Names already used
I have named my fish and dolphin characters in my short story. It transpires that these names are already in use in other stories, for example 'Cornelius Cod'.
Would I have to change my characters names?
I live in England.
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1 answer
There are two separate issues here:
- Are there legal repercussions if you do not change the names?
- Should you change the names in the absence of legal issues?
For the first, I don't know the laws in the UK (though laws in other countries may apply if the book is published there). In the US, it would be an issue if the name were trademarked (which is something that costs a lot of money and is not the same as copyright). So you could not name your character "Charlie the Tuna" or "Morris the Cat," for example.
For the second, yeah, I would. Cornelius isn't super common but it's well known enough that I'd keep it. But Cornelius Cod is quite specific and keeping it would be confusing to your readers familiar with the first Cornelius Cod (they'd expect it to be the same character). It would also reflect poorly on you. I realize this isn't the name you're using, but I can only comment on the example I have.
I agree with Stephane that you can use more iconic names (Tarzan being a great example) when they're given to characters by other characters, as nicknames. You could also make puns or plays on words, like "Martin Luther Kingfish."
But I absolutely would not duplicate a complex name someone else has already used. Nor would I use simple names that are already strongly identified with a famous fish or other aquatic animal (Nemo, Flipper, Shamu), unless it's used as above.
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