Question

Original Cyn · Post by **Original Cyn** » 02 Oct 2008, 23:10

Say I wanted to use a character already created and made famous by another author (ie Van Helsing from Bram Stroker's Dracula)
Can I do that legally or do I have to get some sort of permission first?

Niphredil · Post by **Niphredil** » 03 Oct 2008, 04:15

Just a guess, but I'd imagine it would depend on copy-write, so older books like Dracula you'd be fine with but including Harry Potter may be a no no without permission.

It an awkward position anyway isn't it, as you can only ever really be copying the name...the character you write into your story will be your interpretation of, for example, Van Helsing rather than Bram Stoker's and so technically a different character. Interesting. After all people have been using and reusing the same stock characters for all of time with only a slight change of name, though I suppose thats different from using a character complete with personal history. Fan fiction seems to have no trouble flourishing, but then that rarely seeks profit.

Do post you answer if you find out for definite, I'd be interested as to the outcome

Niphredil · Post by **Niphredil** » 03 Oct 2008, 04:15

Just a guess, but I'd imagine it would depend on copy-write, so older books like Dracula you'd be fine with but including Harry Potter may be a no no without permission.

It an awkward position anyway isn't it, as you can only ever really be copying the name...the character you write into your story will be your interpretation of, for example, Van Helsing rather than Bram Stoker's and so technically a different character. Interesting. After all people have been using and reusing the same stock characters for all of time with only a slight change of name, though I suppose thats different from using a character complete with personal history. Fan fiction seems to have no trouble flourishing, but then that rarely seeks profit.

Do post you answer if you find out for definite, I'd be interested as to the outcome

roddglenn · Post by **roddglenn** » 04 Oct 2008, 10:04

I think it does depend on copyright, so as Niph says if the book that the character first appeared in is out of copyright protection then no problem. But to get permission for a character from a book still in copyright would probably cost you a small fortune.

Original Cyn · Post by **Original Cyn** » 04 Oct 2008, 14:14

Here's what I found out:

The copyright on Dracula has expired. I know it--the publishers know it. Now you do, too!

Dracula and anything/anyone else in Stoker's book is in something called The Public Domain. This is a cool thing. Learn about it. Enjoy.

When a work is in the public domain it means anyone can write a story using that universe and it is TOTALLY OKAY!

Because it is in public domain any character from the original Dracula is open for use! I do not own the copyright to Stoker's Quincey any more than I do for Shakespeare's Hamlet.

So I guess that answers my question on Van Helsing anyway. But its like Niph said...it really becomes your interpretation on that character maybe just with his famous name attached.

Still not sure if I want to include him or not. I had a character "loosely based" on Van Helsing but with a different name...I was just thinking if it might be better to actually call him Van Helsing.