Message from @KirkpattieCake
Discord ID: 803268520573796372
I am determined to get ~~my shitpost~~ story finished and shared tonight
Here is my book, or, rather, the first part of four to come. I greatly appreciate any feedback or improvements. The title isn't final since the name "Lich King" will probably be copyrighted by at least two: Blizzard and a thrash metal band by the same name.
I chose the name Lich King because the MC, who is a "king", in a sense, becomes a machine with no emotions, so he is dead as a human and only looks the part - hence Lich King, meaning Dead King.
For the record, you can't copyright a title. The best they could do is trademark and the trademark is specific to industry and character/design.
The biggest competition you'd have with Lich King is 1) people being confused and thinking it has to do with either of those things when it doesn't and 2) search results ranking.
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oh nice, I didn't know that
can they copyright it if I refer to the character as Lich King in the book itself? Even if his description/origin have nothing to do with Blizzard's creation?
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βI don't write a book so that it will be the final word; I write a book so that other books are possible, not necessarily written by me.β β Michel Foucault
When you directly reference something else that is of the same name is where it can get sketchy.
I don't know if I fully understand your question. Can they come at you with copyright if you directly call your character Lich King even though he is in no way related to Blizzard's?
yes
If it is a completely different character with no relation or reference whatsoever to Blizzard, they have no copyright case.
They can copyright their specific character, so you could not write and commercialize THEIR Lich King -- his definitions, descriptions, story, lore, etc.
But say, I wrote a story and created a villain called the Witch King. As long as my Witch King is created of my own universe and ideas and is NOT a replica of the Lord of the Rings Witch King, they may have the same name, but it is no copyright infringement.
that's the case I was talking about, yes
If you're nervous about just the name, then you could change it. But in general, there's no... claim. A similar thing can be said with using names of nonfictional people.
If you write a character named Stephen King, the name itself is not a copyright or trademark infringement if your Stephen King is not trying to be a mirror image of the real Stephen King. Usually the only way you can get away with it in THIS case is by writing satire as satire allows fair use.
my Lich King has no magic in his universe and he is a physical being vs. just a soul within a chunk of ice
so there's nothing in common, really
If it's not the same character, name is free to use. \*shrugs\*
You just have to keep in mind 1) the originalness of the design, 2) people may wonder if your character was inspired by the more famous one (which doesn't really matter), and 3) search results rankings will be lower if there is a more famous version that comes up when you write Lich King
just think of how many songs there are called Monster lmao
right, it's a popular concept
And I'd say you're more than fine too since Lich is a thing on its own. There becomes a little more uh, copyright issue if someone created a mythical creature/lore/name that didn't or can't exist outside of where it was written
Like Skeleton King is p much just as generic of an 'idea' as Lich King (both more or less being definitions for a character type). However, Slenderman is very, very specific. Albeit, you could still refer to someone as Slenderman in a story if he is nothing like the creepypasta slendy lmao
right, but would the creepypasta writer that created slenderman really try to copyright strike people who name their characters the same?
it's not that well known of a character
ENDERMAN. that's what I wanted lmao. Enderman is a more specific creature that doesn't work outside of Minecraft because the Ender --> Enderman is so specific
1) I don't think there is an official copyright holder on Slenderman because of how he was created. In the same way the SCPs don't really have a copyright because of the whole... internet collective thing...
But you can't copyright a name. So even if someone wrote a character named Slenderman, if their Slenderman was not obviously some same version, there would be no copyright infringement had.
Right, I understand
should I specify the difference between the lich kings in an author's note before the main text in case blizzard/the thrash metal band try to claim it as infringement?
If your book is completely unrelated to either of those, I don't think an author's note will do anything but draw attention where authors wouldn't have had it in the first place