Use of Movie/Show Names in a Novel

[EpicSOB]

Hello, I am an aspiring scientific fiction author. For a story I am writing I would like to use several unique naming system for the starships of the various factions in my story. The ship names of one particular faction I would like to base on the names of movies and tv shows of the late 1900s up to the present. As an example the central protagonists have a ship that under this naming style would be called the CCS Blackfish because of it resemblance to an killer whale, or a prison translation ship by the name of MTC Shawshank Redemption. But i digress, my question is could i get in trouble for doing this.

 

[FlyingRon]

Titles and names are not protected by copyright. The question then turns to one of trademark rights. Frankly, if this use is incidental to the story, I suspect you'll escape any infringement claims. I'd not use SHAWSHANK REDEMTPION in the title of your book lest you raise the ire of Columgia Pictures (or Mr. King and his publishers, the movie title comes from the name of his novella, Rita Hayworth and the Shawshank Redemption).

By the way if you've not read the novella, you should, it's perhaps one of the best things I think Steven King has written. It's in a collection called Different Seasons along with three other stories, two of which were made into other movies: Apt Pupil and Stand By Me (the novella title is The Body).

 

[quincy]

Hello, I am an aspiring scientific fiction author. For a story I am writing I would like to use several unique naming system for the starships of the various factions in my story. The ship names of one particular faction I would like to base on the names of movies and tv shows of the late 1900s up to the present. As an example the central protagonists have a ship that under this naming style would be called the CCS Blackfish because of it resemblance to an killer whale, or a prison translation ship by the name of MTC Shawshank Redemption. But i digress, my question is could i get in trouble for doing this.

What is the name of your state, EpicSOB, or, if not in the US, what is the name of your country?

There really is no way to prevent trouble when you write. And the trouble will generally come in the form of lawsuit. However, there are ways to avoid attracting the attention of rights-holders and their attorneys by, first, knowing the laws that govern writers and by, second, making sure your writing does not violate any of these laws.

The most common laws writers need to be aware of when writing are defamation/disparagement laws, privacy laws, and infringement laws (both copyright infringement and trademark infringement). In addition to knowing the laws and being careful to not violate any of them, it can also be important for a writer to have liability insurance, enough to cover the costs of a lawsuit should one arise despite a writer's best efforts to avoid one.

One area of the law that attracts the attention of rights-holders, and the area you are asking about here, is trademark law. When trademarks are used without permission of the trademark holder, trademark holders can get annoyed. Trademark holders are charged with protecting their own rights to their marks and they do this by policing the marketplace, looking for any unauthorized uses of them.

That said, you generally can use others' trademarks in a descriptive way without infringing on rights. For example, "The Shawshank Redemption" can be called "The Shawshank Redemption" if you are writing about the movie "The Shawshank Redemption." Mickey Mouse can be called Mickey Mouse if you are writing about Disney's Mickey Mouse. There is no way to write about either of them without using these trademarks as a way to describe what you are talking about. In fact, many writers will use trademarks in their fictional works to bring some reality to the works (e.g., having characters eat at McDonald's).

BUT, you cannot safely use either "The Shawshank Redemption" or Mickey Mouse as a way to promote your own work. You cannot make consumers think that you have any affiliation with (connection or association with, endorsement or sponsorship by) the trademark holder if you don't. If a consumer can be confused as to the origin of your work, you can be sued and the suit can be a successful one for the trademark holder.

I recommend that, after you have a manuscript that can be reviewed, you have a publishing law professional read it and edit it for problematic content.

Good luck.