A question on copyright for referencing someone else’s work.

[Phyrebrat]

Hi all

Delighted to find out that my favourite giallo La Casa Dalle Finestre Chi Ridono by Pupi Avati is now available on Prime to buy (£4.99).

It’s an outstanding film and there is a backstory about a perverted artist called Legnani. I’ve been using the name in my third book as a placeholder but I’d actually love to use it.

By law it’s someone else’s IP so the answer is no, however I wanted to know if anyone had any advice about who to contact to ask permission.

Thanks for any help.

 

[Toby Frost]

I suspect that the surname itself wouldn't be: if I call a man "Smith", other people called Smith won't have any hold over the character. That assumes that it's a real surname that a decent amount of people have, and that people won't immediately connect it with this character.

 

[The Judge]

It looks like you really do need my TJC on ownership of characters... (Coming next month, folks. Possibly.)

Anyhow, Legnani is not a particularly common surname in Italy, but it's not vanishingly rare, either. If you just want to call your character by that name you don't need anyone's permission. But (as always) do check as far as possible that you're not inadvertently defaming a real person.

If you're intending not only to use the name but also to use the actual character from the film then that's a different matter, though it might depend on what you're planning to do, but frankly I'd advise against it. You'd have to find out who owns the IP over the character, which might not be easy to discover -- it might not even be someone involved in the film eg if the character is based on another work, like an earlier novel.

 

[Phyrebrat]

To be honest, using the name is in no way critical to the story, more just for me. I’ve contacted some people within the giallo industry/fandom to see if they know how I can contact Pupi Avati but I think he’s passed away.

I can change the name easily — or even use it as an uncommon name, but that seems disingenuous and dishonest. I’ll probably just use a different name. There’s a big tradition in contemp horror to refer to other things in pop culture so it’s nothing new, but I’m not Stephen King so I bet it’s different for me.

Thanks for the help.

 

[Jo Zebedee]

To be honest, using the name is in no way critical to the story, more just for me. I’ve contacted some people within the giallo industry/fandom to see if they know how I can contact Pupi Avati but I think he’s passed away.

I can change the name easily — or even use it as an uncommon name, but that seems disingenuous and dishonest. I’ll probably just use a different name. There’s a big tradition in contemp horror to refer to other things in pop culture so it’s nothing new, but I’m not Stephen King so I bet it’s different for me.

Thanks for the help.

Easter eggs are normally accepted as a homage so I think you’d be okay.

 

[Astro Pen]

I'd use a similar name and save myself from navigating an ocean of worry, the hurt of rejection, legal correspondence and confused readers.

However I understand the feeling. My first novel features lead characters Jonathan and Joan. I liked the subliminal 'J' linkage. Editor wants to change Joan to something without a 'J' but it just feels wrong when I swap Joan for another name.

 

[Parson]

I'd use a similar name and save myself from navigating an ocean of worry, the hurt of rejection, legal correspondence and confused readers.

However I understand the feeling. My first novel features lead characters Jonathan and Joan. I liked the subliminal 'J' linkage. Editor wants to change Joan to something without a 'J' but it just feels wrong when I swap Joan for another name.

If this is simply a matter of taste, than it is your taste that matters.

 

[The Judge]

To be honest, using the name is in no way critical to the story, more just for me.

But if you're just using the name, not the character, there's no problem -- you can do that without needing any consent or permission. Stop fretting about it and just do it!