Not sure if this fits (Super hero related)

[firestorm78583]

I have an issue. The story I'm currently writing deals with a new group of superheroes in Texas. That's not the issue. The issue I'm trying to figure out is...
The other heroes are also in my story. By that, I mean Superman, Captain America, etc. exist in my story. Now, I'm not actually using them in the story, but I refer to them. My characters and the DC/Marvel characters do not interact, and I am not attempting to write a story about the copyrighted characters. The only thing I am doing is acknowledging their existence. One of the ideas for my story is that all the superheroes live in big cities. My characters live in more rural areas.
Here is a sample from my story illustrating what I mean;

"Something I can't figure out," James started. "If those things fell out of the sky, how come Superman or someone else didn't spot them and take care of them before they hit the ground?"
"James, this is South Texas. When was the last time you saw one of those guys anywhere near this area?" Chip answered. "You'll have a better chance of seeing Ambush Bug or the Inferior Five down here before seeing Superman or Iron Man. Those guys are all based in big cities, and they're comfortable there," He took another bite, and kept talking. "Let's face it. Until a super villain decides to move to the suburbs, the Avengers or Justice League are going to stay in places like New York, Los Angeles, and Gotham. I mean, we have Titans East and Titans West. Who ever heard of Titans Midwest or South?"

Now, after saying all this, (I'm long-winded) is referencing a character in this manner enough to get slapped with copyright infigement?
Inquiring minds want to know.

[Kessie]

Seems like just mentioning the names ought to fall under fair use, but I don't know.

Also, your tiny bit of story premise there makes me giggle. Superheros in the suburbs? Care to share a little more? :-)

[tris]

I'm pretty sure it falls under the fair use issue. It would be the same if you mentioned Kleenex or had your hero use an IPad. Your story premise does sound interesting. Keep us posted on its progress. This is one story I'd like to read.

[Kessie]

Here's the Wikipedia on Fair Use: en.wikipedia.org/wiki/Fair_use

Seems like your useage falls under it, since you're only mentioning a name and not using the character, but it might take a little more research to pin down for sure.

[rjj7]

Though you might get a bunch of angry fans on your door for mixing the Marvel and DC universes.

[Divides the Waters]

This could actually still be a problem, since by alluding to them as real characters, you are doing more than just referencing them; you are writing in their fictive universe, which is DEFINITELY copyright infringment.

[Kessie]

I suppose you could always change the names to something parody-similar.

[Divides the Waters]

Better yet, just make up your own heroes. It will enrich your story, and be less derivative.

[firestorm78583]

I appreciate the feedback. I hadn't considered the DC/Marvel universes as an issue, considering the two companies' collaborations in the past. (remember Amalgam?)
I like the idea of using parody names.
As far as background, here goes;

I came up with the idea for my story back in high school. I realize that was the 80s. I'd been compiling ideas and writing story parts all this time. I finally decided that I'd best get to writing, or I'd lose all this research and forget the story I had formulated in my head.
My characters are in South Texas. Chip's rant (See above) tells part of the premise. New York should have close to 0% crime rate, considering how many heroes live there in the comic book world. Also, Back in the 80's Batman and The Outsiders was published, in which Batman left the Justice League, beause they sat around in their satellite or were off on some space mission. Bottom line, they weren't solving crime on Earth.
My idea for my story is, because there are so many heroes in well populated areas, that the criminal element decides to move to the suburbs and beyond.
I decided to have a group in Texas, because I've always been told "Write what you know".
The origins of my characters and their reson for locating in Texas turns out to be a ruse, so don't expect them to stay there. I already have a sequel in the works where they go to Great Britain.
More later.
Thanks again,

Will

[Kessie]

Well, once you get it written, I'll volunteer for critiquing. :-)

[Divides the Waters]

Nov 17, 2011 17:46:15 GMT -5 firestorm78583 said:

I appreciate the feedback. I hadn't considered the DC/Marvel universes as an issue, considering the two companies' collaborations in the past. (remember Amalgam?)

There is a vast legal world's worth of diference between two licensed franchises coming together and hashing out a deal to work with each other for the sake of expanding fanship, and a writer independently telling a story that happens to be set in the mutually shared universe, even if only tangentially.

"Gotham" is the poetic name for New York, and "Metropolis" is just another name for a big city which is clearly New York as well. You could just refer to New York's plethora of heroes. The notion of superheroes being almost commonplace was explored to great humorous effect in The Tick. Depending on how serious your story is, you could go with the parody names, or you could just do a rough-cast of alternate heroes. I haven't read Watchmen, but I gathered that was kind of a dark take on the superhero genre, with each character having their own godlike powers reminiscent of other more famous ones, but still unique to that universe.