How long can you own a character?

How Long Can You Own a Character?

In the world of intellectual property, owning a character can be a valuable asset for creators and businesses alike. But just how long can you own a character? The answer lies in understanding the nuances of copyright and trademark laws.

Copyright Protection

In the United States, copyright protection is available for original literary, dramatic, musical, and artistic works, including characters. The duration of copyright protection depends on the date of creation and publication. Characters created after 1977 enter the public domain 70 years after the creator’s death. For example, if a character was created in 1980 and the creator passed away in 2020, the character would enter the public domain in 2090.

Corporate Characters

Characters created by corporations, on the other hand, have a longer lifespan. The copyright for corporate characters expires 95 years after publication or 120 years after creation, whichever comes first. This means that if a character was published in 1928, it would enter the public domain in 2023.

Derivative Works

Derivative works, which are works that are based on or derived from an existing work, can also be protected by copyright. Fictional characters can be protected separately from their underlying works as derivative copyrights. This means that even if a character is no longer under copyright, derivative works based on that character can still be protected.

Licensing and Trademarking

Characters can also be protected through licensing and trademarking. You can trademark a fictional character if you use their name as a trademark to brand your products or services. This can help to prevent others from using the character’s name or likeness without permission.

Public Domain

Characters that are in the public domain can be used freely by anyone without the need for permission or payment. The Steamboat Willie version of Mickey Mouse, for example, will enter the public domain in 2024. This means that anyone can use the character without having to obtain permission from Disney.

Conclusion

In conclusion, the length of time you can own a character depends on a variety of factors, including the date of creation and publication, the type of character, and the jurisdiction. Characters created after 1977 enter the public domain 70 years after the creator’s death, while corporate characters expire 95 years after publication or 120 years after creation. Derivative works and trademarking can also be used to protect characters. Understanding the nuances of copyright and trademark laws is crucial for creators and businesses who want to protect their intellectual property.

Important Dates

• 1928: Steamboat Willie version of Mickey Mouse created
• 2024: Steamboat Willie version of Mickey Mouse enters the public domain
• 1977: Copyright Act amended to extend copyright protection
• 2020: Creator of a character created in 1980 passes away

Table: Copyright Protection Duration

Bullets: Important Considerations

• Date of creation and publication
• Type of character (individual or corporate)
• Jurisdiction (country or region)
• Derivative works
• Trademarking