Protection of Intellectual Property Rights- Fictional Characters
By Team Legistify / 2016-05-15
Can you write a new Harry Potter? No, But you could more generally write a story about a young person who discovers he has magical powers and uses them to battle, foils the plans of, and ultimately vanquish, a supervillain with aspirations of world domination.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Fictional characters like Harry Potter, Superman, Mickey Mouse all these are not less than a celebrity. They have become so popular that these need to be protected. If these characters are not protected then the creator of such character would be at loss. Fictional characters are at the centre of a multibillion-dollar industry offering strong motivation for owners to fight to preserve their monopoly any way they can. For instance, Forbes reported in a list of top ten earning fictional characters that Mickey Mouse made $5.8 billion in 2003.Harry Potter, a new addition, made $2.8 billion, the same year, in fact, J.K. Rowling, who was on welfare before she wrote the Harry Potter books, is now the first author to qualify for a spot on Forbes’s billionaire list.

Attached Value

The stories and plots may be forgotten over time, but, the characteristics of the Famous Fictional Characters frequently become a part of the reader's imagination, often providing them with a sense of connection. These everlasting characteristics of the fictional characters attach a certain value to these characters. The value attached to it reflects the work of the creator, his labour. The relevance of this topic is illustrated by an article in The New York Times regarding Vladimir Nabakov's 1955 novel Lolita and a new book, Lo's Diary , by Pia Pera that allegedly has made extensive use of Lolita and its main characters Lolita and Humbert Humbert.

The Nabokov estate has reacted to the publication of Lo's Diary by bringing a lawsuit against Ms. Pera alleging copyright infringement. Ms. Pera has reacted to the lawsuit by stating "Lolita belongs not just to literature but to everyday language and contemporary mythology. This suit makes one wonder whether new light can be cast on our cultural heritage only after the term of copyright has expired."

The maker and additionally distributor ought to dependably find a way to guarantee that the Fictional character is ensured, particularly if there might be a plausibility to utilize the character in book spin-offs, or for authorizing the utilization of the character for films, TV programming, electronic or other media or marketing. It is just by keeping up control and security of the Fictional character that income streams might be expanded to the maker/distributor of that character. You can talk to the best IPR lawyers in India to know more.

Can you write a new Harry Potter? No, But you could more generally write a story about a young person who discovers he has magical powers and uses them to battle, foils the plans of, and ultimately vanquish, a supervillain with aspirations of world domination.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics