Does anyone have any experience with the above topic?? I have a sci fi story where the people in it are creating real stuff out of their imaginations, so the town ends up being attacked by (in quick succession) a series of dinosaurs including a dilophosaur of Jurassic park dimensions rather than its real size, several indominus rexes, Godzilla and Gidorah and a bunch of creatures and people mutated by Resident Evil's T-virus. I'd like to know if there's a way of checking ahead of time whether the way I've written them into the story counts as fair use. It feels like it is, but I'd like to sell the story so don't want to have to deal with copyright wrangling after the fact.
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Bad news
The advice I received was to keep it free of charge. Nobody minds particularly if you do 'fan fiction', but if you want to make money from it, you'll soon find a lawyer's letter landing in your inbox, obliging you to cease and desist. I once hoped to extend the cancelled 'Firefly' TV series, via books, but there's simply no way to do it for money.
For example...
Trademark Registration: a search on the United States Patent and Trademark Office (USPTO) trademark database (https://www.uspto.gov/trademarks/search) reveals a trademark registration for "Indominus Rex" under Universal City Studios LLC (Registration Number 5745698).
Trademarks protect words, phrases, symbols, or designs that identify the source of a particular product or service. In this case, "Indominus Rex" is associated with the Jurassic World franchise owned by Universal City Studios. Trademark registration gives Universal City Studios exclusive rights to use "Indominus Rex". (Note that trademarks aren't subject to the same principle of expiry as patents; they can last decades.)
You will find something similar for Godzilla, I don't doubt. Invent your own monster names and you'll be fine. Have fun with it - and best wishes for your project!
Disclaimer: IANAL.
Sugar and Spiiice – TG Fiction by Bryony Marsh
Be Vague.
You could just make sure that you use your own pseudonyms for said monsters?
Gwen
Public domain?
Any of those monster names you use in the story will have to be checked to see if they are in public domain or not. Godzilla for instance is not in public domain meaning you COULD NOT use the name in your story. Although you could refer to it as that kaiju from those old black and white Japanese monster movies, since Kaiju is simply a Japanese word that translates to 'strange beast' but is mostly associated in describing giant supernatural monsters. Unfortunately, Gojira, the original name in the Japanese movie for Godzilla is also under copyright :) Matter of fact I checked on Godzilla and even its image is under copyright, so using it at all would require a creative description of the monster such as 100 ft tall dinosaur-like, fire breathing monster, somewhat like a T-rex but with larger, more powerful looking arms.
With both the description and referring to it as Japanese Kaiju, I think most reader would think 'Godzilla' but as you have never mentioned the name or given a detailed description it can easily be argued to fit the same description of any of the numerous Kaiju in the multitude of monster movies. Look at the many Kaiju in the movie Pacific Rim movies that bore a resemblance to Godzilla but were NOT Godzilla.
I used to play Dungeons and Dragons. The world I ran was actually post apocalyptic but over a thousand years after the apocalypse where there was little knowledge of the past human technology. What was know was referred to as Ancient magic. The Alchemists that knew the truth held those secrets close to the heart, making tons of money re-spelling the magical charges into the players extremely rare staff of magic missile fire. Of course we are talking about rifles, but with creative descriptions these became staffs and large wands in the game.
I would refrain from using any names or detailed descriptions of creatures used in movies or books and come up with your own names and creative descriptions.
The T-virus from Resident Evil? There are numerous movies and books where a virus mutates the populace, just don't use any words specific to Resident evil, such as "T-Virus"
We the willing, led by the unsure. Have been doing so much with so little for so long,
We are now qualified to do anything with nothing.