Investigating the Copyrightability of Characters with Respect to the Fair Distribution of Performers’ Rights

Author – Shravani Gupta, Student at UPES, Dehradun

Best Citation – Shravani Gupta, Investigating the Copyrightability of Characters with Respect to the Fair Distribution of Performers’ Rights, ILE Consumer Protection Law and Review, 1 (1) of 2023, Pg. 25-30, ISBN – 978-81-961120-4-2.

Abstract

The protection under intellectual property law that could be afforded to fictitious and graphic characters who are a part of our everyday lives is the topic of the paper that will be presented. When it comes to protecting intellectual property, a particular emphasis is placed on the copyrightability component. The decisions made by a number of different courts have been analysed in great depth in order to get a sense of how the judiciary feels about the various forms of protection that are available. This has become absolutely necessary due to the fact that the law does not contain any clear provisions that might offer copyright protection to characters. When it comes to graphic characters, the courts have not been reluctant to provide copyright protection; but, when it comes to fictitious characters, the courts have utilised numerous standards created over the ages to decide whether or not a character is adequately characterised. A copyright protection will only be awarded to a fictitious character if it can be demonstrated that the character is exceptionally well-developed, original, and possesses a personality that is distinct from that of other characters.

Keywords – Intellectual property law, Copyrightability, characters, Fictional, Protection.