Re: Re: Copyright Question

Subject: Re: Re: Re: Copyright Question

Comments:
: : 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? : Dear Mr. Ericson, : I don't think the courts are going to sustain the Mitechell estate. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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