no no and quoting sayings and catchphrases still not sure.

This is leading me to one of the things that the traditional publishing system is very good for - the copyright, leagalese, fact checking part....

Ok here are some references

http://www.hatrack.com/writingclass/lessons/2004-04-01-2.shtml
- makes me think I am ok

http://bookendslitagency.blogspot.com/2011/03/character-copyright.html - verifies the above

http://www.nanowrimo.org/eng/node/3699267
- reading the comments - very helpful

http://www.scriptmag.com/2010/09/10/primetime-can-i-legally-write-a-story-based-on-another-writers-character/


http://copyright.cornell.edu/resources/publicdomain.cfm
(from http://copyright.cornell.edu/)

http://www.wipo.int/portal/index.html.en - international IP info

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