Legal Question in Intellectual Property in Indiana
Copyright
As a freelance artist, I have created a character depicted in several drawings for an educational program a friend is trying to develop. I have included �� 2006 MyName� in each watercolor. How do I get and keep rights to the character I created? My understanding is that if I register the watercolors, each one has to be registered separately and this only protects the individual painting, not the character.
2 Answers from Attorneys
Re: Copyright
There are various options here; feel free to contact me. My firm focuses on Internet and entertainment law.
Re: Copyright
Your understanding is not quite correct. If a character is included in a watercolor and someone copies the character but not the rest of the painting it's still infringement. Take the example of a novel. If I copy chapters 2, 6 and 10 of a 20 chapter novel you can bet the author will claim an infingement. Of course, the chance of success of a copyright infringement suit will depend on the degree of copying and other elements but if your character is prominent and copied and you've previously registered the work, I'd say you're in good shape. By the way, including a copyright notice is no longer requisite to establishing your rights.
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