You can’t violate copyright just by using a word, name, title, or other short phrase that somebody else used. A different intellectual property right might apply, but as long as it’s clear that you’re writing fiction, it should be fine.

Is it copyright infringement to reference a character?

For characters, the character only becomes protected under copyright law once it becomes a unique expression, i.e. drawing your own rendition of something or adding certain attributes.

Are character names copyrighted?

Just saying the name of a fictional character or showing it in a movie generally isn’t a trademark use, but there could be other issues involved such as copyright infringement.

Are fictional character names trademarked?

A fictional character, similar to a graphic character, cannot obtain trademark protection for its own protection, but may only be protected when the trademark indicates a particular source of goods and services.

Are characters protected by copyright?

Copyright protection is available to both characters that have been solely described in writing, as well as characters depicted in a visual or graphic form. What is required is that the character in question possesses original or a set of distinctive traits, and visual representation is not essential.

What famous characters are not copyrighted?

Best Public Domain Characters

• Robin Hood.
• Zorro.
• Dracula.
• Sherlock Holmes.
• John Carter.
• Frankenstein’s Monster.
• Scarecrow.
• Dorothy Gale.

Is the name Harry Potter copyrighted?

Warner bros trademarked the name Harry Potter in 1999 when filming for Harry Potter and the sorcerers stone began. The Harry Potter trademark applies to the following categories: Motion picture films, including animated films.

How much is it to copyright a character?

No lawyers are required. You can register your cartoon by submitting application Form VA to the U.S. Copyright Office, along with a $45 fee (2019 figure) and the appropriate deposit materials. Note that registration fees may increase from year to year.

Can a fictional character be copyrighted?

Fictional characters can be protected separately from their underlying works as derivative copyrights, provided that they are sufficiently unique and distinctive. Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights.

What characters are fair use?

To determine fair use, Courts look at the following factors:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• The nature of the copyrighted work;

What is not protected by copyright?

Not Protected by Copyright:



Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.

Can I copyright my original character?

Thus a drawing, picture, depiction, or written description of a character can be registered for copyright. Protection does not, however, extend to the title or general theme for a cartoon or comic strip, the general idea or name for characters depicted, or their intangible attributes.

How long does copyright last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Are game character names copyrighted?

In the games and characters context, this means that things such as game rules, game mechanics, and basic plot are not protected by copyright. Nor does copyright protect the name of the game or character names.

Are comic book character names copyrighted?

It does not protect the name of a character unless that character’s name also serves as a trademark. A comic book series can be protected by both copyright and trademark law. The art and story in a comic book are protected by copyright law.

Are Disney characters copyrighted?

The Disney Group takes Disney trademark infringement seriously and has copyright and trademark registrations to protect its characters. Anyone who wants to use the characters from the Disney franchise must follow all legal requirements to avoid infringing on the company’s intellectual property rights.

How do you copyright a character?

There are two ways to apply for copyright registration. Online registration through the electronic Copyright Office (eCO) is the preferred way to register basic claims for literary works; visual arts works; performing arts works, includ ing motion pictures; sound recordings; and single serials.

How much does it cost to copyright a character?

No lawyers are required. You can register your cartoon by submitting application Form VA to the U.S. Copyright Office, along with a $45 fee (2019 figure) and the appropriate deposit materials. Note that registration fees may increase from year to year.

Do fictional characters have rights?

Fictional characters can be protected separately from their underlying works as derivative copyrights, provided that they are sufficiently unique and distinctive. Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights.