So, my first 3 books are copywritten. I did this when I thought everything, but the technique was done. Yet, I realize that a character in one of my unpublished books has a name that I’m no longer into. She was based off a fictional character and the personality never struck with her name. I think I finally have a better name for this supporting character that will appear a few times.
So, what happens to her when I change the name? Does this put her into a copyright limbo or is this something that isn’t important?
An aside question, I found out that I mistakenly named a character in Darwin’s story ‘Hermione’. Mistakenly only because I made this character before I gave much attention to Harry Potter. It was a late night of looking through a name site and that one hit me. I wrote it down, filed it away, and never made the connection until it turned up again a few months ago. So, what happens when two characters share the same name? Is the name ‘Hermione’ now off-limits since it isn’t a common name? Yes, I wonder about crazy stuff like this and will probably try to hunt down for a new name. She’s a trouble-making gnome, but nobody is going to care about that.
Legends of Windemere 
You should be safe with the name. If the character was named Harry potter I would say change it. There are really no thee drastic similarities so it shouldn’t be an issue. One of my traditional pubs has a character named Elvis.
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Thanks. The worst I’d have to deal with is having people think I stole it because they don’t realize it’s a real name.
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No matter what you choose someone will associate it with something. I have a character named Amie Nichole in one book and was accused of ripping off Anna Nichole Smith even though my character is like 4
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Yup. With a main character named Luke, I’ve already had a few run-ins.
I just have to figure out the first part of the post now. I should be fine once the book debuts though.
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I’m going off of common sense (there are wacky laws out there, so this may not be reliable), but you shouldn’t be able to copyright a name. It might be different if you took a more blatantly self created name, like… I dunno… Yugioh! First thing that came to me. 😛
But Hermione is, as far as I know, an actual recognised name, so it can’t be copyrighted.
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I guess my concern isn’t so much the copyright with that one, but if it’s a risk or in bad taste. The copyrights were more about the first part.
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Hmm don’t know about the first one, but I don’t think there is a copyright on character names. Otherwise we could never use a ‘Harry’ in a story again. The fact it’s not a common name has nothing to do with it. You are not using the full name (first and last) so that won’t be a problem.
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She has a last name?
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Granger! You need to read more 😉
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I thought it was Watson. 😛
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Yes, Hermione Granger.
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I wouldn’t have associated Hermione of your book with the Hermione in Harry Potter books. There’s a vast difference between both of them. Don’t change the name, I’d say…
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Thanks. I’m just leery of getting into trouble with names.
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I bet you won’t!
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I agree with Ionia (that will be $300) Your copy write covers the work that is substantially similar to your submission. Of course name protection is more Trademark law than copy write. No I am not a lawyer but play one on TV
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Thanks. That clears up a lot. I’ll discuss the $300 with my account, who is nothing more than a baseball cap on a large King Kong plushie.
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🙂
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As mentioned above, you can’t really copyright a name, however, you can a character. So if another author were to use your exact same “character” in one of their works, that is infringement. However, if it is fan fiction and they aren’t making money off it, well I think that is okay (imo). It gets pretty crazy, and infringement is honestly hard to prove. So unless you plan on hiring an expensive attorney… I wouldn’t worry too much about it. I wonder if our lawyer in the RCC knows anything more about it…
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Thanks. Now, I just need to ask a certain person if it’s okay to change the supporting character’s name to their own.
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As greenembers said, you can’t copyright names. BTW, I did a quick google on Hermione. You in the clear. 😉
F, Ancient Greek, Hermione, Not Defined
F, Greek, Hermione, well born stone feminine name derived from hermes in greek mythology;hermione was the daughter of king menelaus of sparta and helen of troy
F, Shakespearean, Hermione, the winters tale queen to leontes
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Didn’t get that much history out of it. Just found out that it meant ‘earthy’ and had Greek origins. Thanks.
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The wonderful thing about copyright is, when it comes to expressions of art (be that writing or drawing) as soon as it spawns into creation, you own copyrights on it. So changing your story doesn’t change the fact that it’s copyright to you at all. Now if someone copied your book and registered a copyright on it at one of those annoying copyright databases (that people use to capitalize on us artists), you may have trouble proving you had the first copyright, but that doesn’t make yours any less valid. feel free to change things all the time. as for the name.. there are only so many names in the world.. you don’t have to feel bad someone else used the same one ^^ famous or not. if it fits the character, keep it. you can’t copyright names.. and you can only -sometimes- trademark them. Harry Potter is probably trademarked (because it’s used on a ton of items as a brand name) , but Harry Daniels? Nope.
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Ah, Harry Daniels. The unknown son of Jack Daniels whose peanut-flavored whiskey never made it off the ground. 😛
I’m always nervous about copyrights since I met an author a long time ago, whose idea was taken by someone and put under copyright. I try to be careful and protect myself since then.
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I’m no lawyer but I believe copy write covers a piece of work it does not however cover titles or names… that would be trademark. so little Luke figurines would be a matter of trademark and not copy write infringement… and as long as you don’t change the premise of the story by changing a characters name I believe the copy write stands… if however you alter the story line another copy write my be required as you have in effect created a new intellectual entity…
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Makes sense. Thanks.
