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Re: Copyright Question

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Posted by Ned Ericson on June 13, 2001 at 10:35:04:

In Reply to: Copyright Question posted by mike on June 12, 2001 at 12:18:41:

The answer is yes. Generally a fictional character is protectable if sufficiently well-developed in a copyrighted work. Copyright protects against others using a sufficiently similar character. Cartoon and other visual characters are easiest to protect. See

http://www.publaw.com/fiction.html

for a lengthy discussion.

There's an important Sam Spade exception, so ask your attorney about Warner v. CBS, 216 F.2d 945 (9th Cir. 1954).

You may have also been following the similar controversy over "The Wind Done Gone" a take on "Gone With the Wind".

: This may not be the place to ask this but I was wondering if I copyright a childrens book are the characters I create protected from future use by others?

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Re: Re: Copyright Question M. Arthur Auslander 04:10:58 6/14/01 (0)

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: The answer is yes. Generally a fictional character is protectable if sufficiently well-developed in a copyrighted work. Copyright protects against others using a sufficiently similar character. Cartoon and other visual characters are easiest to protect. See : http://www.publaw.com/fiction.html : for a lengthy discussion. : There's an important Sam Spade exception, so ask your attorney about Warner v. CBS, 216 F.2d 945 (9th Cir. 1954). : You may have also been following the similar controversy over "The Wind Done Gone" a take on "Gone With the Wind". : : This may not be the place to ask this but I was wondering if I copyright a childrens book are the characters I create protected from future use by others?

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Re: Copyright Question

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