Character Copyright Question More Specific

What is the name of your state?What is the name of your state?
I live in Myrtle Beach, SC

The sequel I am writing is entitled:

The Godfather Continued

A Fourth Part

A New Era

I am using 3 characters from the past to move forward and have changed their last names. I can also change their first names. I make some reference to the past only in the beginning and not in a plagiaristic way. All other characters are new and of my creation.

I am just getting into the third chapter. All of what I am writing is original and
gets out of logjams that were created by Part 3. There was no book on Part 3 and it went directly to screenplay in which there were numerous technical flaws but terrific drama.

For example, how did Michael turn all of that dirty money into clean money?

What did he invest in that was legit and made him so much money?

Plus more!

As a fact, if he were worth the $700 Million number used in the Movie, he would have been the richest man in the world in 1979 where the stage is set.

I am Italian-Sicilan American and have found ways to resolve these and other issues and move forward.

Does this specific information help to give an opinion which is different from what I have previously seen?

This book can be done within 5 months and I do not want to spend all of that time on an "if come" that I need to have a previous copyright bought out.

By the way, the idea of a sequel on the new Testament is terrific...if I had just one idea on how to flavor it I would bite.

Sincerely,

JVC689

Names cannot be copyrighted. That's not the issue. Using the same names would only make you look even more "guilty" if your story was already similar to another. But that's irrelevant because you admit copying some material and/or characterizations. A court would have to determine whether or not what you copied was protected. The mere *idea* of a mafia family cannot be protected.

To infringe, you must have...
1. had access to a copyrighted work
2. apparently copied something from it.

Since courts cannot always PROVE that you copied, they often use the "substantial similarity" test. In a copyright case, it doesn't have to be proven beyond doubt, such as in a criminal case.

You don't see others writing sequels to Tom Clancy novels do you? Just write your own. If it really is original as you say, why even bring up the previous story? What you propose is not really worth the risk. Besides copyright infringement, the might cry "unfair competition."

Read the "Bourne Legacy".

It was NOT written by Robert Ludlum

It seems that if the typical reader could pick up your finished book, read it, and would readily recognize your 'Michael' as 'Don Michael Corleone', then you might have legal trouble.

"It was NOT written by Robert Ludlum"

Click to expand...

Right. "...the Estate of Robert Ludlum has acceded to the demands of readers around the world, turning to bestselling author Eric Van Lustbader to bring Jason Bourne back to life in a thrilling new novel."

Protection of Fictional Characters by Lloyd L. Rich

JVC689,

Here is an online link to a lawyer who explores your question in detail. It shows that this is a somewhat ambiguous issue.

Protection of Fictional Characters by Lloyd L. Rich

Copyright of Characters

Dear Michael,

Wow! You really know your way around this field. I will revamp my two chapters a a bit and with what you have provided, I feel more comfortable moving forward.

Thank you so much.

JVC689

freeadvice.com disclaimer

You are welcome.

Good Luck with the project.

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