Q: Can you mention movies names in a book?How about characters?
These are some Examples
A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.
Their dialog is where I am in doubt
"So we are in some mess up real life hunger games, huh?."
"Yeah, all I know is that if any of you, tries me; you're getting bane. Just like those cabrones when I get out of here."
"Wow there , John Cena. Lets not star saws each other just yet."
"Maybe drop the Ring girl look and we will see."
"Whatever Mr. Bane. Why not superman punch us and start us off"
Or this
"Hey, bro. Why haven't you gone all Jonny Bravo on the new girl? "
"Cause I did be crazy. How about you Samurai Jack, why hadn't you challenged the new guy in your club to a duel?"
Would these be fair use or would I be in trouble?
A:
Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's generally acceptable to mention these elements in passing or as part of characters' conversations to establish context or convey their personalities and preferences.
However, you should avoid using copyrighted material in a way that could confuse readers into thinking your work is associated or endorsed by the original works. For example, extensive quoting from movies, mimicking distinctive styles, or using characters in a way that suggests they are part of your narrative could pose legal issues. The dialogue examples you provided seem to be brief and used to illustrate characters' situations or attitudes, which typically falls within fair use, but context matters greatly.
Lastly, when in doubt, it's wise to consult with a legal professional knowledgeable about copyright law. They can provide specific guidance tailored to your work's content and the context in which you're referencing these movies and characters. Remember, while many uses can be considered fair, the line can sometimes be fine, and professional advice can help navigate these nuances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
