Guidelines

Can names of characters be copyrighted?

Can names of characters 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 characters from movies copyrighted?

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 buy the rights to a character?

  1. Find the name of the copyright owner. For a cartoon character, the syndicate or the publishing company likely holds the copyright for the artist.
  2. Look up the copyright owner’s address or email address.
  3. Write a letter or email requesting permission to use the cartoon.
  4. Wait for a response to your request.
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How do I get permission to use a character?

In general, the permissions process involves a simple five-step procedure:

  1. Determine if permission is needed.
  2. Identify the owner.
  3. Identify the rights needed.
  4. Contact the owner and negotiate whether payment is required.
  5. Get your permission agreement in writing.

Are there real people with the same name as your character?

Unless you use a completely made up name, there will be be real people with the same name as your character. Now most of these real people with the same name will be rather different from each other. Your job is to make your character a different from each of these real people as any of them are from one another.

Can a character name be trademarked?

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.

Is it legal to name a character after a dead person?

Some have even auctioned off that right to be named after a character who dies. This is not a copyright issue. As others have mentioned, people can have all kinds of names. However, it could become a character defamation issue.

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Are movie characters protected by copyright law?

Famous franchise movie characters, like Rambo, Snake Plisskin, and RoboCop, are protected by copyright law because of the copyright in the film and script, but only to the extent of the creative expression by the author.