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ARTICLE · 08 JANUARY 2025

Copyright Protection Of Fictional Characters

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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Maheshwari & Co. Advocates & Legal Consultants

Maheshwari & Co. Advocates & Legal Consultants

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The scope of what can be protected by copyright law has grown and evolved significantly over time. In addition to a movie or a book, imaginary characters that are part of a creative work are now

IndiaIntellectual Property
Ayush Tiwari
Ayush Tiwari

Introduction

The scope of what can be protected by copyright law has grown and evolved significantly over time. In addition to a movie or a book, imaginary characters that are part of a creative work are now covered by copyright law. A fictional character is a made-up person developed as part of a creative production, such as a play, film, or work of literature. A fictional character is often shown physically, by an actor, or in the form of a word portrait with full descriptions of all of the character's traits. For instance, Sherlock Holmes, Batman, and Tom and Jerry.

Copyright-ability of fictional characters

Authors can utilise copyright protection to regulate the usage and commercialization of the characters they create. According to the Berne Convention, ideas are not copyrightable, but only their expression is. The copyright protection for fictional characters allows authors to obtain their creative work's rewards, influence the evolution of their

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