# Copyrighted "words" from works of fiction?
**URL:** https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815
**Category:** Cafe Society
**Created:** [September 15, 2005, 5:00pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815 "2005-09-15T17:00:16Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Crowbar\_of\_Irony\_3](https://boards.straightdope.com/u/Crowbar_of_Irony_3)
#### Post date: [September 15, 2005, 5:00pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/1 "2005-09-15T17:00:16Z")
I am not sure if “copyrighted words” are the right terms to use, but if I recalled correctly, the Tolkien Estate was threatening to sue D&D for the use of the words “Hobbits”, “Ents” and “Balrog”.
What are some other fictional terms/reference that if used, might earn you a lawsuit? I know for sure Jedi is “reserved”, but what about the Force? Lightsabers? How about Mithril?
---
### Author:  [@h.sapiens](https://boards.straightdope.com/u/h.sapiens)
#### Post date: [September 15, 2005, 5:03pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/2 "2005-09-15T17:03:29Z")
I think it’s past the point where Heinlein’s estate could sue anybody for using “grok”.
---
### Author:  [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)
#### Post date: [September 15, 2005, 5:22pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/3 "2005-09-15T17:22:10Z")
I doubt you could [copyright](http://en.wikipedia.org/wiki/Copyright) a single word. You could, however, [register it as a trademark](http://en.wikipedia.org/wiki/Trademark).
---
### Author:  [@mobo85](https://boards.straightdope.com/u/mobo85)
#### Post date: [September 15, 2005, 5:23pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/4 "2005-09-15T17:23:09Z")
Small words and phrases cannot be copyrighted, but they can be trademarked. The best way to find out if something is trademarked or not would be to search the database of the [U.S. Patent and Trademark Office](http://www.uspto.gov).
“Jedi,” “The Force,” and “Lightsaber” are trademarks of Lucasfilm, Ltd.
Tolkien Enterprises does not own the rights to the word “Mithril” (which, I just discovered, is a fictional metal in the LOTR universe), but Joseph Bumb of San Jose, Calif. owns the rights to the phrase for use in marketing jewerly, etc.
---
### Author:  [@mobo85](https://boards.straightdope.com/u/mobo85)
#### Post date: [September 15, 2005, 5:27pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/5 "2005-09-15T17:27:02Z")
Of course, some organizations may seek legal resolution even if they do not own the trademark to a phrase (perhaps they want to rightfully make money off of it). I read, for example, that a website that sells T-shirts featuring a phrase from a famous _Saturday Night Live_ sketch recieved a cease and desist letter from NBC-Universal, claiming that they owned the trademark on the phrases “I’ve got a fever and the only prescription is more cowbell” and “more cowbell.” They have not registered such trademarks.
---
### Author:  [@JThunder](https://boards.straightdope.com/u/JThunder)
#### Post date: [September 15, 2005, 5:28pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/6 "2005-09-15T17:28:25Z")
Trademarks don’t have to be registered. Registered trademarks are more readily defensible in court, but even a non-registered trademark can be defended (at least, in principle).
---
### Author:  [@rjung](https://boards.straightdope.com/u/rjung)
#### Post date: [September 15, 2005, 7:29pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/7 "2005-09-15T19:29:05Z")
> [@mobo85](#):
>
> “Jedi,” “The Force,” and “Lightsaber” are trademarks of Lucasfilm, Ltd.
I believe “droid” (or “–droid”) is, as well. Pixar reportedly needed to get permission from Lucasfilm to use the term “omnidroid” in _The Incredibles._
---
### Author:  [@marque\_elf](https://boards.straightdope.com/u/marque_elf)
#### Post date: [September 15, 2005, 8:28pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/8 "2005-09-15T20:28:38Z")
DC and Marvel jointly own the copyright on the term “superhero.” No other company can use it without getting their permission first.
---
### Author:  [@plnnr](https://boards.straightdope.com/u/plnnr)
#### Post date: [September 15, 2005, 8:53pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/9 "2005-09-15T20:53:27Z")
The Grateful Dead’s music publishing company is called “Ice Nine Music,” and is named after the element in Vonnegut’s novel that automaatically turns all water to ice. I believe that the band paid him for the right to use the term.
---
### Author:  [@betenoir](https://boards.straightdope.com/u/betenoir)
#### Post date: [September 15, 2005, 9:08pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/10 "2005-09-15T21:08:23Z")
> [@rjung](#):
>
> I believe “droid” (or “–droid”) is, as well. Pixar reportedly needed to get permission from Lucasfilm to use the term “omnidroid” in _The Incredibles._
Lucus trademarked a Greek suffix :dubious: ? That takes balls.
