Answer
May 27, 2018 - 09:56 AM
Characters, whether described merely in writing in the text of a work or depicted in graphics, can be of enormous economic value, often far in excess of the value of that text.
Characters can form the basis for motion pictures, television productions, video games, web sites, merchandising rights and other such forms of exploitation that can make the income received from the ownership of rights in characters dwarf the income from the text in which the characters appear.
As but one example, how many of you have read the original book “Pinocchio” compared to those that have had, as a child, some merchandise bearing the likeness of that character?
Trademark
Rights to characters may exist under federal trademark law as well as under state laws dealing with unfair competition and passing off.
The key to federal trademark protection is that marks are protectable only to the extent that they are used to identify the source of certain products and/or services.
Thus it is not merely having a description or depiction of a character, whether in text or graphic format, that matters.
Instead, trademark rights depend upon having a character that is used in relationship to specific goods and/or services and which character is then deemed to be a “source identifier.”
The latter term means that the character is considered in the minds of the public as identifying a particular source of the goods and/or services......
Characters can form the basis for motion pictures, television productions, video games, web sites, merchandising rights and other such forms of exploitation that can make the income received from the ownership of rights in characters dwarf the income from the text in which the characters appear.
As but one example, how many of you have read the original book “Pinocchio” compared to those that have had, as a child, some merchandise bearing the likeness of that character?
Trademark
Rights to characters may exist under federal trademark law as well as under state laws dealing with unfair competition and passing off.
The key to federal trademark protection is that marks are protectable only to the extent that they are used to identify the source of certain products and/or services.
Thus it is not merely having a description or depiction of a character, whether in text or graphic format, that matters.
Instead, trademark rights depend upon having a character that is used in relationship to specific goods and/or services and which character is then deemed to be a “source identifier.”
The latter term means that the character is considered in the minds of the public as identifying a particular source of the goods and/or services......
By
Every writer who creates fictional characters, should own the rights to all of their works or intellectual property. Test your audience reach. Find out how the public is responding to your characters to determine the value of what you have created.
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