"Copyrightability of Fictional Characters"
1. INTRODUCTION
In the ever-evolving tapestry of intellectual property law, the protection of fictional characters stand as a compelling and intricate thread, from the beloved Mickey Mouse to iconic James Bond characters have become more than just creations; they are cultural touchstones. This article embarks on a journey through leagl nuances surrounding the copyright protection of both graphic and fictional characters, examining pivotal court judgements and addressing the challanges inherent in securing legal sanctuaries for these imaginative entities.
As we navigate the complex interplay between creativity and legal frameworks, we unravel the distinct realms of protection afforded to graphic and fictional characters. From the courts' discerning gaze at the visual intricacies of graphic characters to the nuanced scrutiny of the "Character delineation " test for fictional characters, each facet contributes to the broader narrative of copyrightability.
Drawing insights from landmark cases, including the subtle recognition of character protection in Malyala Manorama v VT Thomas, this aimds to provide a comprehensive understanding of the dynamic landscape surrounding character copyright. As characters remain cental to storytelling, legal frameworks must evolve to ensure fair protection in a dynamic media landscape.[1]
2. COPYRIGHTABILITY OF FICTIONAL CHARACTERS
Section 13 of the Copyright Act of 1957 meticuluosly outlines the categories of works eligible for copyright protection, encompassing original literary, dramatic and artistic works, as well as cinematography filmsand sound recordings. Strikingly absent from this list is a specific provision safeguarding fictional characters, exploring the dynamic between the protection of the original work and the distinctive character within.
2(i) The Role of Copyright Protection
Copyright protection serves as a vital legal mechanism empowering authors to regulate the utilization and exploitation of the characters they bring to life. While the Berne Convention underscores that ideas themselves are not copyrightable, it emphasizes the protectability of the expression of these ideas. In the context of fictional characters, copyright protection enables creators to reap the rewards of their imaginative work, shape and the evolution of their characters in subsequent creations, and prevent unauthorized use of their protected creations.
2(ii) Separate Protection for fictional characters:
Central to the discussion is the assumption that fictional characters deserve copyright protection independently of the original work in which they debut. Despite initial peceptions of redundancy, a closer examination reveals the necessity for for separate protection. This is crucial not only to secure the character itself as a unique creation, particularly considering the commercial nature and the value of characters.[2]
3. USA and India - A Comaparative Study
US perspective:
The historical evolution of copyright protection for fictional characters in the United States, dating back to 1930, reveals the development of two prominenent tests: the Character Delineation Test and The Story Being Told Test.
Character Delineaton Test:
Notable in Nicholas v. Universal Pictures Corp., Judge learned Hand emphasized the protectability of fictional charaters independently of the plot. This test underscores that only the expression of a well-delineated character is subject to copyright, distinguishing between general ideas and unique expressions.
In Detective Comics Inc v. Bruns Publication, the court held that a characters original expression, rather than underlying ideas, is copyrightable.The case exemplifies the imprtance of character development in determining copyright protection.
Story Being Told Test:
Warner Brothers v. Columbia Broadcasting System introduced this test, emphasizing that characters serving as mere chessmen in the narrative's game might not fall within copyright protection. The focus here is on whether the character constitutes the essence of the story being told.
Walt Disney Productions v. Air Pirates affirmed the copyrightability of visually depicted characters, suggesting that a separate Story Being Told Test may be unnecessary if characters are distinctly delineated.
DC Comics v. Towle introduced a three- prolonged test for copyrightability: characters must possess physical and conceptual qualities, be sufficiently delineated, and contain unique elements of expression.
Indian Perspective:
India's approach to copyright protection for fictional characters is less extensive but notable cases have emerged.
In V.T. Thomas v. Malayala Manorama, the court implicitly recognized the copyrightability of fictional characters, focusing on ownership rather vthan specific criteria for protection.