---
### Author:  [@seosamh](https://boards.straightdope.com/u/seosamh)
#### Post date: [September 15, 2005, 9:59pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/11 "2005-09-15T21:59:51Z")
In the UK at least, a single word or even a short phrase is considered not to fall under the definition of a “literary work” as defined in the [Copyright, Designs and Patents Act 1988](http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm).
---
### Author:  [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)
#### Post date: [September 15, 2005, 10:04pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/12 "2005-09-15T22:04:57Z")
Absent _Futurama_’s evidence to the contrary, I might have expected “Soylent Green” to have such protection.
---
### Author:  [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)
#### Post date: [September 15, 2005, 10:07pm UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/13 "2005-09-15T22:07:56Z")
> [@marque elf](#):
>
> DC and Marvel jointly own the copyright on the term “superhero.” No other company can use it without getting their permission first.
From here:
> [@](#):
>
> Marvel Comics Group and DC Comics, Inc. share ownership of the United States trademark for the phrase “Super Heroes” as it applies to comics, and almost all of the world’s most famous superheroes are owned by these two American companies.
I would take this to mean you could use the compound word “superhero” without a problem.
---
### Author:  [@picunurse](https://boards.straightdope.com/u/picunurse)
#### Post date: [September 16, 2005, 12:59am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/14 "2005-09-16T00:59:53Z")
> [@ExtraKun](#):
>
> I am not sure if “copyrighted words” are the right terms to use, but if I recalled correctly, the Tolkien Estate was threatening to sue D&D for the use of the words “Hobbits”, “Ents” and “Balrog”.
>
> What are some other fictional terms/reference that if used, might earn you a lawsuit? I know for sure Jedi is “reserved”, but what about the Force? Lightsabers? How about Mithril?
Ents and Entwives IIRC are from dutch legend…
---
### Author:  [@Marley23](https://boards.straightdope.com/u/Marley23)
#### Post date: [September 16, 2005, 1:20am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/15 "2005-09-16T01:20:57Z")
> [@picunurse](#):
>
> Ents and Entwives IIRC are from dutch legend…
Could be, but that doesn’t mean the Tolkien estate couldn’t have trademarked it. Paris Hilton didn’t invent the phrase “that’s hot.”
---
### Author:  [@JThunder](https://boards.straightdope.com/u/JThunder)
#### Post date: [September 16, 2005, 2:07am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/16 "2005-09-16T02:07:30Z")
> [@marque elf](#):
>
> DC and Marvel jointly own the copyright on the term “superhero.” No other company can use it without getting their permission first.
Trademark. Not copyright. Trademark.
---
### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [September 16, 2005, 4:16am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/17 "2005-09-16T04:16:06Z")
> [@](#):
>
> “Jedi,” “The Force,” and “Lightsaber” are trademarks of Lucasfilm, Ltd.
As is “Nazi”.
No joke, they trademarked it when they made _Raiders of the Lost Ark_. It’s just too bad nobody thought of doing it back in 1933; we could have slapped a “cease and desist” order on Hitler.
---
### Author:  [@Marley23](https://boards.straightdope.com/u/Marley23)
#### Post date: [September 16, 2005, 4:18am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/18 "2005-09-16T04:18:36Z")
> [@Little Nemo](#):
>
> As is “Nazi”.
>
> No joke, they trademarked it when they made _Raiders of the Lost Ark_.
So from now on, we have to say “Not to be a Grammar Nazi[sup]TM Lucasfilm Inc.[/sup]?” That sucks.
> [@](#):
>
> It’s just too bad nobody thought of doing it back in 1933; we could have slapped a “cease and desist” order on Hitler.
Oh yeah. That’s like that time some guy from the 1870s sued Hedy Lamarr.
---
### Author:  [@commasense](https://boards.straightdope.com/u/commasense)
#### Post date: [September 16, 2005, 5:04am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/19 "2005-09-16T05:04:34Z")
FYI, the [sup]TM[/sup] symbol is applied to trademarks that have been submitted but whose status is still pending. The ® mark is applied to trademarks that have been registered by the U.S. Patent and Trademark Office.
---
### Author:  [@WotNot](https://boards.straightdope.com/u/WotNot)
#### Post date: [September 16, 2005, 7:41am UTC](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815/20 "2005-09-16T07:41:02Z")
> [@ExtraKun](#):
>
> I am not sure if “copyrighted words” are the right terms to use, but if I recalled correctly, the Tolkien Estate was threatening to sue D&D for the use of the words “Hobbits”, “Ents” and “Balrog”.
I believe the major point in this case was that D&D were not only using the words, but using them to describe beings in their games that were essentially identical to the fictional entities created by Tolkein.
[Next page](https://boards.straightdope.com/t/copyrighted-words-from-works-of-fiction/321815.md?page=2)