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JIPR Vol.09(2) [March 2004] >


Title: Copyrightability of Characters
Authors: Biswas, Sourav Kanti De
Keywords: Intellectual property law protection
Copyrightability
Graphic characters
Fictional characters
Issue Date: Mar-2004
Publisher: CSIR
Abstract: The paper is based on the intellectual property law protection that could be granted to graphic and fictional characters that are part of our daily lives. Special focus is made on the copyrightability aspect of intellectual property protection. The judgments of various courts have been dealt with in detail to determine the attitude of the courts with regard to this kind of protection. This has been essential because there are no express provisions in the law, which could grant copyright protection to characters. The courts have not been hesitant to grant copyright protection to graphic characters, but when it comes to fictional characters, the courts used various tests developed over the ages, to determine whether a character is well delineated or not. If the character is found to be extremely well-developed, unique and has a personality different from other characters, only then is a copyright protection granted to such a fictional character.
Page(s): 148-156
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(2) [March 2004]

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