So how does copyright for this case work?

[matuty74]

Alright, I want to use a character from a published franchise really badly in something I might want to publish. I do not in anyway want to claim said character as my own. Out of the story I have created, 99% is original.

So how does this work? Do I just say that the character belongs to the other company and give them credit for using him, or do I have to ask them for permission? I am asking because I have seen so many parodies that get away with using other people's work (8-bit Theather and OotS for example), but I am not intending parody in anyway. I placed it this forum since I want to borrow from existing media (once again, not claim this character as my own).

[Raistlin1040]

I am not a lawyer. I have never studied any type of law. I am, in fact, a 14 year old. Take what I say with salt. Lots of it.

I'm not sure you can. There's a law somewhere that says you can use other people's characters for acts of parody and things similar. Therefore, if I wanted to write a comic, and the premis was a reality show that various fantasy characters competed in, I'm pretty sure I could.

Also if you have express consent of the original creator, you can use their ideas (See: Star Wars Expanded Universe). However, I'm not sure you can use a character without first obtaining this permission. I mean, if you wanted to use Darth Vader for something like this "John looked at his DVD collection, Star Wars catching his eye. He chuckled, fondly remembering his childhood days spent watching these movies over and over, memorizing every line, even going so far as to imitate Darth Vader's lightsaber moves with a mop." That would probably be fine. But if you wanted to do anything more, you'd most likely need some kind of written consent from the creator.

Again, this is all just speculation.

[Foeofthelance]

Depends. How is the character being used, and how much of an impact do they have on the plot? Is it a one scene shout-out? That will probably be ignored. Do they become a key part of the plot? Probably not, unless they're a Clive Cussler plot device, which is pretty much a shout-out anyway...

[Jack Squat]

I am not a lawyer, and the most expertise I have on this subject is on reading up on fair use and copyright, which is avaliable online.

That being said, from my understanding, you can use any copyrighted piece as much as you want if it's for parody, private use (if you aren't publishing it), or if you're not profiting.

that last part is tricky, because profit doesn't have to be money. My best suggestion is to go ahead and get the endorsment of the creator, or use him for parody.

As to the example with Darth Vader, the character is copyright, the name isn't. I can say Pepsi as many times as I want and nothing will come of it, but if I find out how to make Pepsi and start selling it, even if I call it something different, I'll get in trouble.

[Admiral_Kelly]

Be original and make up your own character and you will not have a problem. That simple, really.

[SurlySeraph]

Just make an Expy (http://tvtropes.org/pmwiki/pmwiki.php/Main/Expy) of the character.

[matuty74]

Thanks for all the advice! I'll probably just change the plot around and make a new character to fit the role.