Are all names copyright?

[The Neon Seal]

I ask this because when I'm thinking up titles for characters, they are nearly already taken by Marvel or DC and it is utterly infuriating. For instance, I have a character who has many titles including The Manhunter and Nocturn, but upon checking both I found there is already a cartoon character called Nocturn and there is a DC character called Manhunter. I also considered Moonshadow and that turns out to be a comic book character too. Infuriating I tell you! Infuriating! If it's half decent somebody else has it!

 

[Ray McCarthy]

Well, they can copyright, and even have as trademarks, any names that are invented names. Disney made their own names for the Seven Dwarfs. So you can have Snow White doll, called Snow White if she doesn't look identical to Disney's 1937 design, but you can't call your dwarfs the same names.*

Oddly though you can't copyright the title of a book.

Yes, you need to avoid made up names of DC / Marvel other comics. But they can't stop you using real names that they use.

Don't use a rare real name. I forget which book was reprinted when the woman sued. I search names to make sure that there are thousands of hits of different people, but no famous people.

[*The story Bros Grimm wrote or collected doesn't name any of the dwarves]

 

[The Neon Seal]

Thanks for the swift response. *Tips hat*

This is a bit annoying as they seem to have them all already. I could come up with a made up name right off the top of my head right now and it's probably taken by Marvel or DC. I ask because one of my main characters has the title of Wolf, and there are lots of characters already in literature with the title so I was wondering if it doesn't matter as long as they aren't blatantly famous like Batman or The Master.

As it happens I went with more ambiguous titles for the nameless character such as The Wraith and The Hunter. Surely you can't have dibs on such things.

 

[Ray McCarthy]

Wolf is generic.

I don't see why you can't have a Wraith or Hunter either unless the Character's characteristics are the same as someone else's and then that's a bit daft anyway even if the name is different.

If your plagiarising stuff (rather than say satire, or take off like Mystery Men film) then even having a different name doesn't help.

I'm sure Marvel and DC haven't taken all the decent superhero characteristics and names.

Also have look at latin versions with on line translator.

Write the whole thing with suitable placeholder names. At least not a typewriter. Search & Replace is your friend.
When I've finished stories I've often renamed lots of people.

 

[The Neon Seal]

Thanks. Good to hear that generic titles are ok. In the story I am writing at the moment a lot of my characters have titles based on concepts or animals, but there are also stronger comic book elements than in my main wip's which are space opera--and damn, isn't it easier to name stuff in a space opera setting! For them they are just alien names and what might sound cool for a class of soldier--where looking into other cultures is useful.

The one thing that sets the characters in my current wip apart from most other comic book characters is that most abilities are granted via the tech built into their exo-suits rather than anything biological or supernatural. I do have a mutant, but her only ability is the ability to see in the dark like a nocturnal animal might.

 

[Ray McCarthy]

I'm not an IP lawyer ...

I'm only repeating what I think I've read.

 

[The Neon Seal]

I'm not an IP lawyer ...

I'm only repeating what I think I've read.

I can't imagine generic titles being copyrighted as we wouldn't be able to write anything! There are lots of characters for instance with the title of Wolf in fiction, including one by the title of The Wolf, three known just as Wolf, and a bunch of variations. Then again, Wolf is also a title given to people historically too. Therefore I cannot see why it would be infringement to name a character after any actual animal and concepts themselves such as 'War' and 'Death' are just that, concepts.

Then again, copyright law can be ultra stupid at times.

 

[Ray McCarthy]

Titles of books can't be copyrighted. Don't confuse Titles with names of things which if distinctive can become registered trademarks.
Generic names can't be trademarked.
Trademarks and copyright are quite separate.

 

[The Neon Seal]

Titles of books can't be copyrighted. Don't confuse Titles with names of things which if distinctive can become registered trademarks.
Generic names can't be trademarked.
Trademarks and copyright are quite separate.

