Using a well known Superhero in a film, but not in a usual way.

[Fiveacre Films]

For several years I have been sitting on a very good screenplay written by a friend of mine over a decade ago. He was pretty much a nobody back when he wrote it, but is now a well-known published author. Still, he says the script is mine if I want to produce it. The story is a dark comedy which could be made for hardly any cost at all. No explosions, no car chases, no stunts, no VFX. Mainly just the half a dozen or so characters sitting around various locations and talking. It's that kind of a picture.

Here's the thing: The main character is a very dysfunctional young man trying to cope with life and ultimately get the girl. One of his coping mechanisms is an imaginary friend who happens to be certain well known (and trademarked) comic book superhero. This superhero shows up periodically (Only in our main character's head. We, the audience can see him, but no one else in the film can) to offer advice. That's all he does. He's doesn't fight crime. He doesn't fly or swing around the city. He doesn't do any of his typical superhero stuff. He just gives advice and serves as someone to talk to when the guy is alone.

Any advice on actually using this superhero in the film? I know I could just make up a similar comic book character of my own to fill the part. But the film would be so much more effective and funny if we could use the actual well-known character. Any thoughts?

Would using the superhero in this way be considered parody or fair use?

 

[TheArtist]

Dude, Batman would be the easiest of all! You can't trademark an all-black body-armor-suit with a black cape and mask. Shit, you could even add the ears, or at least something hinting at ears. We're not talking about copyright, we're talking about trademark. So don't use the bat-logo, or anything even remotely resembling it.

It's ridiculous how much Big Daddy looks like Batman, in Kick Ass. They even refer to him as the guy that looks like Batman. But he's NOT Batman. He doesn't have the Batman logo. He's just a dude who dresses in all-black body-armor, with a nifty gold utility belt, a black cape, and a black mask, with what appears to be something almost like ears.

Give your character the Big Daddy costume treatment, instruct your actor to speak in Christian Bale's exaggerated gruff-grumble-Batman-speak, and your audience will get it. This wouldn't even need to fall into the fair-use exemptions for copyright, because you won't be using any material that has a copyright on it.

You're fine. Put a fake-Batman in your movie, that sounds awesome!

I dig what you're saying but this feels "parodic". He wants to audience to know that the guy IS Batman, not a rip-pff of Batman.

Okay for the black cape and and black costume but the mask is very hard to pull off. Especially if you have to make it on a low budget. Don't fall into ridiculous by trying to copy a costume from Hollywood.