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Q&A Borrowing Characters

I am not a lawyer, but you really should not do this. Orson Scott Card (OSC) and any partners he has (publisher, movie studios) own "Ender", and you cannot profit from it in any way whatsoever. OSC...

posted 6y ago by Amadeus‭  ·  last activity 5y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-19T22:13:41Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/43001
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T11:09:04Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/43001
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T11:09:04Z (about 5 years ago)
I am not a lawyer, but you really should not do this. Orson Scott Card (OSC) and any partners he has (publisher, movie studios) own "Ender", and you cannot profit from it in any way whatsoever. OSC and his partners are rich enough to sue you even if you don't make any money, and may even be legally _obligated_ to sue you in order to protect their property, if your work is public in any forum. Including all the details of Ender and his family would likely be held by a court to be "substantially the same" text as what OSC wrote, So I think you would be held liable, not only for any profits you made, but extra damages as well.

The only plausible reason for you to do that is to increase the appeal of your story, and hence the financial value of your story, in the court's view by stealing the intellectual property of OSC.

Use your own imagination. Do not presume that because others writing fan-fiction are getting away with it, you can get away with it too. They may not be poking at the same bear as you would be, and in crime the excuse that other people are getting away with it all the time doesn't hold any water for defense.

#1: Imported from external source by user avatar System‭ · 2019-03-04T22:12:53Z (almost 6 years ago)
Original score: 27