fictional characters

sissybaby · Sep 15, 2008

I'm not sure where to post this, but it concerns an early chapter book I'm working on.

Is it allowable to use the names of fictional characters not your own in a children's book? I'm talking characters like Babe the Blue Ox, or the Ugly Duckling type people - I use the term people here rather loosely.

I just don't know if that's something I can do, and thought I'd see if there was any advice available from the experts here at AW.

Kitty Pryde · Sep 15, 2008

In the US at least, if they are in the public domain you can use them, and otherwise you can't. You can mention any character, like, "Joey's little sister always had her nose in a Harry Potter novel." But you can't have the actual Harry and Ron romping through your fictional world.
The Ugly Duckling is a Hans Christian Andersen character, so I reckon he's public domain. And Paul Bunyan/Babe are based in 1800s folklore but created in 190something. They are a folk legend so I believe they are also public domain.

Certain specific incarnations of public domain characters ARE protected though, so it is confusing. Like, snow white + 7 dwarves are public domain (originally created by brothers grimm), but "Bashful," "Doc," "Dopey," "Grumpy," "Happy," "Sleepy" and "Sneezy" belong to Disney. Likewise, I think there's a Disney version of Paul Bunyan/Babe--anything specific to that version, you can't use. If you work from the source material, you should be fine.

Anyone feel free to correct me if I'm wrong.

longoverdue · Sep 15, 2008

Nope, no correction needed. Think you got it on the head, Kitty Pryde.

GLAZE_by_KyrstinMc · Sep 15, 2008

Kitty Pryde said:
In the US at least, if they are in the public domain you can use them, and otherwise you can't. You can mention any character, like, "Joey's little sister always had her nose in a Harry Potter novel." But you can't have the actual Harry and Ron romping through your fictional world.

The Ugly Duckling is a Hans Christian Andersen character, so I reckon he's public domain. And Paul Bunyan/Babe are based in 1800s folklore but created in 190something. They are a folk legend so I believe they are also public domain.

Certain specific incarnations of public domain characters ARE protected though, so it is confusing. Like, snow white + 7 dwarves are public domain (originally created by brothers grimm), but "Bashful," "Doc," "Dopey," "Grumpy," "Happy," "Sleepy" and "Sneezy" belong to Disney. Likewise, I think there's a Disney version of Paul Bunyan/Babe--anything specific to that version, you can't use. If you work from the source material, you should be fine.

*Seconds that*

fictional characters

sissybaby

Kitty Pryde

i luv you giant bear statue

longoverdue

GLAZE_by_KyrstinMc