I meant titles as in the titles of people. The Wolf in my story has a proper name but the title bestowed upon her by the emperor is that of The Wolf. This I don't think can be trademarked as there are lots of examples of Wolf as a name or title for a individual. Like I said, Wikipedia lists one character in literature as The Wolf, three to four simply as Wolf, and lots of variants beside including real life examples.

 

[David Evil Overlord]

Oh, yes. I've been writing my super hero novel since 2009. The main character is a girl with gravity powers. I gave her the super hero name Singularity.

Earlier this year, I discovered Marvel™ are introducing an all-female Avengers™ comic, including a new super hero character called...Singularity.

Oh, and they also had a super villain called Singularity (he's dead now, or as dead as you get in comic books) since 2010.

Now, you might have spotted the timing. I was a year ahead of Marvel™, and I might even be able to prove it. But...that means taking on the evil empire that is the Marvel™/Disney™/Pixar™/Star Wars™ legal department. They probably have an annual budget larger than that of most nations. Enough money to keep me in legal proceedings for the rest of my unnatural life.

Plus, using a name in a Work In Progress, and Publishing a Trademarked™ Character™ Name™ are probably two very different things. Marvel™ can also argue their heroes and villains are household names, while no one's ever heard of my characters, because they are as-yet unpublished.

So I've had to change her super hero name.

And a few months later, I discover a Japanese anime is about to introduce a new super villain...with the same name I've been using for my first super villain. And it's not even a Japanese name! AAAAAAAAAAAAARRRGGHH!!!

P.S. The word superhero™ (as one word instead of two) is owned by Marvel™ and DC™ comics.

 

[Ray McCarthy]

superhero™

Arrrgh!

Disney are determined to renew their IP in perpetuity which is contrary to the original idea of copyright. Trademarks are of course essentially perpetual, unless you prove like Kleenex, Hoover etc that they are now everyday generic words. Google is in danger of losing exclusivity to Google.

 

[J D Foster]

just googled how many Marvel superheros are there, and comicbookresources says 7000 strong.... it's going to be hard not infringe one of those I dare say DC is the same, then there's all the indie comic book companies

 

[The Neon Seal]

I just think it's a given that there will be multiple characters of the same name in lots of different things. The thing is that neither party ever finds out.

Titles like Bear, Wolf, Owl, Hawk, War, Order, Wealth, are so generic though I'm just going to go with them whatever. Screw it. People cannot claim the English language! It's not like I'm going to be calling any of them Batgirl or Wolverine!

 

[psychotick]

Hi,

Always do a USPTO search for book titles and important characters. Because yes, the companies are trademarking the English language one word at a time. I mean "Alien" is trademarked. Because of that I had to title a book Alien Caller instead, even though it had absolutely nothing to do with the "Alien" franchise.

Cheers, Greg.

 

[Ray McCarthy]

Trademarks only apply per "field". So the Studio can't prevent use of the word Alien for something unrelated to their franchise. You can't copyright a Book Title. Copyright and Trademark law are different.

Also some trademarks can't be enforced. Producing merchandise relating to the Alien film series will in practice result in being sued for copyright violation not Trademark violation.

This is why smart companies use made up product words. These can be enforced. Generic words can't in reality be protected by Trademark unless a competitor is:
a) In the same field of business.
OR
b) Passing themselves as the well known company.

But if in doubt seek legal advice from an expert (not a random lawyer with no expertise in the area)/

 

[The Neon Seal]

You can also have multiple books with the same title. The book I am currently working on is called 'The Relic'. It was originally going to be called 'Relic' but on Kindle there is a bunch of books with that name, so I changed it to 'The Eve of Destruction' only to discover there were even more books with that title, so I went back to 'Relic' and tagged 'The' to the beginning just so it will stand out more.

As long as you aren't riffing off a franchise I think you can call a book whatever. Hence multiple books having the same name.

 

[Ray McCarthy]

"Dancer's Luck" is an SF and also a Ballet story