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I'm pretty sure this is fine, but just to get some other opinions (and, for now, I'm leaving it in as this is a first draft - I can always edit it out later), what do you think the status would be of a passage where someone learns another world exists, and the following exchange takes place:

"So we have to try to find platform nine and three quarters or something? Is that the idea?"

"Edessia isn't Hogwarts."

As far as I understand copyright law, as long as I don't say anything more about Hogwarts or whatever, it is now a part of popular culture, and a brief reference of this sort to any well known work is allowed. Do any of you know of specific cases where something like this has come up, though? (By the way, both for the reader's sake and for copyright clarity, I'm presuming it is better to use something very well known; Platform 9 3/4 and Hogwarts, or a wardrobe and Narnia, rather than an obscure story.)

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I have seen such a thing done, even do it in one of my stories though with a much older story (Sherlock Holmes in this case) but unfortunately don't have any specific examples for you.

~ Robin ~

"The joy of reading is a blessing forever. For through books, the imagination is enlivened, wisdom is gained, and wondrous experiences bring new fascination to life." ~ unknown





http://www.fmwriters.com/gifs/bookcount

I've done this twice and no one turned a hair.

In one book, in which the heroine's parents were academics and Tolkein fans, I made three references to Lord of the Rings (the book, not the film) at about the same level you've referenced Harry Potter here.

In another book I had one character tell another, "And don't try your Vulcan mind meld sh*t on me. It doesn't work."

Neither of the editors or publishers objected and no readers have ever complained about the references.

I'm presuming it is better to use something very well known; Platform 9 3/4 and Hogwarts, or a wardrobe and Narnia, rather than an obscure story

I don't think there'd be much point in using an obscure story.

However, isn't what you want to use called a 'Literary Allusion'?

http://www.uncp.edu/home/canada/work/allam/general/glossary.htm

Weird Jim

"Good reading is the only test of good writing"
Robertson Davies. A voice from the attic 1960

Yes, but I am less interested in what it's called than whether it is okay to use.

Morally, I'm fine with it. I'm not taking anything from anyone else, simply using a brief reference to something that's become a recognisable part of popular culture. Legally, I'm pretty sure it's okay - but after reading about a few too many cases of really absurd lawsuits, I just wanted to be sure... (If you've ever heard of the case that caused Sharon deBartolo Carmack to write her Guide to Copyright and Contracts, you'll understand why I'm paranoid. Not that the law wasn't clear in her case. It was. But that's my point, more or less. )

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Whether it's legally okay doesn't matter; someone can sue you anyway -- and if they have enough money, they can make it not worth your time to fight. Nothing can protect you against absurd lawsuits.

That said, I do use allusions in my writing.

-- Erin

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Well, see my comment above. Sharon deBartolo Carmack was so much "in the right" in her case that she had lawyers volunteering time to help her fight the case. And she lost anyway, because she couldn't afford to fight it. So I do understand that. (Edited to clarify: Even with the amount of pro bono work done on her behalf, the other guy was rabidly determined to win, kept pouring resources on the fire, and so she had to foot some of the bill. And at some point, it just got too much.)

The point is, if there is any doubt at all, you're a lot more likely to be sued. (Take fair use. Since even IP lawyers can really only guess how most cases would turn out if they went to court, you're a lot more likely to get sued if the other guy takes a different view of the matter than you do.) I do understand there's nothing you can do about the real jerks, especially if they have money to throw at lawyers, since there are at least some lawyers out there who will do anything for cash. But I'd rather not increase my chances. Just thinking of the legal system gives me the hives.

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One of the publishers I mentioned in my previous post is Harlequin, who own the Carina imprint my fantasy series is with and whose legal department is scarily efficient. They didn't have any problem with my very obvious Star Trek reference, which appeared in dialogue just like your Harry Potter reference.

But if it worries you too much, why not simply bin it and rewrite the conversation?

Well, this is still a first draft, so I can rewrite it if I decide I want to. I may even end up doing that anyway, for structural reasons. But the real worry was in making sure such a use is clearly permissible.

As Erin said - if someone is determined enough to cause trouble, they can. I can't say I like that, but whether I edit this out or not, it is a reality of the world we live in. I've always avoided this particular type of reference, and just wanted to be sure I wasn't wandering into a legal grey area which would lead me into deeper swamps than I ever wanted to go.

(For those wondering why, suddenly, I am not avoiding such references - it wasn't my idea. One of my characters insisted. Which also explains why it may not be edited out.)

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