Are Character Names Copyrighted?

[PattiTheWicked]

Here's my conundrum. In my WIP, my MC makes a reference to a character in a well-known movie. It's important that she does this, because later it becomes sort of a litmus test for the guys in her life. One doesn't know who the character is, and the other immediately says, "Oh, I remember him. Always wondered what he found so appealing about Diane."

I know that I've seen other pop culture references in novels, but it's usually been to "actual people" -- actors, singers, whatever. Is it considered bad form to say this:

"No, no, _______ wasn't a real guy. He was a character in a movie, and the perfect boyfriend material. My first real crush."

??

[BottomlessCup]

Character names can trademarked, but they're too short for a copyright. But they're probably not even trademarked unless it's a merchandised story like Harry Potter.

If it's just one reference, I would think "fair use" would cover it. If you talk about him a lot, well, let your publisher worry about it.

[Akuma]

What about the name Heath/Heathcliff? I'm using it for one of my characters, since it is an actual name, but I think Bronte created it in Wuthering Heights.

Should I change it once everything's said and done?

[PattiTheWicked]

The Heath/Heathcliff thing is a bit different -- I understand that you can't copyright a name, per se. I'm trying to figure out if a character is copyrighted. Slightly different animal :)

It's one thing to name a character in your book Luke. It's completely another to call him Luke Skywalker.

[C.bronco]

Try googling your mc's name and see what you get. Even a book title can't be copyrighted.

[sfecphory]

Is the well known movie character appearing as a character in your book, or are they merely being referred to in the story?

If you have Luke Skywalker walk into a bar and order a gin and tonic that's a trademark issue. If you have Johnny Nonose walk into a bar and scream "I wish I was Luke Skywalker" that's completely fine.

[Medievalist]

Characters can't be coyrighted; they can be trademarked. If it's not something you've seen on a lunch box with TM after the name, I wouldn't worry.

It's an allusion; go ahead. If your publisher has a problem with it, then you can deal with it.

[PattiTheWicked]

Thanks for all the replies. No, the name in question does not appear as a character in the book. The MC makes a reference, during a conversation, to a character in a movie.

And since she doesn't say anything unpleasant about him, I expect it will be fine. She comments about how when she was growing up, he was the sort of boyfriend she wanted some day.

He's definitely never been on a lunchbox :)

[Jaws]

Character names, without more, are not a problem under any current legal theory (or, for that matter, under any of the hypothetical systems that don't rely on a hypothetical statute). The problem is the "without more."

Copyright is not the issue; names per se are not copyrightable. A passing reference does not infringe either trademark or broader unfair competition rights. Thus, one can writeFrederick Fanboy wondered whether his Absolute Write avatar should be Harry Potter or Captain Kirk, but eventually settled on James Bond (from the Connery era, of course).without running into any problems (well, one can never discount the ability of overenthusiastic and inexperienced Hollywood lawyers to create "problems," but there's no tenable case).

The difficulty comes when adding more to an allusion, whether it is an actual quality of the object (e.g., an exquisitely detailed, however paraphrased, description of Harry Potter's bedroom) or an assertion that reflects on the quality of the object (that description veers toward an exquisitely detailed — "graphic," in all senses — summary of the wizard-produced French postcards cunningly hidden in Hedwig's cage). I purposely chose those two examples to fall within specific exceptions to infringement theories. However, I also need to add one of those car-commercial disclaimers ("Professional stunt writer on closed paper. Do not attempt at home.") here: If you are not intimately familiar with both the legal doctrine involved in the particular use and the litigiousness of the object's rightsholder(s), you'd be ill-advised to try this.

The hard part is determining "how much more than mere allusion creates infringement." The only rational answer to that is "compare how much the lawyers on each side get paid."

Of course, none of this applies to material for which the copyright has expired. Thus, one can freely write about Peter Pan, and the raunchy details of how he maintains control over the Lost Boys (complete with NC-17-and-above illustrations), in the US, without any real risk of action. (Contrary to what some corporations would assert, their trademarks in copyrightable materials won't survive the copyright term under Dastar.) Don't do it in the UK, though (or at least not yet), because the copyright term on Peter Pan has not yet expired there.

Turning to the example upstream in this thread, one can use Heathcliff (from the book, not the comic strip) as one wishes — no matter how disparaging or damaging that use might be — but cannot do the same with James Bond. Unless, that is, one is a professional stunt writer using closed paper.

[JimmyB27]

What about the name Heath/Heathcliff? I'm using it for one of my characters, since it is an actual name, but I think Bronte created it in Wuthering Heights.

Should I change it once everything's said and done?

There was a cartoon cat called Heathcliff.