Legal Stuff?

[brandon184]

I have a feeling this will be a long thread...

In senior level Math, me and a good friend encountered a relatively.. unusual teacher. Let's call him... Mr. Phone. (Unusual name, but it applies later on in the story/quandry..).

We noticed that this teacher had... very unique qualities, and very truely defined his own teaching style, and in doing so - established a certain... character, both in a figurative and literal sense that we created a character that was an extreme charicature, almost to the point where it was taken to an extreme level, and wasn't even really about the teacher, anymore.

This teacher has since retired, and my friend (who is a comic book illustrator) wants to create a comic series about this teacher (the character that was created) and refer to this teacher using the same name, just spelled differently. So instead of using his name, Mr. Phone - he'd use Mr. Fone. He inquired with someone (who has little legal background) as to whether or not he would be allowed to do this, and that person was against it. Saying that he could get himself into legal trouble by doing this.

I disagreed - for reasons I think I've already stated. What do you guys think? I'd be pleased to see a series on this character made, as it's all in good taste and would definately be a good read..

~ Brandon

[vass0922]

If there is any resemblance to the original person, and especially if the name is similar if anybody he knows catches wind of it your friend will most likely get nailed.

Mr. Phoner would have you Ownerz!

One must remember some people have no sense of humor!

[brandon184]

Actually, there is little/none resemblance to the original person. In fact, the guy was heavily built and fairly tall - the character in the comic is skinny and a very fair-hearted, yet unpredictable guy.

To be quite honest with you, the way the character looks, the things he does, etc. is of absolutely no relation to the original person. When it comes right down to it, it's just the name. And it wouldn't be that bad, if this character wasn't originally a spin-off of this person.

~ Brandon

[Warthog]

What's the difference between a comic and a song? Both can be about somebody.

[brandon184]

*shrug*

I have absolutely no idea.

~ Brandon

[Target]

I'd talk to another legal source if I were you.....

My understanding was that there is a huge legal difference between a character that is based on a real individual....versus a character that was "inspired" by a real individual.

It sounds to me like the cartoon character you created was borne out of the inspiration you received from your teacher, and has since evolved to the point where it in fact bears little resemblence to even the original inspiration.

My guess is that you would not be in any trouble or owe your teacher anything by continuing or commercializing your cartoon.

That said, I am NOT an attorney. Contact one and see what their legal opinion is. But remember, their opinion is just that....the only one that would really matter would be a judge if it ever came to that point.

I'd change the name of the character, and keep the origination of the inspriation to yourself. Then proceed with the cartoon.

[Brangwen]

Actually, there is little/none resemblance to the original person. In fact, the guy was heavily built and fairly tall - the character in the comic is skinny and a very fair-hearted, yet unpredictable guy.

To be quite honest with you, the way the character looks, the things he does, etc. is of absolutely no relation to the original person. When it comes right down to it, it's just the name. And it wouldn't be that bad, if this character wasn't originally a spin-off of this person.

Given what you have written here (in crimson), I do not see the problem. If the person was identifiable due to his occupation, character traits and peculiarities, then I would opine you could encounter "difficulty" unless you had the real person's permission. Caveat: I am not up to speed in that area of the law. Interesting topic.

Brangwen

[KAknight]

You could always ask the teacher's permission.

Picture this: this comic becomes famous, and your friend is being interviewed on SNL or some such thing (Dinah, maybe? ), and the host asked, "where did this idea come from?" And your friend quite naturally says, "well, there was this teacher, see..."

Then all h3ll breaks loose.

So keeping it to yourselves may not be as easy as you think. Check first, and get good advice from someone who WOULD know.

IMO, anyway

Cheers
Mick