Are Characters from TV Shows and Media Copyrighted?
Characters from popular TV shows and media often bring a unique appeal and significance to the storylines they inhabit. But one common question arises: are these characters themselves copyrighted? This article aims to clarify the legal status of characters and the implications for their use in different contexts.
Understanding Copyright and Character Protection
Legally speaking, characters themselves do not have separate copyright protection. Instead, the characters are protected as part of the works in which they make an appearance. This means that if you use a character from a copyrighted TV show, movie, or book without permission, you may be infringing on the copyright of that work.
For example, using Sheldon from The Big Bang Theory without the producers' authorization would be considered copyright infringement. Similarly, using other elements like Hogwarts, Spider-Man, Justice League of America, or the The Umbrella Corporation would also be an infringement. These elements are derivative works, and their distinctiveness lies in the context of the original copyrighted works.
Character Names and Trademarks
While characters themselves are not copyrighted, their names can sometimes be trademarked. For instance, the name "Iron Man" is protected as a trademark by Marvel, ensuring that only authorized merchandise and content can use this name. This is why the Harry Potter character, while not copyrighted, cannot be used without permission in other works due to the copyrighted nature of the books and movies in which he appears.
Derivative Works and Public Domain Characters
Creating derivative works using characters from copyrighted works requires permission from the copyright owner. For example, writing a fan fiction story about a character from a copyrighted series without permission would be considered copyright infringement. However, if the character comes from a work that is in the public domain (such as Robin Hood or William Shakespeare's characters), you can create your own unique version of these characters without needing permission.
Title Characters and Recognizable Characters
Title characters tend to be the most recognizable in media, such as Harry Potter in the Harry Potter series, Buffy Summers from Buffy the Vampire Slayer, and Angel from Angel. Using a recognizable name or a unique trait associated with these characters would likely be considered copyright infringement. A girl named Buffy who slays vampires and attends high school or college would face significant legal challenges if used in a work without permission.
It is essential to differentiate between a recognizable title character and a completely unique version of that character. While the core concept (a vampire slayer at high school) might be similar, the names, friends, and other unique elements must be different and unique enough to make the work distinct.
Disney's Approach to Character Copyrights
Disney is known for its extensive use of copyrighted characters, and they typically claim rights to their characters. This includes not just the literal character but any derivative uses, costumes, and merchandise. To avoid legal issues, it is crucial to use characters exclusively in authorized contexts when creating fan works or derivative content.
In summary, characters from TV shows and media are protected by the copyrights of their original works. Character names may also be trademarked, further limiting their usage. While it is possible to create unique versions of characters from public domain works, using characters from copyrighted works requires permission from the copyright owners to avoid infringement.
Conclusion
Understanding the legal boundaries around character copyright and usage is crucial for creators, fans, and anyone aiming to work with media characters. Always seek permission or use public domain characters to avoid potential legal issues.