Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights. To obtain this type of protection, a creator must prove that the characters are sufficiently unique and distinctive to merit this protection.

How do you know if a character is copyrighted?

What is fair use of characters?

However, copyright law allows parties to make “fair use” of another's copyrighted work or character in certain situations. The Fair Use Doctrine is a common defense to copyright infringement and allows an artist, in limited situations, to use copyrighted material without getting permission from the copyright owner.

Is it copyright infringement to reference a character?

This is not a copyright issue.

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.

Are you allowed to draw copyrighted characters?

Only if you made a copy of their drawing and attempted to distribute it, then you would be violating their copyright in their original work. If you draw from a copyrighted image and you display it, is it illegal? The answer is No.

Copyright in Fictional Characters

Can I draw Disney characters for personal use?

To utilise Disney characters without violating their rights, you must obtain permission from The Walt Disney Company or its subsidiaries. Its characters are protected by copyright and trademark laws, and unauthorised use can lead to legal consequences.

Can you get sued for drawing a copyrighted character?

Can you get sued for drawing a copyrighted character? It is copyright infringement to create a derivative work from a work protected by copyright without permission, even if you do not distribute it. (Most often it only comes to the notice of the copyright owner when it is distributed, however.) Definitely.

How do you avoid copyright infringement of a character?

Fictional characters can, under U.S. law, be protected separately from their underlying works. This is based on the legal theory of derivative copyrights. To obtain this type of protection, a creator must prove that the characters are sufficiently unique and distinctive to merit this protection.

Can I mention Harry Potter in a book?

Basically, just remember that mentioning a trademark protected character like Harry Potter in your book will not land you in litigation, nor will using the name Harry Potter to refer to the Wizarding World of Harry Potter Theme Park.

Should I trademark or copyright a character?

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.

How do you legally use copyrighted characters?

What are the 4 fair use exceptions to copyright?

Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

How long can a character be copyrighted?

Character monetisation

These characters are often registered as trademarks because such rights can be renewed, and their protection continue infinitum (copyright in this field generally runs out 70 years after the death of the author).

Are characters automatically copyrighted?

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.

How much does it cost to get a character copyrighted?

To register your content with the US Copyright Office, visit copyright.gov to get started. Online registration usually costs between $35 and $55, and you'll have to send a copy of your completed work to the U.S. Copyright Office either through the mail or via its website.

Which characters are out of copyright?

How do you avoid Harry Potter copyright?

Obtain Permission

If you intend to use a character directly from the Harry Potter series, obtaining explicit permission from the copyright holder is the safest way to avoid copyright infringement.

Can I use the word muggle in my book?

The bad news is that “muggle” is trademarked in novels, movies, stage productions, radio shows, television series, photographs, stationery, office supplies, and more. So yes, using “muggle” in your book is absolutely positively an infringement.

Is the word Gryffindor copyrighted?

Gryffindor. This heraldry-like logo consists of a shield with a helmet and lion design surrounded by a leaf design, a moon, and a star above a banner finished with the word “Gryffindor.” The first use of the logo was in 2011. The name was also trademarked (in 1999).

Can I sell Harry Potter inspired items?

You cannot sell Harry Potter in any form whatsoever. It is trademarked.

What is the single easiest way to avoid copyright infringement?

1. Do not copy anything. While it may be obvious, the number one thing you can do in your practice to avoid infringement claims is not to copy any prior work. This simple rule can avoid 99 percent of infringement claims.

Can you sell shirts with licensed characters?

You can legally sell shirts with copyrighted characters only if you have the copyright holder's permission to do so. Copyright is the exclusive right given to a creator to reproduce, distribute, or publicly display the creator's artistic, literary, or artistic works, or give permission to others to do so.

Is it illegal to draw Mickey Mouse?

It's only illegal to draw him for personal profit. Mickey's in “art” all the time as a statement of one sort or another. It's ok to sell the original art, but not copies of your art.

Can I sell Sanrio fanart?

Under U.S. and international laws, Sanrio is responsible for ensuring the quality and safety of its products and services. Therefore, only Sanrio and its authorized licensees can make or sell services and products that feature the names and/or images of Sanrio's characters.

Is fanart technically illegal?

If the owner does not consent to a particular use of a work, fan art may be considered infringement of either the copyright and/or trademark of the original work that the art is based on. On the other hand, it may not be infringement if it is considered a “fair use” of the work.