Can a Codex Circumvent Copyright?

[khopesh]

I'm interested in creating a graphic novel built around a role playing game world that already exists. In it my original characters will cast spells from a well known set of books.

My thinking is that my character will speak the spell aloud, but will appear in the word balloon as an abstract arcane font. This would not be understandable at all. BUT in the back of the book I could covertly place an alphabetical codex for clever readers to decipher. Then they'd know exactly what spell was cast.

Would this work as a way to avoid infringing on the copyright of this corporate entity?

 

[quincy]

I have no clue what you are talking about.

Could you explain again exactly what you are doing with the copyrighted material (or trademarked material)?

 

[khopesh]

Well, let's say in my story a magician casts a spell and he says "Abracadabra". But it turns out that someone else owns the rights to Abracadabra. I'd like to spell Abracadabra out using an ancient form of lettering that does not look anything like what we use for standard English. Then in the back of the book post a column of ancient letters on one side & US English alphabet on the other.

Is that easier to follow?

I'm not going to say out right that this is a codex to translate one language into the other. People gotta figure that out for themselves.

 

[FlyingRon]

Well, you are not likely to get copyrights for individual words. They are not creative works in isolation.

If something does get copyrights, you can not circumvent them by translating them or transliterating them.

 

[khopesh]

So in other words I cannot say "IPsomli Oocae" is the name of a character and then hidden in the back of the book a codex that translates that into "Mickey Mouse".

What if the book is printed without a codex, but if you go to a website you can find it there?

 

[quincy]

Well, let's say in my story a magician casts a spell and he says "Abracadabra". But it turns out that someone else owns the rights to Abracadabra. I'd like to spell Abracadabra out using an ancient form of lettering that does not look anything like what we use for standard English. Then in the back of the book post a column of ancient letters on one side & US English alphabet on the other.

Is that easier to follow?

I'm not going to say out right that this is a codex to translate one language into the other. People gotta figure that out for themselves.

Ah. What a clever idea.

Although a court could find such a use of a trademark or of copyrighted material a fair use or insubstantial (de minimis), it is not so much what a court would decide but what a trademark or copyright holder would do if they discovered your use of their trademark or copyrighted material. You do not want to get sued and have to defend your use in court.

So. . . . although offhand I am not seeing a major problem in your "Abracadabra" example, legal problems could arise with the actual word or words you are using, and also in how they are used in the context of your book. Disguising a copyrighted work by translating the work into a different language would still be infringement. Translations are derivatives and making derivatives is one of a copyright holder's exclusive rights.

We cannot do personal reviews on this forum but I think you would be smart to have the exact words you are intending to use personally reviewed by an IP attorney in your area. I would hate to see you putting a lot of time and effort into your book, believing in the legality of your use, only to discover it is liable to tick off the rights holder and spawn a lawsuit the rights owner has a good chance of winning.

Good luck.

 

[khopesh]

Thanks Quincy.
That helps put things into perspective.

 

[quincy]

You're welcome, khopesh.

Good luck with your graphic novel.

 

[Indiana Filer]

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