All Questions in Trademark Ownership >> Character Rights in Narratives

Character Rights in Narratives

Posted by . updated on 11/11/2009
I hope this question is being asked in the proper forum. With the recent release of the film version of The Da Vinci Code, it got me thinking about character rights. Dan Brown created the character Robert Langdon, who is the main character in the book and movie. When a writer creates a character that is initially in a novel or short story narrative, he or she owns the rights to that character. How does this work? Does the copyright of the book act as some sort of 'trademark' so that another author could not use the same character? What is protected? Is the name and described likeness of the character covered by an actual trademark? I am simply curious as to the mechanics of IP protection dealing with this sort of rights issue.

I tried to find similar questions on this topic, but none satisfied my exact question.

Thanks,

MLF
Answers (2)
 
Isaac
Here is a link to a discussion of the topic of protecting fictional characters.  I think the author has done a good job of describing the state of the law.

http://www.publaw.com/fiction.html
 
 
mlfveer
Thank you!!! Exactly what I needed.
 

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