Can I build a cult around Steve Urkel, or do I need to change the names to protect the innocent?

Sounds like a very bad idea. You would probably violate all manner of trademark/copyright matters in doing so without permission.

You're intending to write fiction. So write fiction. Invent a character, Urkel-like if you wish, but don't use the name or anything remotely connected with the sitcom.

caw

I have no idea about the copyright issues, so follow blacbird's advice, but holy cow, what a great idea!

I'm jealous!

Who is Steve Urkel?

mirandashell said:

Who is Steve Urkel?

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One of the main characters in a 90s sitcom, Family Matters. The annoying, socially awkward, but loveable next door neighbor who had a crush on the family's daughter. Sort of an archetype for the geek character.

You really think there would be a copyright issue with this? I've seen published novels with pop culture references all over the place, Doctor Who to Star Wars to Batman. What's the difference?

Also, I think this idea is amazing and you should definitely do if it's possible

tiakall said:

One of the main characters in a 90s sitcom, Family Matters. The annoying, socially awkward, but loveable next door neighbor who had a crush on the family's daughter. Sort of an archetype for the geek character.

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Ah. Thank you!

Rhoda Nightingale said:

You really think there would be a copyright issue with this? I've seen published novels with pop culture references all over the place, Doctor Who to Star Wars to Batman. What's the difference?

Also, I think this idea is amazing and you should definitely do if it's possible

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There's a major difference between a reference ("You look like Harry Potter in those glasses.") and using a trademarked character or copyrighted material to build or exist in your own world.

There's also a difference between trademark and copyright. Like Snow White the original fairytale isn't under copyright protection currently. Snow White the Disney princess is trademarked up the wazoo, I'd wager, same as anything Disney gets its paws on.

mirandashell said:

Who is Steve Urkel?

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tiakall said:

One of the main characters in a 90s sitcom, Family Matters. The annoying, socially awkward, but loveable next door neighbor who had a crush on the family's daughter. Sort of an archetype for the geek character.

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Thanks; I didn't have a clue who he was either. I suppose I could've googled it, but if I were to read that scene (giant Urkel-head) in a book, it would fly way over my not-so-giant head. I personally don't like pop-culture references all that much because I usually don't get them.

If someone calls you on it, just say, "Did I do that?"

I think it would depend on how it was published and if the owner is the type to get mad. It doesn't seem like the type of thing most large publishers would like, but the webcomic Homestuck has Betty Crocker as a major villain and as far as I know it hasn't received a cease and desist notice yet.

MitchBrandon said:

I've decided to go the safe route and make up my own Urkel-esque character: Spuds Burkhall.

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don't forget to write about spud's love of cheese and his bmw isetta.

I would so read a book about an Urkel cult.

Rhoda Nightingale said:

You really think there would be a copyright issue with this? I've seen published novels with pop culture references all over the place, Doctor Who to Star Wars to Batman. What's the difference?

Also, I think this idea is amazing and you should definitely do if it's possible

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Yep, I think there would be a huge copyright issue over it. Don't do it.

You can't use a trademarked character as one of your own characters. This doesn't mean you can't refer to that character, or to a cult built around him. It's a fine line, and I wouldn't risk it the way you seem to be portraying it.

Angry Guy said:

If someone calls you on it, just say, "Did I do that?"

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Rhoda Nightingale said:

You really think there would be a copyright issue with this? I've seen published novels with pop culture references all over the place, Doctor Who to Star Wars to Batman. What's the difference?

Also, I think this idea is amazing and you should definitely do if it's possible

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Personally, I don't see how there would be a copyright issue - seems like clear fair use to me. But I'm no lawyer.

But i LOVE LOVE LOVE the idea!

Jamesaritchie said:

You can't use a trademarked character as one of your own characters. This doesn't mean you can't refer to that character, or to a cult built around him. It's a fine line, and I wouldn't risk it the way you seem to be portraying it.

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I don't think the OP is planning to use Urkel as a character. I think he wants to reference a cult that's built up around the fictional character, and then have that cult build an idol of him.

I don't think that's using a trademarked character, I think that's fair use referencing a fictional character, not incorporating it.

But I repeat: I'm no lawyer. Talk to one.

Fair use through what?

leifwright said:

Personally, I don't see how there would be a copyright issue - seems like clear fair use to me. But I'm no lawyer.

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Seconded on both points.

Seems more like parody than copyright violation.

leifwright said:

But i LOVE LOVE LOVE the idea!

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I agree 100%. I wouldn't be nearly as enthusiastic about the story of a cult built up around an original Urkel-like character. For me, it's Urkel or nothing.

leifwright said:

But I repeat: I'm no lawyer. Talk to one.

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This is the bottom line.

Myrealana said:

Seconded on both points.

Seems more like parody than copyright violation.

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"Fair use" is a defense to be argued against charges of copyright violation. It isn't an automatic exclusion.

And, as has been noted, "trademark" is a completely different animal, operating under different statutes, for different reasons. I would be astounded, for instance, if the character Urkel wasn't protected by trademark, which means, basically, that you can't use that character as a character in a derivative work, without explicit permission of the trademark holders. And, yes, I know that fanfiction gets away with such things, but in general that's because fanfiction doesn't infringe much in monetary terms on trademarked work.

Myrealana said:

This is the bottom line.

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Now you are correct.

caw

mirandashell said:

Who is Steve Urkel?

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tiakall said:

One of the main characters in a 90s sitcom, Family Matters. The annoying, socially awkward, but loveable next door neighbor who had a crush on the family's daughter. Sort of an archetype for the geek character.

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OMG, at last, the mystery is solved! Now I finally know what the hell Homer Simpson was talking about in this clip, which has baffled me for the last 15 years...

I have no advice, but that sounds hilarious!

cornflake said:

Fair use through what?

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Parody.

If movies can make fun of other movies, and TV shows make fun of other TV shows, books can make fun of TV shows, too. It doesn't have to be mean-spirited to be making fun. A cult around a TV character counts as "making fun."