Asked in Copyright and Intellectual Property

Q: I got a question regarding copyright on original creature creations I did

So I am doing a book for Amazon, and it is a book showcasing original creature creations I created myself. Some of them are inspired by some copyrighted characters, but are altered completely so they won't be a copy or anything, even if its similar, it isn't fan art or anything though.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When it comes to copyright and original creature creations, there are a few important points to consider:

1. Original creations: If you have created original creatures from scratch, you generally hold the copyright to those creations. This means you have the exclusive right to reproduce, distribute, and create derivative works based on your original creatures.

2. