I am trying to determine if there is a trademark or copyright on a novel's character(s) and their names??
If anyone is familiar with Charlotte Bronte's Jane Eyre and another novel written about Rochester's original bride, the mad wife Antoinette, then I believe you will agree a precedent has been set by Jean Rhys in her novel Wide Sargasso Sea. The precedent being the fact that an author used an obscure character from another author's novel as the main character in her novel.
How did she get around trademark and copyright infringements? Your feedback is appreciated!
Posted by ricree101 (Member # 7749) on :
Bronete died in 1855 according to wikipedia. Her works would have almost certainly passed into public domain by 1966 when Wide Sargasso sea was written.
Posted by fugu13 (Member # 2859) on :
Back then copyright terms weren't nearly as long. Bronte's copyright only lasted 28 years with a 14 year extension (14 years with 14 year extension if published before the revision in 1831).
Thus by 1909, when copyright was next extended, the works had already fallen into the public domain and were ineligible for extension.
Trademark wouldn't be an issue at all.
Posted by ricree101 (Member # 7749) on :
quote:Originally posted by fugu13: Back then copyright terms weren't nearly as long. Bronte's copyright only lasted 28 years with a 14 year extension (14 years with 14 year extension if published before the revision in 1831).
Thus by 1909, when copyright was next extended...
Ah yes, the fun of infinite copyright extensions.
Posted by Dagonee (Member # 5818) on :
BTW, trademark could be an issue with some characters, and there is no real term to them. If the trademark were continuously used in commerce, it wouldn't expire.
Posted by Elizabeth (Member # 5218) on :
Dag, since you are there, I have had a question for you I keep forgetting to ask.
My daughter is twelve, and wants to read the laws of the land.
Where would she start? The Constitution? COuld you send me a list of books/links that might help her out. I asked her if she was studying for the bar a few years early, and she said yes, she was. Ha.
Posted by Dagonee (Member # 5818) on :
Awesome. I would definitely start with the Constitution. After that, I'm not sure. Let me think about it.
What type of law is she interested in? Criminal law and torts get the most popular coverage - The Practice, Law & Order, Boston Legal, etc.
If I had some focus, it would help me look for suitable books. How advanced is her reading level? I have some Examples & Explanations books that might be good - the text is dry, but there are lots of hypotheticals with detailed answers. That might be interesting for her.
If she's interested, have her pick a topic and I'll ship one to you.
Posted by Elizabeth (Member # 5218) on :
She says she wants to read about "crime." I pointed out that any broken law was a crime, basically. I also pointed out that the reading is rather dry, and she says she knows.
I think she would like the hypotheticals.
See is one of those people who is perfectly behaved, and fascinated with the dark side. I could see her either as a judge or a psychologist, so far.
Posted by Dagonee (Member # 5818) on :
Darn, I don't think I got the examples book for criminal law. Let me look for it.
Posted by Elizabeth (Member # 5218) on :
Well, what do you have? Don;t worry too much about it, as I cannot guarantee any follow through!
Posted by Troubadour (Member # 83) on :
I don't think you've got too much to worry about - check out Jasper Fforde's works at some point. Almost ALL his characters not just named for other prominent literary characters, but actually *are* the characters.