Q: How do authors use "Behemoth" without infringing IP rights?
I'm curious about how authors of Japanese titles, such as "I'm a Behemoth, an S-Ranked Monster, but Mistaken for a Cat, I Live as an Elf Girl's Pet," manage to use the term "Behemoth" without infringing on the intellectual property rights that might be claimed by the video game series Final Fantasy. Specifically, how can authors protect themselves when using terms that are also used by video game franchises?
A:
When you're dealing with terms like "Behemoth," it's important to remember that many video games, including Final Fantasy, often draw on mythology, religion, or folklore. "Behemoth" itself originates from ancient Hebrew texts and has existed for centuries, making it part of the public domain. Because it's not unique to Final Fantasy, the creators of the game cannot claim exclusive ownership over its general use in fiction.
To protect yourself, you should always ensure that you're using the term independently of the specific attributes or designs uniquely established by the game. Avoid direct references or visual similarities that could imply you're copying Final Fantasy’s distinctive version of Behemoth. Your depiction should rely more on traditional or original characteristics rather than recognizable elements associated solely with that franchise.
Finally, remember that intellectual property infringement typically occurs when specific creative expressions, such as characters, designs, or story elements unique to a franchise, are directly copied or closely imitated. Using terms from mythology or public domain sources, as long as your interpretation remains distinct from established intellectual property, is legally permissible. If you're ever uncertain, consulting with someone experienced in intellectual property law can clarify whether your usage might unintentionally infringe on existing rights.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.