Cartoon Characters as Roles in a Play (Copyright???)

[DanielMitchell]

What is the name of your state (only U.S. law)? California

QUESTION:
Hi! I am in the process of writing a full-length play that uses well-known cartoon characters as the lead roles. I've avoided Disney, but have used Hanna-Barbara and Looney Tunes (Warner Bros.) as well as some older well-known cartoons . Before I continue further on the project, (it's a comedy), would I be allowed to use them, or would that be of copyright infringement? I'm hoping that this would fall under the umbrella of "satire and parody" and thus would help me bypass any legal trouble.

Also, is this just a simple solution of changing the character's names slightly (ala, Ruggs Runny), or would I still run into trouble by using costumes that could be based off their likeness?

Any help or further input you can provide is greatly appreciated!
Thank-you!

-Dan

 

[FlyingRon]

You bet you'll be in trouble. First, small tweaks isn't going to mean anything with regard to the trademarks when your intent is specifically to be confused with the originals.

Second, the visual likenesses are still protected as well.

 

[quincy]

Parodies are dependent on the use of other works to imitate. As a form of comment or critique, parody can be protected speech.

However, because parody IS dependent on the use of other works, it can also be looked at as copyright infringement. If a copyright owner sues over the use of his material, it will be up to a court to determine whether the new work is, indeed, a parody of copyrighted or trademarked material and, if determined to be so, if the parody is a fair use of the copyrighted or trademarked material.

Even when a work appears to be a clear parody of the original, in other words, it does not help the parody-creator "bypass" legal trouble. It only assists the parody-creator defeat a copyright infringement suit should one be filed against him.

As FlyingRon said, both the names and likenesses of most of the Hanna-Barbara and Looney Tunes cartoon characters are covered by copyrights or trademarks. Licensing the use of these characters would be difficult when your license would be to parody the originals. Licensing rights are hard to come by anyway.

Your best bet is to have an IP attorney review your play and how you intend to use the characters in it. The intent of the copyright law is not to thwart the creative efforts of others but to protect the rights of those who have creations already in existence from unwarranted use and abuse of their works.

 

[Hot Topic]

People constantly try to make money from someone else's work via various claims that they're doing so as "homage" or, "They're making so much off (insert name of character) that it's not going to hurt them if I do such and such." Come up with something original instead of building on someone else's work.

People are often surprised how determined lawyers are when it comes to going after someone who has used a copyrighted character without permission.

 

[DanielMitchell]

Thanks for those that have replied so far.

I tried attaching a link to a play written which uses all of the classic Charlie Brown Peanuts characters, but it's not coming up, so here is the title which has a Wikipedia page and information about it. Although the Schultz family hated the play because it put the characters in adult situations, the author changed Charlie Brown to "C.B." etc, and it's performed Off-Broadway.

Wikipedia page:
"Dog Sees God: Confessions of a Teenage Blockhead" by Bert V. Royal.

With this limited knowledge added, is there something "special" which allows that play to continue that would or wouldn't work for my play?

Thanks so much!
-Dan

 

[Zigner]

Without knowing the actual CONTENT of your play, there is no way anybody could hazard a guess as to whether is could/would be considered a parody. I suggest you consult with an attorney.

 

[tranquility]

May the schwartz be with you on your project.

 

[quincy]

Daniel, there is no way for anyone to tell you for sure whether your play will be found infringing or not - even an IP attorney who has reviewed your play cannot tell you that. It is ultimately up to a court to determine whether your play infringes on the copyrights or trademarks of another, this after you are sued by a copyright or trademark holder over the use of their trademarked or copyrighted material.

When it comes to parody/infringement cases, how a court will decide the issue is sort of a crap shoot. At the end of this post, I have listed a few parody/trademark and parody/copyright infringement suits that you may wish to review (just Google the name and the date of each case and you should be able to find the decisions posted online). These will give you an idea of what courts look at when deciding what is a fair use parody of a work and what is infringement of a work.

What an IP attorney can tell you, after a review of your play, is what your risks are of being sued using the material you have chosen, how best to avoid or minimize these risks through revisions and editing and, possibly, licensing, and what pre-publication precautions you should take (being sure you have liability insurance to cover the costs of a lawsuit should one arise, for instance).

Not all copyright or trademark holders will sue. Suits are expensive to pursue and there is never a guarantee a court will find in one's favor. There are some companies (like Disney and Anheuser-Busch and the NFL) who are more aggressive than others and they will always sue to protect their rights (or, at the very least, threaten to sue). These companies you would be wise to avoid.

I suggest you read through the decisions on the cases below and then consult with an IP attorney, who can help you make your play safe for publication (or as safe as it can be).

I wish you good luck.


Suntrust Bank v Houghton Mifflin Co, 268 F.2d 1257 (11th Cir. 2001) - a suit over The Wind Done Gone, a parody of Gone with the Wind, brought by the Margaret Mitchell estate. The Court found the parody protected by fair use.

Dr. Seuss Enterprises v Penguin Books USA, Inc, 109 F.3d 1394 (9th Cir 1997) - a suit over "The Cat NOT in the Hat," an OJ Simpson parody using the Dr. Seuss classic. The Court found that the book was not a parody and infringed on rights of the owners of the Seuss copyrights.

Elvis Presley Enterprises v Capece, 141 F.3d 188 (5th Cir 1998) - use of "The Velvet Elvis" trademark for a nightclub, as a parody of Elvis, found by the Court to be infringing.

Lyons Partnership L.P. v Giannoulas, 14 F. Supp. 2d 947 (N.D. Texas) - a Barney the dinosaur parody was found by the Court not to infringe on the Barney trademark.

 

[DanielMitchell]

Thanks Quincy, and thanks to all who have responded.

I appreciate the feedback and will continue to look into it.

My best to everyone!
-Dan

 

[Hot Topic]

Leave out the "t." Snoopy's now deceased creator always hated that.