DePaul Law Review Volume 41 Issue 2 Winter 1992 Article 4 Protecting Characters through Copyright Law: Paving a New Road upon Which Literary, Graphic, and Motion Picture Characters Can All Travel Dean D. Niro Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Dean D. Niro, Protecting Characters through Copyright Law: Paving a New Road upon Which Literary, Graphic, and Motion Picture Characters Can All Travel , 41 DePaul L. Rev. 359 (1992) Available at: https://via.library.depaul.edu/law-review/vol41/iss2/4 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. PROTECTING CHARACTERS THROUGH COPYRIGHT LAW: PAVING A NEW ROAD UPON WHICH LITERARY, GRAPHIC, AND MOTION PICTURE CHARACTERS CAN ALL TRAVEL* Dean D. Niro** INTRODUCTION Most everyone would recognize Bugs Bunny, Charlie Brown, Ebenezer Scrooge, and James Bond. These characters appear in a variety of mediums, including cartoons, comic strips, novels, and motion pictures. Today, in the age of sequels and retail advertising, characters have become an important com- mercial commodity. Characters, thus, need legal protection. The federal copy- right statute may provide this protection. The federal copyright statute provides an author protection in his "original work of authorship fixed in a tangible medium of expression., 1 Thus, a fic- tional character is protected by the copyright of the work in which the charac- ter originally appears.2 Sometimes, however, a character can be removed from the original work in which it appeared, then resurface in another completely unrelated work.