Re: famous fictional characters and pizza

> Can you tell me if there is anyway I can publish for free over the
> World Wide Web stories of a very famous fictional character that is
> already in books?....w/o breaking the law?

     You want to proceed (if at all) with caution. Fictional characters are subject to protection under copyright and trademark laws (at least). And the more famous, the more protected. The non-profit aspect is one factor considered in the copyright fair-use defense, but it is *not* per se a defense.

     On the trademark side, I ran across a case, for example, in which a preliminary injunction was issued as a result of likely confusion where the producer of the motion picture TOP GUN sued the maker of a Top Gun amusement park ride in which riders try to "shoot" each other down: Trademark infringement of a title.

     Use of the name of an entertainment or literary character as a mark for products and services can be an infringement. Thus, the owner of rights in the character CONAN THE BARBARIAN proved likely confusion by defendant's use of CONAN'S PIZZA for a restaurant that featured decor evoking the theme of plaintiff's character.

     On the other hand, the 9th U.S. Circuit Court of Appeals (the west coast is part of the 9th Circuit) found that Sears Roebuck & Co.'s use of the name BAGZILLA and a comic creature to sell "monstrously strong" garbage bags was merely a "pun" on plaintiff's GODZILLA movie monster, causing no likelihood of confusion of sponsorship of the garbage bags. Recent cases seem to allow some room for puns and parodies, based on First Amendment considerations. So you may be OK if you write an obvious spoof or parody of a famous character. An example is the L.L.BEAM SEX CATALOG case (If I recall, injunction dissolved on appeal -- parody OK). On copyright and parody, see Campbell v. Acuff-Rose Music, Inc., 114 S.Ct. 1164 (1994).

     But back to your specific question -- a presumably original story about someone else's character. If your story is consistent with the material in which the character was originally developed -- you may be infringing under a copyright derivative work kind of analysis. I'm sure that some of our California law profs lurking about will offer more detailed and analytical advice. Like cite to that Sid and Marty Kroft case. Or Terry C -- who likely will become one someday after his loans are paid off :-)

     Micah Stolowitz
     <micah[_at_]techlaw.com>