TV and movie characters in comics...

VichoFriedli

Hi, this is my first post here! I hope I'm posting in the right category...

I am looking for information about the use of tv characters on comics. I have an idea for a comic where various tv and movie characters appear (eg. Sheldon Cooper from The Big Bang Theory or Dumbledore from Harry Potter). They are not the main characters, but they are important characters in the story. Does anybody know if I would be infringing any copyright laws when including these characters on a free online comic?

Please help, thank you very much!!!

Trev

Yes, you are infringing on copyright unless it is covered under parody/satire rules.

You would have to rely on characters in the public domain for that to happen. Given the relatively short lifespan of television and film, and the protective nature of the studios, you will have a very hard time.

Film first started in roughly 1905 and broadcast television in the late 1940's (i think around 1948).

Alternatively, you could license everybody you want to use, but that would probably be too expensive for a comic.

See Mad Magazine for examples of Parody in comics using TV and Film characters.

VichoFriedli

Thanks for the answer! Where can I read more about the parody/satire rules? I think it would be covered by that...

VichoFriedli

I found this...http://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf

It clears a lot of questions. I think my idea could be considered as Parody or satire, but I have to be very careful as to make it very obvious within the story...

Thanks again Trev! Your answer was very helpful!

nweathington

Parody/satire exemptions generally cover one-time use only, so if you’re planning a long-term story over several installments, you might still be subject to infringement lawsuits. And whereas J.K. Rowling is supportive of not-for-profit fan fiction (especially if charity is involved) and would most likely let it slide, film and TV producers are generally not. Probably the worst that would happen is you would get a cease-and-desist letter and a firm but polite request to remove the material from your site, but you never know.

SolitaireRose

Parody is tricky. Seth Green has talked about how they are able to use copyrighted characters in Robot Chicken, and says that the premise has to be one in which:

A) The characters are CLEARLY starting off doing something they would do normally, but can then change to humor. You can't have Batman working in a diner, but you can have Batman's wallet get stolen and he has to work in a diner to pay off the lunch tab he get when his wallet was stolen.

B) The characters aren't used in a series form. You can do a story where the Smurfs resort to cannibalism after they realize they have no food source, but you can't do it week after week.

I say do what MAD does: Change the characters enough that you can call them parody...like Batman becomes Ecchman and the like.

fredzilla

Maybe a dumb question, but doesn't WB own both MAD and DC properties? Or is it they own the principle license to publish/produce products? I realize this can still be copyright infringement, but it seems silly like family in-fighting. Wouldn't be the first time either.

SolitaireRose

Warner owns both NOW, but when they were doing their parodies back in the 60's, MAD was still owned completely by Bill Gaines.

And they got sued for their parodies and, in a Court decision, defined the right to parody. http://en.wikipedia.org/wiki/Irving_Berlin_et_al._v._E.C._Publications,_Inc.