Raja Pocket Books v. Radha Pocket Books and Star India v. Leo Burnett both assumed the copyrightability of fictional characters without delving into the criteria, emphasizing infringement analysis.
Arbaz Khan v. North Star Entertainment Pvt. Ltd. highlighted the unique and fully developed nature of the character Chulbul Pandey as a basis for copyright protection.
Disney Enterprises v. Pankaj Agarwal affirmed that fictional characters, like Lightning McQueen, can acquire trademark status and copyright protection, acknowledging the creativity effort behind character creation.[3]
4. Protetion of Characters through Trademark Rights:
In the realm of intellectual property, the safeguarding of creative characters extends beyond copyright, embracing the realms of trademark and publicity rights. Trademark righs operate independently of copyright, allowing cahracter owners to protect distinctive elements such as names, slogans, and visual representations. Notably these rights serve as a source identifiers. Visual representations of characters find protection under Trademark law, as demonstrated in cases like D.C. Comics v. Filmation Assocs. However, it's crucial to recognize the limitations of trademark protection, which does'nt extend to general character traits, furthermore characters portrayed by characters or celebrities may be shielded by rights of publicity, covering elements like name, image, or voice. This multi-faceted approach ensures a comprehensive shield for characters, balancing protection with the need to avoid monopolizing common character features.[4]
5. Misappropriation of Copyright:
Misappropriation of Copyright safeguards entrepreneurs' investment by preventing competitors from exploiting their creative efforts. Copyright infringement occurs when someone reproduces a copyrighted work without authorisation, emphasizing the form and expression of the original idea. The Misappropriation doctrine applies when a defendant seeks to benefit from the plantiff's creation, capitalizing on its reputation rather than their own originality. Assessing the legality of fan fiction involves considering copyrightability, derivative work rights, and fair use of doctrines. Instances like lone Ranger, Inc v. Currie and Warner Bros., Inc. v. American Broadcasting Co. illustarate legal actions against defendants using character names or immitating copyrighted characters. In the later case, the court emphasized considering the totatity of attributes and traits in determining character infringement, dismissing the fair use defense.[5]
6. CONCLUSION:
In conclusion, the legal landscape surrounding fictional characters is intricate, requiring nuanced consideration. From landmark cases acknowledging character protection to evolving tests like the Character Delineation abd Story Being Told in the U.S., the framework adapts to the unique challanges. Copyrightability, as outlined by the Copyright Act of 1957, empowers creators to regulate character use. The U.S. and India demonstrate distinct approaches, with the U.S. emphasizing tests and India focusing on character uniqueness. Beyond copyright, trademark and publicity rights offer a comprehensive shield. Misappropriation doctrine safeguards creators' investments. Assessing legal doctrines is vital in determining the legality of derivative works like fan fiction. As characters hold cultural significance, ongoing adaptation of legal frameworks is crucial for fair prtection in the dynamic media landscape.
CITATIONS:
1) "Copyrightability of characters", Manupatra. Available at: Sourav Kanti De Biswas, Copyrightability of Characters (The National University Of Judicial Sciences, NUJS Bhawan, 12 L B Block, Sector-III Salt Lake, Kolkata 700098, 19 january 2004). (Last visited, January 2, 2024).
2) Network, L.L.N. (2021) Fictional characters and copyright protection, LexForti. Available at: https://lexforti.com/legal-news/copyright-protection-of-fictional-characters/. (Last visited, January 2, 2024).
3) id
4) An overview of legal protection for fictional characters: Available at:
Schreyer, Amanda (2015) "An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests,"Cybaris@:Vol. 6 : Iss. 1 , Article 3.
Available at: https://open.mitchellhamline.edu/cybaris/vol6/iss1/3 (Last visited, January 2, 2024).
5) India, legal S. (no date) Copyright protection for fictional characters. Available at: https://www.legalservicesindia.com/article/2551/Copyright-Protection-For-Fictional-Characters.html. (Last visited, January 2, 2024).
