Asked by: Mike Kim

Can fictional characters have the same name?

There are only so many words in the English language, so it’s inevitable that, of the thousands of characters in fiction, some will have the same name.

Can a character have the same name as a real person?

As others have mentioned, people can have all kinds of names. However, it could become a character defamation issue. Suppose your “Aaron Hale” has obvious parallels with real Aaron Hale, and in addition to that, you gave some really bad traits to this character.

Can I name a character after another character?

If you name your characters a normal name (from any culture), its fine. If you name a character something that is made up, and already taken (like Aragorn), then you might run into some issues.

Can I mention fictional characters in my book?

But the point is that fully drawn literary characters are generally subject to copyright protection, and the copyright owner will often be able to prevent others from using the character in other works without permission. But the legal principles are by no means simple.

Are character names copyrighted?

IANAL disclaimer but generally character names themselves cannot be copyrighted. They may be trademarked but only if the literary work/movie/or a related product were named after the character. So, trademark would only come into play for secondary characters in widely merchandised works.

Are movie characters copyrighted?

Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights. To obtain this type of protection, a creator must prove that the characters are sufficiently unique and distinctive to merit this protection.

Can someone sue you for using their name in a book?

Misappropriation of the Right of Publicity

Using someone’s likeness, name, or identifying information for advertising, promotional, or commercial purposes may get you sued. Whether the person is a private individual or public figure, you would be liable for damages, including punitive damages.

Can you use someone’s real name in a book?

The First Amendment usually wins unless the work is purely advertising, including political advertising. Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed.

Is it illegal to base a character on a real person?

Using real people in your fiction—whether they are correctly named or not—can be legally hazardous. If an author includes enough details that a specific fictional character is identifiable as an actual person, that person could possibly pursue legal action.

Are you allowed to mention other books in a book?

You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.

Can you reference Harry Potter in a book?

Citation Data

Rowling, J. K., author. Harry Potter and the Sorcerer’s Stone. New York :Arthur A. Levine Books, 1998.

Can I quote a famous person in my book?

You DON’T need permission:

To use quotes from famous people as long as they are used in a brief and positive or neutral way to support your independent work – and with proper attribution. To quote or reference the title or author of a work such as books, poems, movies, TV shows or songs.

Can you use a quote without permission?

According to US copyright law, the legal rights to a quote belong by default to its author (or speaker). Quotes are considered intellectual property, which is protected under the law.

Can you name celebrities in books?

The good news is that celebrity names are not copyright protected, just used as a name. If the name is only used to describe the person, it is not covered. However, we do need to cover something called secondary meaning.