Using a Public Domain Character that is Featured in Recent, Copyrighted Works
I wrote a book that is based off of public domain characters. I did my research and made sure that all of the characters were free to use. In one section, there is a flying carpet. Also, a character indirectly references it as Aladdin's magic carpet. Now, in One Thousand and One Nights, there is indeed a flying carpet and a character named Aladdin. However, they did not interact (at least to my knowledge). My fear is that Disney will assume I'm referencing THEIR Aladdin and Magic Carpet, which is still under copyright. The truth is, I was trying to use the magic carpet and Aladdin that were public domain from One Thousand and One Nights. I self-published the book and distributed a few copies but have since discontinued sales and took the section out. Should I be worried about infringing on copyrights or do you think I'm safe? Any help is appreciated!
Re: Unique Copyright Question Regarding Writing a Book and the Public Domain
Quote:
Quoting
justaquestion89
Should I be worried about infringing on copyrights
Yes.
You should be worried.
At least enough to consult a copyright attorney.
Especially if you plan on selling a lot of copies.
Re: Unique Copyright Question Regarding Writing a Book and the Public Domain
You should be worried about infringing on their TRADEMARKS more than anything else. Copyright is fairly easy, just make sure you derive your stuff from the PD works and not any direct (or indirect) basis on the Disney works. Disney however hasn't had much success on asserting trademark rights for Aladdin. If you don't use their images or the name "Disney Aladdin" you're likely safe.
Re: Using a Public Domain Character that is Featured in Recent, Copyrighted Works
Quote:
Quoting
justaquestion89
I wrote a book that is based off of public domain characters. I did my research and made sure that all of the characters were free to use. In one section, there is a flying carpet. Also, a character indirectly references it as Aladdin's magic carpet. Now, in One Thousand and One Nights, there is indeed a flying carpet and a character named Aladdin. However, they did not interact (at least to my knowledge). My fear is that Disney will assume I'm referencing THEIR Aladdin and Magic Carpet, which is still under copyright. The truth is, I was trying to use the magic carpet and Aladdin that were public domain from One Thousand and One Nights. I self-published the book and distributed a few copies but have since discontinued sales and took the section out. Should I be worried about infringing on copyrights or do you think I'm safe? Any help is appreciated!
Since you have taken the material out of the section, and no longer selling the book I would not worry about it at all unless you get a letter from their legal department. I don't think you need to run off and hire an attorney just yet.