Ownership of Names

Angel_Lorena26 · Feb 6, 2009

Ok so somewher I saw two names that since I saw them have absolutely love. The problem is they are the names of characters in someone else published novel. Would using them being stealing ? I know some would probally say find another name but I haven't been able to get them out of my mind.

update:
The names are Fausto and Pares, and they are in the sci fi novel, my novel is more super natural involving vampires and a mortal whose lives are intertwined. And let me add I opted for odd names for my characters just because it seems more interesting.

Cyia · Feb 6, 2009

Are you talking something like you love the name Hermione and want to use it for a novel not related to magic, or you want to name a young witch Hermione Granger? Because the second one would be bad.

C.bronco · Feb 6, 2009

Hermione wasn't J.K.'s creation, but I wouldn't pair it with the surname. There are a ton of Kates and Catherines in literature.

eyeblink · Feb 6, 2009

In Hermione Granger's case, she and other Harry Potter characters (along with their names "and other indicia") are trademarks owned by Warner Bros, so you definitely can't use their names in your work.

Specific given names like Hermione, Harry, Ron (or Bella and Edward

) can't be copyrighted as there are plenty of real people out there with those names. So yes, you can use them for your characters.

tailstrike · Feb 6, 2009

Like the others have said it depends on the name wnad what context it is used inn...

dpaterso · Feb 6, 2009

Why not just use the names now, while you're writing your novel.

When you're finished, and have rewritten until perfect, consider whether you're still so attached to them. (By then they could seem tired and overfamiliar.)

-Derek

maestrowork · Feb 7, 2009

Even if they're not trademarks, using someone else's characters' names in a similar genre would be very embarrassing anyway. It's one thing if it's unintentional; it's another if you already know they exist in other novels. That said, it could be intentionally funny if the character is self-aware that she's called Hermione Granger, like that "frigging witch in the mega-famous series"...

First names alone are fair game, but it depends on how unique and well-known and the context. Obviously calling your character Luke is okay since Luke is a regular name. But calling your psychiatrist serial killer Hannibal would only draw too much unnecessary attention and possibly snicker...

ragefaith · Feb 7, 2009

maestrowork said:
Even if they're not trademarks, using someone else's characters' names in a similar genre would be very embarrassing anyway. It's one thing if it's unintentional; it's another if you already know they exist in other novels.

And it could make the reader associate your character with the character in question, which is never good.

Angel_Lorena26 · Feb 7, 2009

Maybe I 'll use one (Fausto) and not the other one Pares, just to save me the hedache.

tehuti88 · Feb 7, 2009

I think your final decision here is best. Even if names aren't copyrighted, it might seem hinky to use the names of TWO characters from the same book in your own book. Plus "Fausto" seems generic enough to get away with; I'd associate it with Dr. Faust rather than with whatever book you're thinking of.

Danthia · Feb 7, 2009

I think it would depend a lot on whether or not those names have become iconic. I've never heard of either one you mentioned, but if you said Hermonie" the first thing I'd think about is Happy Potter. If the name was Buffy, I'd think vampire slayers.

If the names have taken on a life of their own and are so ingrained with a particular character, I think you're only inviting comparison and making people think about the famous character first. If the names aren't, then you're probably fine.

SirOtter · Feb 7, 2009

Elizabeth Peters snatched a couple of names from H.Rider Haggard's She for one of her Amelia Peabody books. Pulling one from a public domain work is a bit different than absconding with one from a current book, however. I'd tread lightly on this one.

IceCreamEmpress · Feb 8, 2009

I don't even get "Pares" as a name unless it's set on another world/universe entirely. "Pares" isn't a name in any Earth language that I know of, and if it weren't in a science fiction novel, I would think it was a misspelling of "Paris".

Ownership of Names

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