Can you use Edward Cullen as a character in your story?
2 Sep
A couple weeks ago, a YWSer asked me an interesting question: are character names copyrighted? He had received what appeared to be two different answers on the question, but which I told him was really the same answer told two different ways.
The short of it is, no, character names are not copyrighted. You cannot copyright short phrases or names, and that of course extends to the names of characters. So you could use characters named Edward Cullen, Indiana Jones, or Luke Skywalker in a story about how Luke and Indy relentlessly poke fun at Edward.
However, the characters themselves can be copyrighted. So while the name of the character isn’t copyrighted, the character itself could be. That means that while I can use the name Luke Skywalker, I can’t really write about Luke Skywalker (or at least, I can’t profit from doing so).
As you can imagine, there are a lot of fine lines here. Firstly, not every character can be copyrighted; the character either needs to be described very specifically or one of the central characters. Secondly, what if I wrote a story set in 2560 AD about a war between Mars and Earth and one of the starfighter pilots is named Luke Skywalker? The connection between my character and George Lucas’ character is pretty obvious, but then again there are significant differences between the two. Still, I’d probably be okay doing that, unless George Lucas has trademarked the name.
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