Can I make a Harry Potter movie or play? Producing a movie or a play based on the Harry Potter series would almost certainly be a copyright violation unless you obtained a license from the copyright holders. The rights to produce movies and plays based on the Harry Potter series are owned by Warner Bros.
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. Digital audiotapes.
Examples of Copyright Protection for Fictional Characters
Consider, for example, James Bond, Fred Flintstone, Hannibal Lecter, or Wonder Woman. These characters are much more than any particular film or TV episode. They are famous entities unto themselves, capable of launching franchise series.
“If a character has a distinctive name and well-defined personality—whether it's Harry Potter or his sidekicks Hermione Granger or Ron Weasley—they belong to the copyright holder, and you can't use them without permission,” says our legal expert Amy Cook.
Harry Potter And The Cursed Child - Teaser Trailer (2024) Warner Bros. | Wizarding World Concept
Is naming your kid Hermione illegal?
Hermione
Harry and Ron are acceptable names in many parts of the world, but in the Mexican state of Sonora, Hermione makes the banned baby names list. The Greek name, which means “well born,” predates the studious witch in the Harry Potter series.
Some characters also are well known enough to receive trademark protection too. Writers may only use copyright and/or trademark protected characters without permission under limited circumstances like when the use is considered fair or de minimis, or if the characters have entered the public domain.
Materials from the Harry Potter series of films and from the film Fantastic Beasts And Where To Find Them are provided courtesy of Warner Bros. Entertainment. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder's rights.
As Copyright.gov notes, “a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.” This is why no one can predict when the Harry Potter character will enter the public domain.
Rowling, her various publishers and Time Warner, the owner of the rights to the Harry Potter films, have taken numerous legal actions to protect their copyrights, and also have fielded accusations of copyright theft themselves.
Can I Sell Fan Art on Etsy: Just as you CAN rob a store, you CAN sell fan art and copyrighted works on Etsy, however just as with any form of breaking the law: it's at your own risk. In some cases you may be protected by fair use but as soon as you're making money from it, assume that you're not.
Can You Legally Make and Sell Harry Potter Related Products? No, absolutely not. Everything Harry Potter is well protected with multiple trademarks that are owned by Warner Brothers Entertainment. In fact, it's difficult to find something related to Harry Potter that isn't trademarked.
Selling gear in Hogwarts Legacy is a relatively simple procedure; all you need to do is find vendors or shopkeepers in Hogsmeade or the surrounding Highlands that accept the exchange of goods.
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.
You can't use copyrighted work without the owner's permission — but that doesn't mean you can't negotiate for permission after the fact. If your fan art is already well-established and you have a loyal following, you might be able to pay a licensing fee to the copyright owner.
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
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.
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 name a business after a fictional character?
Yes, the name and likeness of a character can be a trademark! You can trademark a fictional character if you use their name as a trademark to your brand your products or services.
Yes, lots of sounds have trademark protection – or soundmark protection. Darth Vader's breathing is trademarked by Lucasfilm, now a subsidiary of Disney.
In 2022, the year it was most popular for American boys, the name was ranked at No. 606 on the popularity chart and was used for 460 boys. The name was also given to nine newborn American girls in 2022.
As far as the words 'Darth Vader' are concerned there is no copyright in them, but as you seem to recognise, the problem lies with them forming a trade mark which is registered in several classes, including posters.
