Little Question on Mythology

[thedarknessrising]

I'm currently in a D&D game brilliantly run by my best friend. As part of the story, he told each of us to choose one item from mythology that we were going to use in game. It could be any item, as long as it had some base in mythology. I chose Mjolnir for my dwarf fighter.

I'm starting to develop a novel about this character, because I really think his story would work well as a novel. My question is, would I be able to get away with using the hammer in my novel? Or would it be too close to copyright infringement. I know that you can't copyright myth, but there's the issue with Marvel Comics and Thor.

My hammer does actually differ a little from the original. For example: it weighs about thirty thousand pounds, and can only be lifted by someone wearing a specially made pair of magic gloves that imbues them with the strength to lift it (it does not give them super strength. There's a rune on the gloves and hammer, that, when they come into contact, activates the spell and allows the user to lift the hammer. They could not don the gloves and lift anything else that's extraordinarily heavy.) The hammer also does not come back to the wielder after it was thrown. It does have the ability to summon lightning, but not an entire storm.

What do you guys think? Could I use this in a story?

 

[Gryphos]

As far as I'm aware, Marvel doesn't own Mjolnir or Thor or anything else which has its basis in mythology/folklore. So yeah, I think you're good.

 

[FifthView]

Like Gryphos, I think that the fact that the mythology of Mjolnir precedes Marvel's use means you'd be fine using it.

The Wikipedia page mentions the fact that the hammer would return to the hand of whoever threw it, but there's no mention of its summoning lightning. [I mean, the hammer of mythology.] If that added bit is a Marvel addition, you could possibly run into a little bit of trouble, although I think maybe that's a small thing in the overall scale of things (its preexistence in mythology.) I think that the mythological god Thor was associated with thunder and lightning, but that actually precedes Mjolnir?

I'd guess the bigger problem might be in the fact that Marvel has so thoroughly coopted Thor and Mjölnir, and their versions are now so ingrained in the popular imagination, your readers might automatically make the association, and even the fact that the hammer has a basis in a much older mythology won't prevent that. So using those might come across as an easy steal or copycatting. You could perhaps preempt and prevent or lessen that effect if you create and present a picture that feels more based on the mythology, more authentic, than the comic book version.

 

[troynos]

I believe the lightning thing is part of the myth and not just Marvel.

Walter Simonson, in his Ragnarok comic series from IDW (great series BTW), has had his Thor unleash lightning.

I think the flying thing is pure Marvel, but I could be wrong.

 

[CupofJoe]

... My hammer does actually differ a little from the original. For example: it weighs about thirty thousand pounds,...
... What do you guys think? Could I use this in a story?

Not what you asked but I be worried about anything that weighed 15 tons in one small package.
I'm assuming that if it's held its weight is negated so you could ride a horse carrying the hammer. cross bridges, climb stairs etc.
Otherwise the owner would have to hold it all the time and walk or see it crush every table, horse, small building it was laid down upon, and need to travel around in a fairly big truck...
As for what it can do... Have at it!

 

[La Volpe]

I agree with the other sentiments in this thread. You should be fine if you stick to the actual mythology rather than the bits made up by Marvel.

I believe the lightning thing is part of the myth and not just Marvel.

Walter Simonson, in his Ragnarok comic series from IDW (great series BTW), has had his Thor unleash lightning.

I think the flying thing is pure Marvel, but I could be wrong.

As far as I know (and this is based on knowledge buried deep in the back of my head, so take with a grain of salt), Thor himself has the power to summon lightning (and storms), not the hammer. Also, as to the flying: Marvel's Thor throws the hammer and holds on to the strap, I think. While the mythology Thor had some kind of chariot that he rode through the storms.

 

[RedAndy]

Thor appears in the Douglas Adams book The Long Dark Tea-Time of the Soul and, similar to the Marvel character, flies by throwing his hammer and hanging onto it. So I don't think using that element in a story would present any copyright problems either.

 

[Holoman]

Just a tangential thought, but you could call your hammer something else and say that the myth of Mjolnir is based on your hammer.

 

[kherezae]

I would imagine you're fine here. Mjolnir pops up in all kinds of fiction. Hell, the Spartan armor in the Halo games is named Mjolnir! (I think they write it in all caps, but still.)

Particularly with the specifications you listed, I doubt there'd be any problem.

Just... maybe stay away from a character calling it "Mew Mew" because they can't pronounce it

 

[scribbler]

I wouldn't worry about it all that much. If you look into R.A. Salvatore's novels he has a character named Wulfgar who is a 7 ft. tall, blonde-haired barbarian who wields a magical warhammer that returns to his hand when called. ?long as you make the idea your own and borrow elements from Norse mythology and not Marvel mythology you should be fine. Could the hammer have come from a dwarven god? The hammer may have different powers based on the culture of your dwarves.

 

[brian dunn]

why not just create your own magical hammer then you need not worry ?

 

[BrainMatter]

It's pretty simple -

The name "Thor" cannot be copyrighted, BUT the visual look, and background story that Marvel created for the character can still be copyrighted.

Basically, Marvel's Thor is based Marvel's own "superhero" interpretation of the norse god...Since Marvel was the one that created this interpretation, they own the rights.

The look of Marvel's Thor, is also copyrighted.
While individual items such as armor cannot be copyrighted, armor combined with other elements can be copyrighted.

Prior to Marvel's Thor character, there was never a Thor interpretation that had him wearing this exact combination of gold, red and blue, armor, knee plates, a row of chest discs, hammer and winged helmet.
Marvel was the first to incorporate all of these elements into one entity...Thus they own the design

Licence copyright of a god? Thor related.
Here you go!

 

[S J Lee]

I'm pretty sure you could have a Robin Hood novel or a King Arthur novel.... BUT do not copy the Kostner movie version... or Boorman's Excalibur movie

Amon Amarth have had many albums / tshirts / songs about Thor and his hammer etc- BUT their Thor is a "different" Thor

Twilight of the Thunder God - Wikipedia
Got to no. 50 in the States in 2008, no problems with Marvel that I know of

Neil Gaiman in Sandman had his own Thor / Odin / Loki arriving at Morpheus' feast... no problems...
https://2.bp.blogspot.com/--I5TE7KYrKA/UuvFR-GWuJI/AAAAAAAAG7I/MRvdm1iD0zU/s1600/sandman+#24.jpg

Dynamite Comics had a Red Sonja meets Thor story too... no worries...
Red Sonja Wrath of the Gods - Bing images

oops sorry old thread... never mind...