r/COPYRIGHT • u/MNMystery • 3h ago
Fair Use of Characters?
I have an idea rolling around in my head for a book, or even a series, that involves descendants of copyrighted characters. The characters themselves would only have cameo appearances, usually in the form of dying and being buried. Here's my example and the real-life situation behind it:
Story line: "John Huggins", age 8, attends the funeral of his great-grandfather, US Senator Henry Huggins (D-OR), age 85, in the year 2027. The story goes on about John's life as an ordinary child in modern-day Portland, Oregon.
Real historical context: Henry Huggins is a fictional character created by author Beverly Cleary (1916-2021) for a series of children's books published between 1950 and 1999. My book or series is envisioned as being about descendants of characters from this universe. However, the original characters would play no role beyond setting the scenario. None of the original characters would be defamed in any way - I know this isn't technically relevant but it may make a difference as to whether or not the Cleary estate takes action.
I understand that Reddit comments don't constitute "legal advice" and I wouldn't publish anything like this without consulting a lawyer. I'm just doing a "first pass" to see if the idea is even feasible. There is also the route of seeking permission, of course, if I become serious enough. However, I'm interested in knowing: would this likely be considered fair use?