Can I Write a Book About the Physics of Batman without Getting Sued?

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Discussion Overview

The discussion revolves around the legal implications of writing a book titled "Physics of Batman" or similar works that reference Batman and other characters. Participants explore issues related to copyright, fair use, and the inclusion of real physicists in fictional contexts.

Discussion Character

  • Debate/contested
  • Meta-discussion

Main Points Raised

  • One participant questions whether using "Physics of Batman" as a title would lead to legal issues with DC Comics, especially if the title does not mention Batman directly but the content revolves around him.
  • Another participant suggests that legal questions may be better suited for a legal forum, emphasizing that opinions from non-lawyers may not be reliable.
  • There is a reference to Michio Kaku's "The Physics of Star Trek," with a participant wondering if it faced similar legal scrutiny, implying that non-fiction works may have different considerations.
  • Some participants discuss the concept of fair use, noting that works like Lawrence Krauss's analysis of Star Trek could fall under this doctrine if they do not create new stories with established characters.
  • One participant mentions that using an author's characters without permission undermines the original author's work, citing the case of "The Wizard of Oz" and its transition to public domain.
  • Another participant expresses a belief that critiquing existing stories may be acceptable, while creating original stories with established characters would not be.
  • There is a suggestion that the publisher of a similar work likely consulted a lawyer before publication to navigate potential legal issues.
  • One participant expresses a change of mind about writing "Physics of Batman" after considering the legal complexities involved.

Areas of Agreement / Disagreement

Participants generally express uncertainty about the legal ramifications of writing such a book, with multiple competing views on what constitutes fair use and the implications of using established characters.

Contextual Notes

Limitations include the lack of legal expertise among participants and the varying interpretations of fair use, which depend on specific contexts and definitions.

jake jot
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Guys, if I'd title the book for example "Physics of Batman", would I be sued by DC comics? What if the title won't mention Batman, but the story would revolve Batman, what is the legal rule of including other characters in your book?

Also if I mentioned real physicists like Hossenfelder or Peter Woit, would I be sued likewise? Because in the end of the book, I'd like to say for example Peter Woit is the Batman, and Hossenfelder is the Batwoman?
 
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Shouldn't you be asking those questions on a legal forum? I'm sure you could get opinions here on PF, but unless they come from a lawyer they may not be worth much.
 
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anorlunda said:
Shouldn't you be asking those questions on a legal forum? I'm sure you could get opinions here on PF, but unless they come from a lawyer they may not be worth much.

Just want to know others experiences. When Michio Kaku wrote "The Physics of Star Trek". No problem if its non fiction?
 
There are notions of fair use when writing fiction or non-fiction. In Krause's case, he mentioned various constructs of the Star Trek universe and compared them to the real world. His analysis would fall under the fair use doctrine. He didn't attempt to create a story with Star Trek characters or take advantage of their popularity.

I'm sure though that the publisher had a lawyer read and comment on his text before publication.

https://en.wikipedia.org/wiki/The_Physics_of_Star_Trek

https://memory-alpha.fandom.com/wiki/The_Physics_of_Star_Trek

Writing a Physics of Batman may cause some legal wrangling since some authors have done similar things:

https://www.popsci.com/entertainment-&-gaming/article/2008-08/physics-batman/

https://www.wired.com/2012/07/batman-cape-physics/

https://kaiserscience.wordpress.com/2018/02/14/physics-of-batman-the-dark-knight/
 
anorlunda said:
Shouldn't you be asking those questions on a legal forum? I'm sure you could get opinions here on PF, but unless they come from a lawyer they may not be worth much.
Paging @berned_you (I don't know if she is still active at PF)
 
berkeman said:
Paging @berned_you (I don't know if she is still active at PF)
Is that the PF equivalent of putting up the bat signal?!
 
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I'd guess that if you critique existing stories and concepts it would be okay, but if you wrote your own it would not be.
 
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Right, you can't use some author's characters in your stories without the author's express permission. The author created them, created their backstories and for anyone to use them in a new story subverts the author's work and future work.

Interestingly, the Wizard of Oz went through that issue but since the author is long gone and his books are a part of the public domain then there is no legal issues to contend with.

L Frank Baum wrote the Wizard of OZ and many follow on books about OZ and its characters.

Gregory Maguire wrote some adult-oriented revisionist OZ stories that are quite good:
- Wicked ( https://en.wikipedia.org/wiki/Wicked_(Maguire_novel) )
- Son of a Witch ( https://en.wikipedia.org/wiki/Son_of_a_Witch )

Basically, he took a few ideas from OZ, notably the Wicked Witch telling her story of the evil Wizard and developed a whole new world never explored by OZ.
 
jedishrfu said:
There are notions of fair use when writing fiction or non-fiction. In Krause's case, he mentioned various constructs of the Star Trek universe and compared them to the real world. His analysis would fall under the fair use doctrine. He didn't attempt to create a story with Star Trek characters or take advantage of their popularity.

I'm sure though that the publisher had a lawyer read and comment on his text before publication.

https://en.wikipedia.org/wiki/The_Physics_of_Star_Trek

https://memory-alpha.fandom.com/wiki/The_Physics_of_Star_Trek

Writing a Physics of Batman may cause some legal wrangling since some authors have done similar things:

https://www.popsci.com/entertainment-&-gaming/article/2008-08/physics-batman/

https://www.wired.com/2012/07/batman-cape-physics/

https://kaiserscience.wordpress.com/2018/02/14/physics-of-batman-the-dark-knight/

Good advice. I'd no longer write Physics of Batman because as you said some authors have done similar things. Hope they can just continue and write it in book form.
 
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jake jot said:
Just want to know others experiences. When Michio Kaku wrote "The Physics of Star Trek". No problem if its non fiction?
Careful! Lawrence Kraus wrote "The Physics of Star Trek."
 

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