Need Permission to Use Superheroes Name?

Shadow_Ferret · Jul 4, 2008

I have a question about use of superhero names in your story. Are names copyrighted? Do I need to acquire permission from the comics company?

Here's my paragraph:

Superman. Now there was an ambitious man. No one forced him to be the hero of Metropolis, he chose to do it. He chose to take on the responsibility of saving the world.

For context, here are the next three paragraphs:

The same can be said for anyone who becomes President or some other leader. They have drive, ambition, and ego.

On the other hand, I had no such ambitions. I would have been perfectly happy living a life of obscurity, boredom, and ease. In fact, my dream job was to be retired. Even as a child while my friends wanted to be doctors or lawyers or firemen, I always thought past that to what I’d do the day I retired.

That was before Zeus called me into his office.

Anyway, the Superman reference, do I need to contact DC for permission?

Thanks.

maestrowork · Jul 4, 2008

They're trademarked. You most likely would need permission if it's a character.

Now, if you're just mentioning it as in: "What do you think you are, Superman?" he said -- then I think it's okay. It's a pop culture reference.

So in your case, you don't need permission.

Prozyan · Jul 4, 2008

Absolutely not within that context.

Now if Superman actually shows up later on, you might have some problems

IceCreamEmpress · Jul 4, 2008

No, you can discuss Superman/Mickey Mouse/Indiana Jones just as you can discuss Coca-Cola/Disneyworld/Toyota.

amber_grosjean · Jul 4, 2008

As long as you are saying something good about the character, I don't think there would be a problem about mentioning another book's character or a character from a movie. Some names are copyrighted so I've heard like that race car driver, can't remember his name at the top of my head. His name couldn't be used other than an actual person's name I guess. I argued with a friend over that one lol.

You can always send a letter to the comic book and discuss it with them just in case but I don't see where there would be a problem with using the name in that text. Like I said, nothing bad was said. If anything, you'd be promoting the movie lol.

Amber

Prozyan · Jul 4, 2008

You can't copyright names. Trademark, yes, copyright, no.

Jcomp · Jul 4, 2008

As the others have said, you don't need permission in that context. I just wanted to add...

In fact, my dream job was to be retired. Even as a child while my friends wanted to be doctors or lawyers or firemen, I always thought past that to what I’d do the day I retired.

...I really like those lines. Interesting character.

Gillhoughly · Jul 4, 2008

Here's the long answer on this point:

http://www.publaw.com/fairusetrade.html

The short answer is yes, you may use Superman with a capital "s". So long as he doesn't appear as a character, you're fine.

Other trademark names need to be capitalized, too, like Kleenex, Rollerblades, and Coke.

Alternatives are tissues, in-line skates, and soda.

blacbird · Jul 4, 2008

Prozyan said:
You can't copyright names. Trademark, yes, copyright, no.

And remember also that a trademark protects a given name used in a specified manner. Dove soap and Dove ice cream bars are both trademark-protected names, but have no relation to one another and do not impinge on each other's product.

caw

James D. Macdonald · Jul 4, 2008

But when Apple computers started playing music Apple Records got all shirty.

blacbird · Jul 4, 2008

James D. Macdonald said:
But when Apple computers started playing music Apple Records got all shirty.

Yeah. Ain't the legal system fun, though. Actually, that Apple vs. Apple spat started even earlier, didn't it?

caw

amber_grosjean · Jul 4, 2008

Ok I was wrong...the race car driver had his name trademarked.

My friend argued that by law no one could use that name for their children.....I argued that the man has no right to say who can name their children even if its the same name. He uses his name on all his stuff like t-shirts......was it Dale Earnheart? I can't remember lol. I'm not a racing fan lol. Sorry, I thought he had it copyrighted, it was trademarked which is totally different.

Amber

WriteKnight · Jul 5, 2008

The Apple dispute goes back to when Apple Computers/Corp first appeared. Their name and logo was a blatant rip-off of the Beatles corp. There were even written documents produced that attested to how they were MEANT to be associated with the Beatles... bad idea.

That fight 'settled' when Apple Corp (the computer company) agreed to NEVER get in the music business. The same elements of trademark law that keep Dove Soap and Dove Bars from being mistaken as competitors. Or Delta Airlines and Delta Faucets. (no 'likelyhood of confusion')

But when Apple became a music distributor - well, the rest as they say is history.

And yes, the OP is fine referencing the pop characters - as far as the example goes.

Chris Grey · Jul 5, 2008

WriteKnight said:
The same elements of trademark law that keep Dove Soap and Dove Bars from being mistaken as competitors. Or Delta Airlines and Delta Faucets. (no 'likelyhood of confusion')

I don't know about your childhood, but I've had both kinds of Dove in my mouth.

WriteKnight · Jul 5, 2008

Chris Grey said:
I don't know about your childhood, but I've had both kinds of Dove in my mouth.

HAHAHAHA! Unfortunately, I'm a 'Lifebuoy' survivor myself. That and "Ivory".

David I · Jul 5, 2008

amber_grosjean said:
As long as you are saying something good about the character, I don't think there would be a problem about mentioning another book's character or a character from a movie.

Even if you choose to say nasty things about them, you're okay.

Need Permission to Use Superheroes Name?

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