The Copyright Conundrum: Using Words as Character Names in Comics

Creating unique and memorable characters is at the heart of comics and graphic novel storytelling. However, even when the names of these characters are real words, there are legal considerations to keep in mind. In this article, we will explore the challenges of using common dictionary words as character names and provide insights to help you navigate these issues.

Discovery and Dilemma

During the process of developing characters for your comics, you may have discovered that some of the names you’ve chosen are already in use in other comic books or media. For instance, Marvel and DC have multiple examples of characters named Spider-Girl, Thor, and Doctor Strange. The critical question arises: Can you still use these names, especially when they are actual words in the dictionary?

Marvel and DC Crossroads: A Compilation of Names

Let's take a closer look at some of the examples where Marvel and DC share the same character names:

DC’s Captain Marvel vs Marvel’s Captain Marvel Marvel’s Doctor Strange vs DC’s Doctor Strange DC’s Scarecrow vs Marvel’s Scarecrow Marvel’s Spider-Girl vs DC’s Spidergirl Marvel’s Thor vs DC’s Thor

These and many more examples highlight the commonality of names in the comic book world. However, these names come with their own copyright implications, as we will explore further.

Choosing Unique Names

If the characters you are referring to are already in use and named after dictionary words, it is advisable to change the names to avoid potential copyright issues. Here are some guidelines to help you choose unique and memorable names:

1. Reader Acceptance:

The reader seems to accept any name for a character as long as the plot is compelling. Focus on creating engaging stories that evoke emotions. Interest in the plot is key; interesting storytelling can overshadow the initial impact of the character's name.

2. Avoiding Fandom Competition:

Historical Examples: Consider the case of Slade Wilson (Deathstroke) from New Teen Titans. In 1984, when the movie "Terminator" was released, Deathstroke was overshadowed by the more popular character from the movie in the minds of fans. Similarly, the Teen Titans anime and the Green Arrow TV show struggled to establish a distinct fandom due to the pre-existing death match with the established character. Creating Distinct Fandom: Building a new character's image and fandom is challenging when there is an already established, popular character with the same name. Look for unique elements and storylines that differentiate your characters from pre-existing ones. Competitive Analysis: Research the existing characters, particularly in the same genre or media, to ensure that your character does not share any significant similarities.

3. Legal Considerations:

Basic Words: It is important to note that it is nearly impossible to copyright basic words, like names. For example, Hasbro’s "Transformers" line uses names such as "Bumblebee" and "Ratchet," but they must include the word "Autobot" to avoid copyright infringement. This is because single words cannot be copyrighted. Combining Words: Combining two or more words can present copyright challenges. For instance, having words like "Blast" or "Strike" might not be problematic, whereas "Red Blast" or "Blue Strike" could potentially raise concerns. Uniqueness of Characters: Ensure that your characters do not resemble existing characters in terms of appearance, abilities, or background. For example, a character named "Rampage" should not be a 9-foot tall, orange-skinned, hulking amazonian supervillain, as this could lead to legal trouble.

By following these guidelines, you can create distinctive and compelling characters that stand out in the crowded world of comics and graphic novels. Remember, the success of your characters depends not only on their names but also on the quality of your storytelling and character development.

Conclusion

To summarize, while you can use words from the dictionary as character names, it is crucial to consider potential copyright issues and competition for fandom. By choosing unique names and ensuring your characters stand apart from established ones, you can create a fresh and compelling story that resonates with your readers.