Legal Blog

Friday Factoid: New Test for Copyrightability of Fictional Characters

In a recent federal appellate case, the court determined that a unique character in a comic book, TV program or movie is entitled to copyright protection if it: (1) generally has physical and conceptual qualities; (2) is sufficiently delineated to be recognized as the same character wherever it appears; and (3) is especially distinctive and contains some unique elements of expression, as opposed to a stock character. Source: Reuters; Court Opinion  Jon Wachs websiteIf you have any questions regarding the content of this communication, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302. If you would like to subscribe to receive Friday Factoids® in your inbox click here.