Is the name Dragonborn copyrighted?

Is the name Dragonborn copyrighted?

Direct Answer

Yes, the name Dragonborn is copyrighted. In the fantasy tabletop role-playing game Dungeons & Dragons (D&D), the Dragonborn is a species of player character created by Wizards of the Coast (WOTC). The company has copyright protection for the name and the characteristics associated with this species. While the term "dragonborn" may evoke a sense of mythology and folklore, the specific combination of characteristics, traits, and storyline associated with WOTC’s Dragonborn is intellectual property (IP) and subject to copyright law.

Background and History

WOTC, founded in 1990, acquired the rights to publish the popular game Dungeons & Dragons from the original creator, Gary Gygax. Since then, WOTC has developed the game’s content, including characters, locations, and storylines, which are protected by copyright. The Dragonborn is one such creation, first introduced in the 4th edition of the game in 2008. The company has since released various campaigns, adventures, and sources that feature the Dragonborn species.

Copyright Law

In the United States, copyright law protects "original works of authorship" fixed in a tangible form, including literary works, musical compositions, dramatic works, pantomimes, and sculptures. [1] According to 17 U.S.C. § 102(b), "copyright protection extends only to those applicable laws existing at the date of publication." In the case of WOTC’s Dragonborn, the copyright claim would have originated when the game was published, not when the mythology of dragon-like creatures began.

Limitations and Exceptions

While WOTC owns the copyright for the specific use of the name Dragonborn, certain limitations and exceptions apply:

• Fair Use: The copyright law allows for fair use, which is the limited use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. This may allow creators to reference or allude to WOTC’s Dragonborn in a creative work without infringing on the copyright.
• Public Domain: In general, public domain works, such as ancient mythology and folklore, are not protected by copyright. As such, artists and writers can draw inspiration from these sources without infringing on the copyright.

Use and Licensing

WOTC licenses their intellectual property, including the Dragonborn, to game developers, publishers, and other stakeholders. This license grants permission to use WOTC’s IP under specific conditions, such as attribution and restrictions on further distribution.

Conclusion

In summary, the name Dragonborn is copyrighted, and its use is governed by the terms of Wizards of the Coast’s licensing agreements and copyright law. While public domain works can serve as inspiration, creative works that heavily borrow or replicate the characteristics of WOTC’s Dragonborn may be subject to legal action. For creators interested in referencing the Dragonborn, fair use principles or obtaining licensing agreements can be explored as a means of ensuring legal compliance.

References:

[1] Title 17, United States Code, § 102(b)

Note: Please consult with legal experts to ensure accuracy and compliance with specific laws and regulations regarding copyright and licensing.