Bdtyktl

Would it be a violation of copyright and/or plagiarism to “borrow” a character from another novel?

For example, I have a short story and want to include as a side character Ender (of Ender’s Game). I would preserve Ender’s name, family, personality, etc. But Ender would only play a small part in the story.

It’s not the brightest idea, but I’m curious if it’s legal.

The point of copyright law is primarily to protect the financial interests of the original author. If you copied long sections of "Ender's Game" into your book, to the point that a court concludes that someone might buy your book INSTEAD OF buying "Ender's Game", you would lose a copyright lawsuit. If you just copy a few snippets here and there, it would probably be considered "fair use". If you just referred to the character without copying any words from the original besides his name, that would definitely not be copyright violation, because you haven't copied anything.

It might be trademark violation, which is a whole different issue. If Mr Card or his publisher believes you are appropriating their trademark to take advantage of their good name, they could sue you for trademark violation. In this case there would presumably be little question that you are indeed deliberately copying there trademark. So the only question for a court would be whether you had done them any harm.

Regardless of the legalities, you might seriously consider what you are trying to do from a literary and artistic point of view.

Using someone else's character is generally seen as being lazy or uncreative. Readers expect you to invent your own characters.

If you just make a quick reference to someone else's character for a joke or a comparison, like "he's as strong as Superman!", you'd almost surely get away with it legally and artistically. I recall a novel I read once that had a brief section where the hero runs into a strange space-time anomaly and heroes from 3 or 4 other's people books show up. They all quickly leave and he gets back to his own characters. Personally I thought it was awkward. I suppose some readers thought it was cute. But drag that sort of thing out much and it just makes your story look like fan fiction rather than an original work.

I am not a lawyer, but you really should not do this. Orson Scott Card (OSC) and any partners he has (publisher, movie studios) own "Ender", and you cannot profit from it in any way whatsoever. OSC and his partners are rich enough to sue you even if you don't make any money, and may even be legally obligated to sue you in order to protect their property, if your work is public in any forum. Including all the details of Ender and his family would likely be held by a court to be "substantially the same" text as what OSC wrote, So I think you would be held liable, not only for any profits you made, but extra damages as well.

The only plausible reason for you to do that is to increase the appeal of your story, and hence the financial value of your story, in the court's view by stealing the intellectual property of OSC.

Use your own imagination. Do not presume that because others writing fan-fiction are getting away with it, you can get away with it too. They may not be poking at the same bear as you would be, and in crime the excuse that other people are getting away with it all the time doesn't hold any water for defense.

This is de facto fan fiction, which seems to be in a legally gray area, where it's generally ignored UNLESS someone tries to profit from it. If you're including someone else's work in a profit-making venture, ethically speaking, you should get permission and/or pay them.