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

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SUMMARY

The discussion centers on the legal implications of writing a book titled "Physics of Batman," particularly concerning copyright issues with DC Comics. Participants highlight that using established characters without permission can lead to legal challenges, while referencing the concept of fair use as seen in works like "The Physics of Star Trek" by Lawrence Krauss. The consensus suggests that while nonfiction analysis may fall under fair use, creating original narratives with copyrighted characters is legally problematic. It is advised to consult legal experts for definitive guidance on such matters.

PREREQUISITES
  • Understanding of copyright law and fair use doctrine
  • Familiarity with the concept of derivative works
  • Knowledge of nonfiction writing principles
  • Awareness of notable works like "The Physics of Star Trek" by Lawrence Krauss
NEXT STEPS
  • Research copyright law as it pertains to creative works
  • Study the fair use doctrine in detail
  • Examine case studies of similar works, such as "The Physics of Star Trek"
  • Consult with intellectual property lawyers for specific legal advice
USEFUL FOR

Writers, particularly those interested in nonfiction, legal scholars, and anyone considering the use of copyrighted characters in their works.

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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