Is using "Duluoz" as a different character's last name ill..

For it is said by Biljo White <biljowhiteSTOPSPAM.TakeThisOut@yahoo.com>:

"Sure, it's legal. it's just a name."

There are artists who consider an initial boost to a career to be the
utility of a more familiar name. There was the case of the folk singer
named after the Dylan tune "John Wesley Harding" and there was also a Roy
Rogers and a Jane Seymour. And of course all those historical novels which
entrap you, or hope to, by plowing over famous ground.

But remember when Carolyn Cassady went Hollywood and so disgusted the main
Beat characters with "Heart Beat" that Ginsberg would not allow his name to
be used. He threatened them, and they complied, naming an obvious Carlo
Marx something else.
 >> Stay informed about: Is using "Duluoz" as a different character's last name ill.. 

Singer John Wesley Harding may have named himself after the Dylan song but
Dylan in turn named his song after
John Wesley Hardin, a real old West outlaw/gunfighter. He killed over 40 men
but said he never killed a man who didn't need killin!'

It is illegal to use a character that someone else created, since characters
are covered by copyright law. If you wanted to write a book detailing the
further adventures of, for example, Kerouac's character, "Sal Paradise",
that would illegal (as is most "fan fiction" - though most of it is not
prosecuted).

Naming a character "Duluoz" with reference to Kerouac, even if you are not
actually using one of Kerouac's characters, seems to be in sort of a grey
area. It is probably OK, but it would be best to check with an attorney
experienced in copyright issues.

--

"Tremonius" <ulTIMum.RemoveThis@earthlink.net> wrote in message
news:_7cSc.17379$cK.15848@newsread2.news.pas.earthlink.net...
 > For it is said by Biljo White <biljowhiteSTOPSPAM.RemoveThis@yahoo.com>:
 >
 > "Sure, it's legal. it's just a name."
 >
 > There are artists who consider an initial boost to a career to be the
 > utility of a more familiar name. There was the case of the folk singer
 > named after the Dylan tune "John Wesley Harding" and there was also a Roy
 > Rogers and a Jane Seymour. And of course all those historical novels
which
 > entrap you, or hope to, by plowing over famous ground.
 >
 > But remember when Carolyn Cassady went Hollywood and so disgusted the main
 > Beat characters with "Heart Beat" that Ginsberg would not allow his name
to
 > be used. He threatened them, and they complied, naming an obvious Carlo
 > Marx something else.
 >
 >
 ><!-- ~MESSAGE_AFTER~ -->
 >> Stay informed about: Is using "Duluoz" as a different character's last name ill.. 

Say velvet:

"Singer John Wesley Harding may have named himself after the Dylan song but
Dylan in turn named his song after John Wesley Hardin, a real old West
outlaw/gunfighter. He killed over 40 men but said he never killed a man who
didn't need killin!'"

He lied, which was the least of his crimes. He was actually a merciless
sociopath intent on counting coup with corpses. His own autobiog convicts
him. A racist who shot blacks and Yankees just for body count in
Reconstruction Texas, it's a wonder someone didn't plug him before Selman
did him in out in El Paso. A real bad hombre, no matter what Dylan sang.
(Dylan has a string of psychotic killers he tried to convert to victims:
Crazy Joe Gallo, Hurricane Carter, and Hardin.)

Nothing new about Wes Hardin lore for this boy. He was born in the same
small town in northeast Texas I was.

"It is illegal to use a character that someone else created, since
characters are covered by copyright law."

Is this so? I'm no lawyer, but I heard it differently. I read somewhere
long ago that neither characters nor titles could be copyrighted.

Anybody else?
 >> Stay informed about: Is using "Duluoz" as a different character's last name ill.. 

"Tremonius" <ulTIMum DeleteThis @earthlink.net> wrote in message
news:21gSc.17028$9Y6.9347@newsread1.news.pas.earthlink.net...
 > Say velvet:
 >
 > "It is illegal to use a character that someone else created, since
 > characters are covered by copyright law."
 >
 > Is this so? I'm no lawyer, but I heard it differently. I read somewhere
 > long ago that neither characters nor titles could be copyrighted.
 >
 > Anybody else?
 >
 >

Yes, it is true that titles cannot be copyrighted. I didn't say they could.

However, using someone else's characters in your own work is not generally
(there are exceptions) permitted under copyright law - this is most often
considered a "derivative work." An exception would be parody, which is
permitted.

You might find these links of interest:
<a style='text-decoration: underline;' href="http://www.templetons.com/brad/copymyths.html" target="_blank">http://www.templetons.com/brad/copymyths.html</a>
<a style='text-decoration: underline;' href="http://www.copyright.gov/circs/circ14.html" target="_blank">http://www.copyright.gov/circs/circ14.html</a>
<a style='text-decoration: underline;' href="http://www.clickandcopyright.com/articles/copyright_infringement.htm" target="_blank">http://www.clickandcopyright.com/articles/copyright_infringement.htm</a>

a search for something like "derivative works copyright" (without quotes)
would no doubt turn up much more information.

But getting back to what the OP asked - using Duluoz is probably OK, as long
as he is not using one of Kerouac's characters.<!-- ~MESSAGE_AFTER~ -->
 >> Stay informed about: Is using "Duluoz" as a different character's last name ill..