Legality of satire and does this sound like a terrible idea?

eric11210 · May 10, 2007

This idea actually came to me in a dream last night and generated two questions for me.

First, is it legal, second is it a good idea?

Also, this may not be a children's story, but since the concept was a satire of Harry Potter. . .

I dreamt about a hardboiled detective who had a name that somehow evoked Harry Potter. I don't remember exactly what it was, something like Harry Stone or some such thing. I don't know what it was exactly, but someone in my dream was asking him about Harry Potter and he started ranting about how "that boy has ruined my life" because he's famous and their names sound similar.

And then (in the dream mind you -- I guess being a writer has invaded my dreams) I had this thought that this would be a great story where I did a satire of harry potter with this detective constantly being asked if he's related and whining about it the entire time (maybe while investigating supernatural crimes).

Thing is, I'm not sure of the legality.

Where do you cross the line into copyright infringement and or trademark infringement?

Would I have to avoid mentioning Harry Potter all together? Or could I mention it in passing? (Obviously, I'm aware I can't constantly mention him). Or could I have people asking, "are you by any chance related to a boy magician?" Or is that also going too far?

Also, does this sound like a totally nutty idea that could never work in a story?

Eric

scarletpeaches · May 10, 2007

Jasper Fforde's books satirise other literary characters, but those of Dickens and the Brontes and the like, so there may be a problem using characters of living authors.

But there's a series out at the moment, I can't remember the author's name, about a grown-up who was a boy wizard, by the name of Barry Trotter. The first is called Barry Trotter and the Shameless Parody, I think. So you might get away with having a similar name.

veinglory · May 10, 2007

There as another case of a girl wizard novel that seemed to play on the Potter thing, who as I recall ended up on the wrong end of a lawsuit.... but it was not obviously a satire.

louiscypher · May 15, 2007

If it were valid to litigate for satire of anything or anyone - famous or not - then why do Judges preside over such matters wearing wigs and frocks while twelve of peers perve over the facts - eh?

And the real question begs: is or does word-art degrade or enhance itself with copyright when democracy permits and promotes freedom of expression? Ju-know, it sure don't say all men are born free and equal unless you work for Hollywood or a bloody Penguin?

Stuff em, I say, serve up his head on a plate and spare ye nothing! Parry Hotter too!

J

Evaine · May 15, 2007

Anthony Horowitz wrote a hard-boiled detective novel for kids called The Falcon's Malteser (a malteser is a sort of sweet in the UK). Guess which famous film it was based on?
He had to change the title to Just Ask for Diamond.

Cindyh2k · May 15, 2007

Check this out:

http://www.aboonbooks.com/Writing_Contest_Rules.php

Thought this might give you an idea of how spoofs are being done - sorry it doesn't actually answer any of your questions, just thought you might be interested in seeing it.

Cindy

moondance · May 16, 2007

Evaine said:
Anthony Horowitz wrote a hard-boiled detective novel for kids called The Falcon's Malteser (a malteser is a sort of sweet in the UK). Guess which famous film it was based on?
He had to change the title to Just Ask for Diamond.

I believe here in the UK it's still called 'The Falcon's Malteser'. Along with his other books in the Diamond Brothers series, which (off the top of my head) include 'The French Confection' and 'Public Enemy Number 2'

TnTexas · May 16, 2007

moondance said:
I believe here in the UK it's still called 'The Falcon's Malteser'. Along with his other books in the Diamond Brothers series, which (off the top of my head) include 'The French Confection' and 'Public Enemy Number 2'

It appears that it's called The Falcon's Malteser here in the States as well (published by Puffin in 2004). I couldn't find where it said otherwise anyway.

Just Ask for Diamond appears to be a different book by him published in 1989 by a different company. I suppose it could be the same (or a similar) story, though; Amazon doesn't give a description of it.

More googling would seem to indicate that the second book is probably a film script Horowitz wrote based on his book The Falcon's Malteser which would make the copy I linked to in the first paragraph a reprint.

Evaine · May 16, 2007

I think it's the same story (I remember reading it under the title Just Ask for Diamond when I worked at the Children's Bookshop).
Maybe Anthony Horowitz is famous enough now that they've reprinted it under the original title?
I think the book was first published in the late 1980s? I remember picking it up because I'd enjoyed Robin of Sherwood episodes that he wrote.

Torgo · May 21, 2007

I believe it's THE FALCON'S MALTESER, but reissued in an edition that tied in with the film JUST ASK FOR DIAMOND.

Legality of satire and does this sound like a terrible idea?

eric11210

scarletpeaches

veinglory

volitare nequeo

louiscypher

Evaine

Cindyh2k

moondance

TnTexas

Evaine

Torgo

Formerly Phantom of Krankor.