1. I know that you can use brand-names in your writing, but what about real people. They do unauthorized autobiographies, right? Can I make a reference in my book to a real person? I mean, not even using him as a character, just mentioning him?
2. Tricky parody question. Let's say I'm writing a parody. Now, I consider it to be a parody of a genre because it's questioning a lot of basic principles of the genre. For example, what if I am writing a parody about what would REALLY happen if the characters from a movie or book were put into real situations (erghh...I'm trying not to give anything away). Could I use, say, Darth Vader's character, or Captain Kirk's. I know I would be safe if I called the character Derth Marauder or Captain Spirk, but I don't really want to do that.
posted
I can't answer your first question, but I can answer the second.
As it turns out, you even have to be careful with parodies. My Dad used to do set design for a local playhouse. They were doing a Star Trek spoof, and Paramount found out about it(from a competing playhouse). They soon had a huge lawsuit on their hands, and had to shut down production due to the suit. They weren't big enough to fight Paramount.
I think in most cases you can get away with it, you just have to be very careful. Find out what is protected and what isn't. Is Capt. James T. Kirk licensed by Paramount or Darth Vader licensed by Lucasfilms? They are usually very specific in licensing. Maybe you can find a loophole.
posted
They were not great movies, but Galaxy Quest and Spaceballs were good models for parodies. Everyone could tell Tim Allen was doing Captain Kirk and Rick Moranis was doing Darth Vader. Yet neither movie actually used a trademarked character, spaceship, or bit of jargon.
IMO the best parodies refer to works so old that they are not covered under trademark or copyright laws. Young Frankenstien and Monty Python and the Holy Grail come to mind.
Printer-friendly view of this topic