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I say keep the name. I’m using that name in one of my books, as a matter of fact!
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Then well have to fend Rowling off as a team. 😉
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Sounds like a good plan! You get your sword and let me go find my cow stick…
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Done. Though, we might need the bear spray. 😀
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I’ll supply that too! 😉
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Name your character whatever suits you and the character. Names and titles are not copyrighted. I was just thinking about names today. Seems like everyone who has written a book set in the south has a character named Hamilton either as a first name or last. It is a family name for me. I have cousins named Charles Thomas Hamilton, Charles Franklin Hamilton, Ernest Hamilton Wright, my father’s business is Hamilton Insurance, everybody calls him Mr. Hamilton even though it is not his name, Hamilton GA is the county seat from where I came from in GA and I have tons of relatives named Hamilton. When I named the characters in my book, Hannah and Sybil who are cousins Hamilton… I did not realize how many other books use that name. Danielle Steele and a host of others have used it I just recently discovered. At least I know it is authentic….and no, Sybil does not have multiple personalities…like someone recently related. Sybil was really my cousin’s name. You give your characters their own personalities, not what someone else has written.
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I never noticed that. Wonder why that’s such a popular name. Fantasy tends to have a lot of Mark’s and David’s at times, but those are typically supporting characters.
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They are common Biblical names. I like Tolkein’s names. They are more ancient without being Biblical. And then there is Boewolf…who ever heard of such a name?
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Gilgamesh is another fun one.
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I wouldn’t want that one, but I lived with Koone for sixteen years, AND in the south…hahahaha
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I went through similar anxieties with several of my characters, Pharun and Shrukian not the least of them. However, with Hermione I would say you are definitely safe – Hermione being a common named. Maybe if J.K. Rowling had made it up, it would be different.
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I’m really trying to figure out which of your characters would cause some anxiety. Though most of them were highly original.
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I’m glad to hear you say so! In sooth, when I started writing for the characters of Dragon’s Disciples about half of the cast was named after one of R.A. Salvatore’s characters. Pharun was Pharaun, Graeme was Gromph, and Varijin was Barjin. But of course, I had to change up all of their names when it went into publishing. Shrukian was also probably lifted from Eragon, with the dragon “Shruikan” or something like that. I used to be a terrible name-stealer.
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Changing a letter or two should get you out of trouble. 😀
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You’re fine, as long as her name isn’t Hermione Granger 🙂
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I’ll probably only have a few crazed Potter fans on my case for a few days.
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lots to ponder, Charles. One can’t take ownership of a name unless it is something they made up (I believe). I’d say more but Willow let me have 2 and a half hours sleep and I can’t find my glasses without waking everyone else up. Interesting post, my friend. I hope this morning finds you and family well, keep smiling 🙂
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The harrowing search for glasses. Been there far too often.
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guess where I found them (and ‘where I left them’ is not the a funny answer as you well know!), next to the toilet! I must have taken them off when washing my face and forgotten them, knocking them next to the loo! Took bloody ages to find them! *grins*
I’m just about to post my piece on copywright but have to go straight after as I am busy with the children, just really wanted to get it out there. I am hoping it will be helpful to all. I’ll hopefully catch up with you later. Keep smiling 🙂
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I’m about to head away from the internet for most of the day too. Right into the joyous heat. Ugh.
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I didn’t read all the comments but the Harry Potter Character is Hermione Granger…Hermione is a name like any other if she’d been named Suzy-Q Sweetness…well that could have been copyrighted…but Suzy-Q or Sweetness no. About the other question I don’t know. Should say she gets covered in the new story with her new name and the old one would be covered under the older copyright, if she was copyrighted…anyway…names should still be public domain unless something has changed recently…I mean, what if some poor sod’s name was Harry Potter, would he have to pay royalties to Rowling?
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I get the feeling that my bad joke about not knowing Hermione’s last name went over like a lead balloon. 😀
It sounds like I should be fine especially when the book comes out. The character is the same beyond the name change and since names can’t be put under copyright, I’m in the clear.
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I’m sure you’ll be fine. I guess I should have read the comments (must admit I don’t always do that) so I’m not sure about your bad joke 😉
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I’m bad on reading comments too. Especially when I get to the post a day later than everyone else. I don’t think many people realized I was joking.
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Ok…how could they not know you were joking…even my husband knows Hermione’s last name for pities sake and he’s not even into that sort of reading…now I’ll have to go and see what you said!
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I might have forgotten the smiley face. Or everyone went along so well that I never realized they were messing with me. Been having a dim-bulb weekend.
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Sounds like you’re tired to me…go for a picnic…or a Godly world tour for a day 😉
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I need resting in air conditioning. It’s a really nasty, heavy heat today, so a picnic would be a bad idea.
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Ugh! Envy…here it’ cold, still. Of course heavy heat would be a novelty that would wear out pretty quick.
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Wore out within minutes. We didn’t really have a spring to ease into this.
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Same over here and we still don’t…I just know it’ll be a ****up when summer does come!
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Ok you put the smilely…my dear Watson.
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Something about using that surname in this conversation is making me chuckle.
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Hmmm…
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