I have a situation where two characters connect over their love for Harry Potter and Lord of the Rings. Can I reference these pieces of work or do copyright issues come into play?
Thanks
Not a problem in the U.S., but possibly a problem elsewhere.
TV: http://ihatemydvr.blogspot.com
LOST:http://eyemsick.blogspot.com
Is there a reason it MUST be Harry Potter and/or Lord of the Rings for the scene and for the story to work?
Write the story, not a pop reference chart.
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Thanks. Could you see an issue if we wanted to show short clips of each film? E.g. a character watching them on TV.
shareShowing actual clips is a much closer call. I would avoid that if you can.
TV: http://ihatemydvr.blogspot.com
LOST:http://eyemsick.blogspot.com
Yes there is.
shareFor Christ's sake, man - what is the meaning of that!?
Did this become "Intervention: Pop Culture" or something? And how do we know he needs one?
Everyone on here really needs to calm down with the life advice, it's really not always appropriate, I don't know that it is ever appropriate, but certainly not here. It's one question. Can we try not to judge a person's entire writing style based on that?
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There's no such thing as the establishment. Everyone knows that!
If you need to use someone else's character to make the story you are writing work then it is not your story, is it? If what "your" characters say and do depends on it being tied to a previous movie then it is an extension of that other movie.
That is where fan fiction runs into the rights of the creator, and that confrontation is much akin to trying to kick-box against a high speed train.
It is a simple question of legal and ethical behavior.
Go back and look at the first question he posed. Does it not fall under the banner of How much can I get away with?"
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If you need to use someone else's character to make the story you are writing work then it is not your story, is it?
He didn't ask if he could write a story with the characters, he asked if he could make a reference without infringing on anyone's copyright. - If his characters were allowed to talk about these things because they love them so much. To me it's almost a silly question, because of how simple the answer is, but it's a valid one if you don't know the answer. To you it's a silly question because it... what - makes him a hack? Very few contemporary writers would be in business if the answer to his question was "no"
If what "your" characters say and do depends on it being tied to a previous movie then it is an extension of that other movie.
That is so rigid as to be nonsensical, maybe it just means his characters exist in a world, much like our own, where those properties exist, and there is an appropriate analogy, or familiarity and kinship to be found in dredging them up.
That is where fan fiction runs into the rights of the creator, and that confrontation is much akin to trying to kick-box against a high speed train.
Alright, I'm not going to get into an ethics debate with you about the nature of fan fiction, because - clearly - based on your position we'd be here for the rest of the year. The important thing to note here is that the question had nothing to do with it. So I can't believe you'd even bring it up.
It is a simple question of legal and ethical behavior.
No, it really is not. - Well, for him it is... but it is an entirely different question. And the answer is: it's not unethical or illegal, so do what you want.
Go back and look at the first question he posed. Does it not fall under the banner of How much can I get away with?"
Not remotely.
You completely jumped the gun on this one, colcam. You are being unreasonable.
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There's no such thing as the establishment. Everyone knows that!