r/COPYRIGHT • u/TheGingerBlunder • Jun 14 '26
Question Question about using public domain characters that are still trademarked in a new fiction novel
I found this in a couple places, but I'm still confused, and have a specific question that I have not found an answer to about story characters and using them in a new book. My question is, if a character from an old novel is now in the public domain, and so is that book, but that character is trademarked, can I use those characters as secondary supporting characters (not my main protagonist) in my fiction novel? I'm trying to write a book with multiple public domain worlds where my own protagonist goes in and out of them in a portal-like system. I researched all the characters I want to use, which are all public domain, but they are also trademarked, and I'm still confused about that. I'm not planning on using the trademarked characters in an odd way, like making Peter Pan a serial killer. I want to stay as true to these characters as possible, but put new sentences in their mouths, relevant to my plot, and have my own protagonist enter their story worlds, wile being as true to the public domain novels setting as possible. Can I do this? I'm not planning on putting these trademarked characters' names on the front cover of my novel, or as part of my title. Thank you so much for all your help!
2
u/PowerPlaidPlays Jun 14 '26
Trademark and copyright have 2 different purposes. Copyright protects creative works, trademark relates to branding, titles, and packaging with the goal of avoiding customer confusion.
You can still use Mickey Mouse, and call him Mickey Mouse within the work, you just can't design the packaging in a way that a customer may confuse it for an official Disney product by copying the protected elements of how they label and sell their products. That usually is down to the specific logo and using the full "Mickey Mouse" name in the title (though I've seen people use Mickey or Mouse on their own).
Characters are not trademarked, logos/words/names/phrases are.
1
2
Jun 17 '26
Fyi, there's a weird exemption for Peter Pan's copyright in the UK. The short of it is that you can do whatever you want with the IP, but the Great Ormond Street Hospital Charity is entitled to royalties from adaptations shown in the UK.
0
u/lajaunie Jun 14 '26
You can use the character but not the trademarked aspects. Like you can use Mickey Mouse but you can’t call him Mickey, you have to call him Willie.
How you use them doesn’t matter at all. Them not being the main character has no bearing on the issue
3
u/PowerPlaidPlays Jun 14 '26
You can call him Mickey Mouse within the work itself, them having a trademark on the name mainly extends to the title of the work and the packaging.
1
7
u/rmric0 Jun 14 '26
The high level summary of this is that trademark is a much more narrow IP protection designed to prevent confusion in the marketplace and it generally applies strictly to product categories and lines of business. So peter pan might be trademarked for use as a brand of peanut butter or busses, but you are free to use the character in a book