Two questions: Urban Legends and fairy tales in stories

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thegirlwhowrites

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Is it OK to use urban legends/urban myths in stories (without permission)? for example: candy man, bloody mary, the idea of Friday the 13th, etc.
I guess you can also call these folklore..

Also, I have the same question with fairy tales, fables and such. can anyone use those (without being sued)?
 

Manix

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Yes. I believe mostly urban legends, myths and fairy tales have all fallen under the heading of "Public domain" and you shouldn't have a problem unless you put your name on the book "Cinderella" and try to pass it off as an original work you drummed up on your own.
 

thegirlwhowrites

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well is there a site out there that gives people a list of urban legends, fairy tales they can use, so they're not confused?
 

Manix

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Here's a link from Snopes about urban legends:

http://www.google.com/url?sa=t&source=web&ct=res&cd=1&url=http%3A%2F%2Fwww.snopes.com%2F&ei=OjXvSeiiApjhtgfFjMTSDw&usg=AFQjCNGef9g87vH-E1zz3C1QcYgyZiU61Q&sig2=yVQt2Q7ZFhyRT0VpevjfOg
 

Manix

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Oops. That link didn't come out like I intended. Anyway, Snopes.com has a search where you can type in any urban legend you want and it will bring up a bunch of options to browse through. Is that what you were looking for?
 

thegirlwhowrites

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thanks for your help but I was looking for a site that listed out all the non-copyrighted (or copyrighted) fairy tales and urban legends. if any such site even exists.
 

Kitty Pryde

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Is it OK to use urban legends/urban myths in stories (without permission)? for example: candy man, bloody mary, the idea of Friday the 13th, etc.
I guess you can also call these folklore..

Also, I have the same question with fairy tales, fables and such. can anyone use those (without being sued)?

You can find lots of lists of fairy tales on wikipedia. Like here.

In short, (in the US) you can use any of these fairy tales or urban legends in your writing. Just make sure you aren't using elements that belong to copyrighted versions of the stories. For instance: snow white is okay, the seven dwarves are okay, but Doc, Grumpy, Happy, Sleepy Sneezy, Bashful, and Dopey belong to Disney and you can't write about them.

Friday the 13th as in an unlucky day is part of folklore, and thus okay to write about. Friday the 13th as in a day that an angry mother kills a bunch of sinful fornicating camp counselors to avenge her adorable and dead son Jason Voorhees belongs to the people who made that great film, and thus NOT okay to write about. :)

Note: 'Candyman' isn't an urban legend as far as I know. It's a cheesy horror movie based on a Clive Barker story. So like I said, check your sources before you start writing. Have fun!
 

jimpickens

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You may run into problems with protected properties such as anything involving the Candyman or Friday the 13th movies I would get permission before doing anything covering those two franchises.
 

CACTUSWENDY

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I find it interesting that Snow White can be used but not the name of the little guys.....hum. Wonder why?
 

Stijn Hommes

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One of the definitions of an urban legend is that it's almost always impossible to find out who originated it, so there's no one to ask permission from. Fairy tales are a little more complicated because whether those are still copyrighted depends on when their author died and whether the copyright was renewed.
 

bonitakale

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I find it interesting that Snow White can be used but not the name of the little guys.....hum. Wonder why?

Because Snow White is a fairy tale, from way back when. Disney changed (corrupted?) it to make a cartoon. Same with Beauty and the Beast, Cinderella, etc. (And Bambi, and Mary Poppins, but they are novels that may still be in copyright.) The dwarves didn't have names in the original story, and weren't especially cute.

Your library probably has books about fairy tales under the 398's. Get a big fat book from the Grimm brothers, or something from the Arabian Nights, or tales by Perrault or Hans Christian Andersen, and you'll see where Disney got the stories he used. Or, go to Project Gutenberg and read them there. They are all old; the Disney Corp could do whatever they liked to them, and so can you.

Don't EVER trust Disney for a story.
 
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cherubsmummy

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There are some great novels which have used fairy tales as part of their inspiration.Daughter of the Forest, by Juliet Marillier is the novelisation of a fairy tale about brothers who were turned into swans and the task their sister had to perform to save them. Gregory Maguire (author of Wicked) has also written novels using the Cinderella fairy tale (Confessions of an Ugly Stepsister) and Snow White (Mirror, Mirror).
 

jimpickens

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What about the Sesame Street characters are they protected I am under the opinion that if it's aired on public TV then it's public domain.
 

lovesaphira

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What about the Sesame Street characters are they protected I am under the opinion that if it's aired on public TV then it's public domain.

I think you have to get permission before using sesame street characters. They were created by Jim Henson, weren't they?
I don't think you can use them just because they air on public tv.
 

lovesaphira

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Ok i have another question. I know that King Arthur is a legend and public domain but are there aspects of his legend that are copyrighted? like Lancelot or Excalibur or any of the knights at the round table...that kind of stuff.
 

Kitty Pryde

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Ok i have another question. I know that King Arthur is a legend and public domain but are there aspects of his legend that are copyrighted? like Lancelot or Excalibur or any of the knights at the round table...that kind of stuff.

I reckon you need to go to the really old stuff, like l'morte d'arthur and other stuff like that, and look at what aspects of the legend were described back then, and then you'll know what aspects are part of the public domain. As far as I remember, Lancelot, Excalibur, and a bunch of the knights were there.
 

Cyia

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What about Dracula? is he copywrited? hehe

No. Stoker's been dead long enough for there to be no copyright on the Count. Plenty of people use him in modern novels. Ditto for Vlad Tepes.

What about the Sesame Street characters are they protected I am under the opinion that if it's aired on public TV then it's public domain.

Never trust your own opinion on legal matters. Those are not public domain any more than Clifford the Big Red Dog or Arthur, even though they all air on public TV. They're under active copyright and in current use. They're also trademarked so that you can't even use the characters' likenesses without permission.
 

PoppysInARow

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Okay, I got one. I've had a novel idea based off of Alice and Wonderland for a long time. It'd be changing everything, but some of the characters and similiarities would be there (Eg, the tea party, painting roses, ect) Except it was in a modern setting and it was a crime drama.

Would I be allowed to write it, or is that taking too much from old AoW?
 

jimpickens

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I believe that if you do it in parody then you you can get around the copyright infringement. Case in point the Bert Is Evil website before the infamous Bin Laden pictures forced the original site to close I did a little research and discovered that if it is done in parody or spoof then there is no real copyright infringement.
 

Cyia

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Parody is a different matter. Satires and the like are usually protected as fair use or derivative works (something like that... where are the AW legal type people?)
 
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