Will my use of Gritty violate copyright laws?
January 22, 2019 1:57 AM   Subscribe

I'm writing a story where I'm contemplating that one of the characters is wearing a Gritty costume, but I'm not sure if that would violate some sort of Gritty IP law. The story is set in Philly; hence my desire to use the Gritter

posted by angrycat to Writing & Language (7 answers total) 3 users marked this as a favorite
Sorry, Gritty is the Philadelphia Flyers's team mascot.
posted by angrycat at 2:20 AM on January 22, 2019

A possibly-helpful article about using brand names and real products in fiction.
posted by Sing Or Swim at 4:24 AM on January 22, 2019 [4 favorites]

IANAL, but I think any IP problems are more likely to be rooted in trademark, rather than copyright. And (very generally speaking) trademark issues tend to be pursued more vigorously than copyright issues. So I would say a consultation with an actual IP lawyer would be in order.
posted by soundguy99 at 8:18 AM on January 22, 2019 [1 favorite]

I think because you have a character in the costume, it essentially becomes a deal of Gritty doing whatever your character is doing. Afterall, Gritty is the hollowed out shell of an extinct being puppeted by live humans, so you'd be risking representing "Gritty" doing things the Flyer's might not want their mascot to be doing or otherwise misrepresenting their brand. Like, it'd be one thing if your characters merely saw Gritty in an appropriate and true setting, but if they wear the costume they are representing Gritty and controlling it's actions, as it were. Might be more lawful to have a freaky reddish-yellow freak named Grotty, notorious mascot for the Philadelphia Flayers.
posted by GoblinHoney at 11:36 AM on January 22, 2019

THANKS everybody! This is very helpful.
posted by angrycat at 1:34 PM on January 22, 2019

You could name him Shitty if he's getting up to anything interesting :)
posted by jenfullmoon at 7:44 PM on January 22, 2019

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