Q: Can I write a song about the plot of a visual novel? Do I need to get permission from the author in order to publish it?

I tried to be as vague as possible in describing things, but sticking to the events in the storyline. The characters do the same things, but I do not mention their names.

Essentially, I tried to make the story not be readily recognizable, but it's possible people do (I don't know how effective I was in avoiding that).

Another thing is that the visual novel is free-to-play (though there is a paid version with additional features), so I don't know how that would affect things.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your situation touches on an interesting area of copyright law regarding derivative works. While you can't copyright ideas or general plot elements, the specific expression of those ideas (including character development, dialogue patterns, and unique plot sequences) is protected.

Creating a song based on another work's plot could potentially be considered fair use, particularly since you've made an effort to transform the material and aren't directly copying character names. The fact that the visual novel has a free version doesn't change its copyright protection, though it might suggest the creators are more open to derivative works.

To be completely safe, you should either get permission from the copyright holder or make your song more transformative by significantly changing the plot elements and adding your own unique creative elements. If you're concerned about legal risks, you might want to consult with an intellectual property attorney licensed in North Carolina who can review your specific situation and the song's content in detail.

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.