Asked by: Rick Erickson

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.

Can character names be copyrighted?

IANAL disclaimer but generally character names themselves cannot be copyrighted. They may be trademarked but only if the literary work/movie/or a related product were named after the character. So, trademark would only come into play for secondary characters in widely merchandised works.

Are fictional characters copyright?

Fictional characters are fundamentally not copyrightable as the Act states that under no circumstance can copyright protection for an original work of authorship prolong to any idea, and if a fictional character were no more than a stock character, such a character would lack the novel expressive quality required for …

Can you draw copyrighted characters?

Any commercial use of a copyrighted cartoon character without permission of the copyright holder is a violation of law. This includes the sale of any drawings or art works, either by themselves or in some other form such as on a T-shirt, team logo, advertisement, billboard, or promotional design.

Are characters names trademarked?

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.

How do you protect a character’s name?

Three hints that you may find useful for protecting your fictional characters are:

1. Copyright register the underlying work that incorporates the fictional character.
2. Trademark register the fictional character’s name or unique verbal expression.

What characters are not copyrighted?

Best Public Domain Characters

1. Robin Hood.
2. Zorro.
3. Dracula.
4. Sherlock Holmes.
5. John Carter.
6. Frankenstein’s Monster.
7. Scarecrow.
8. Dorothy Gale.

What is fair use characters?

Fair use is a legal doctrine that permits limited use of works protected by copyright without requiring permission from the copyright holder.

Can I draw Mickey Mouse and sell it?

The Walt Disney Company owns the rights to its characters, so you cannot sell your drawings of them. This would also mean you are violating the Walt Disney Company’s copyrights. They own the intellectual property rights to these characters. Your Disney artwork can be sold only if you have a license from Disney.

Is Eeyore copyrighted?

According to an article in USA Today, legendary characters Winnie the Pooh, Piglet, Eeyore, Kanga and Owl are going to enter the public domain, and not be under copyright protection from Disney. Disney acquired the copyright to Winnie the Pooh books and its characters in 1961.

Are Disney princess names copyrighted?

Disney protects its characters with trademark and copyright registrations. A trademark protects a brand name, while a copyright protects an original work such as a movie or book. The owner of a trademark or copyright registration for a fictional character can prevent others from using the character without permission.