Lawyer sort of question. I think.

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josephperin

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If I have one of my characters nicknamed 'Jedi' will that be a copyright violation? Star Wars released in the era and was at the height of its popularity. Plus, the character is a fan.


And what if she quotes from the movie? I want to make her (more than a few times) say "May the force be with you," with the reader understanding she's quoting
 
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Jason

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From one who is not a lawyer (and has never played one on TV either), speaking to the above scenario, I'd personally recommend against it.

That being said, while I am not sure who here is or is not a lawer that can provide legal counsel, I've seen several threads closed on the basis that this is intended as a writing forum and not one to get legal counsel on either. So, having seen that, and even from my own perspective - I'd say, talk to a lawyer directly. Best of luck to you though...
 

Brightdreamer

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Also not a lawyer, but my gut echoes the previous advice. (Remember that Disney now has its hands on Star Wars... and Disney's not known for being shy about lawyers. Even if you're technically okay with fair-use, which I wouldn't be sure of not being a lawyer or publisher, they could still bankrupt you in court proving it if they wanted to.)

This may also be an issue that'll be more of a problem if you self-publish, and are totally on the hook, than if you get published through someone who has the kind of People who can straighten these things out. (It's not that nobody can use SW references, it's that it may not be something advisable to attempt on one's own... and this wouldn't be just one passing pop-culture quote or reference, but a recurring thing if your character's nickname and habit of quoting the movies keeps coming up.)

Again, JMHO, and IANAL...
 

cornflake

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It's a commercial endeavour, so it's unlikely fair use would be a thing, though, as always, it's decided in court.

I think the issue with those two things would likely actually not be copyright, but trademark, which can be a worse minefield to travel through. I have no idea who owns the trademarks there, if they are owned, etc., though the Force line could be a copyright thing I dunno, I'd worry about hitting the big ugly TM.

Ask a lawyer who knows, very specifically, about trademark and copyright law, not just any lawyer. It's not uncommon for people to come here and say their lawyer friend does contracts and said it's totally fine to quote song lyrics as long as whatever nonsense. That person believes a practicing lawyer, but the lawyer has no idea.
 

Snitchcat

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Highly recommend you consult a lawyer who specialises in this field and handles such cases. Otherwise, suggest avoiding completely, or rewriting so you quote nothing from the films. A passing, neutral / positive mention may be okay, but, again, check with an actual lawyer.

Internet forums are really not equipped to provide direct / straight / other answers to such specific questions. It's the same as with internet diagnoses...
 
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josephperin

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Easier to give her a new nickname. :D

Thanks to all who answered.
 

Cath

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That being said, while I am not sure who here is or is not a lawer that can provide legal counsel, I've seen several threads closed on the basis that this is intended as a writing forum and not one to get legal counsel on either. So, having seen that, and even from my own perspective - I'd say, talk to a lawyer directly. Best of luck to you though...
A lawyer worth their salt won't give legal advice in this kind of situation because there are too many legal implications for giving absolute answers in a public forum. They could answer that for your situation this is okay, and someone else can come along, see their advice online and take it as fact that their situation is permissible too. Then when that second person gets sued for infringement of copyright, you'd better believe their lawyer is coming after the lawyer who posted online in a public forum...

Quite aside from that, you're also asking someone to do something they have invested many years and much money into becoming an expert in for free.
 

JNG01

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I am a lawyer. To be clear, I'm not your lawyer, and I'm not giving you legal advice here. I am just laying out some baseline information about the realities of copyright infringement litigation. Is there a potential fair use argument there? Sure. But to get through discovery and get to summary judgment and find out whether or not that potential defense works in this case, you're likely going to pay someone like me upwards of $100k. And that's the best day scenario. You could lose, which means you'll also pay actual or statutory damages to the rights holder, along with (presumptively) their attorney's fees (likely to be at least twice what yours were).

So, if the rights holder takes exception to what you did, the potential cost of naming a character "Jedi" and quoting those movies ranges from $100,000 (likely best day outcome) to about $500,000 (reasonable worst day outcome). That worst day can get a lot bigger if your book sells really well.
 
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evangaline

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To throw my two cents in, "Jedi" is trademarked and Lucas Films has brought suits against people who have used it.
 

leighpod

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I have another copyright question if anyone can help me answer it. My publisher has the rights of distribution to a short story. I want to develop this story to a novel. The story will probably be the first chapter of the novel. Will the rights of distribution to the short story have any affect on the novel?
 

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What if a real person had the legal name of Jedi, prior to Lucas Films trademarking it?

This brings to mind the Virgin company bringing an action for infringement of their name against a company called Virgin Doubleglazing. Virgin lost because the proprietor of the doubleglazing firm was a John Virgin.
 

Cath

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I have another copyright question if anyone can help me answer it. My publisher has the rights of distribution to a short story. I want to develop this story to a novel. The story will probably be the first chapter of the novel. Will the rights of distribution to the short story have any affect on the novel?
The internet is not the right place to seek legal advice. Speak to a lawyer expert in this field. If you have an agent, they may be able to help too.

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What if a real person had the legal name of Jedi, prior to Lucas Films trademarking it?
This is an old question, folks. No need to answer.
 
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