- case, the specialist will ask for permission to remove all of Terry’s information and the term “plot” from the registration record.
618.8(A)(8) Character(s)
Although the copyright law does not protect the name or the general idea for a character, a work that describes, depicts, or embodies a particular character may be registered if it contains a sufficient amount of copyrightable authorship. As a general rule, the applicant should use one or more of the terms set forth in Section 618.4(C) to describe a work that describes, depicts, or embodies a particular character.
The applicant should not use the term “character(s)” in the Author Created field or the Nature of Authorship space, because it suggests that the applicant is asserting a claim in the idea for a character, rather than the text, artwork, or other copyrightable expression that appears in the work.
Example:
- An application is submitted for a graphic novel depicting a character named Ultra Man. Kent Clark is named as the author of “text, 2-D artwork.” The registration specialist will register the claim.
If the applicant asserts a claim in a “character,” and if it is clear that the author contributed copyrightable two-dimensional artwork, the registration specialist may register the claim with an annotation. Otherwise, the specialist will communicate with the applicant.
Examples:
- An application is submitted for a comic book depicting a character named the Arachnid. Parker Peters is named as the author of “text, 2-D artwork, new character.” The registration specialist may register the claim with an annotation, such as: “Regarding author information: characters as such not registrable. Registration based on deposited authorship describing, depicting, or embodying such character(s). Compendium 313.4(H).”
- An application is submitted for a screenplay depicting a private detective. The applicant names Waylon Bruce as the author of “script / screenplay” and Grace Dickinson as the author of “character.” The registration specialist will communicate with the applicant to determine whether Grace contributed copyrightable authorship to this work. If Grace contributed only the name or idea for the character, the specialist will ask for permission to remove all of Grace’s information and the term “character” from the registration record.
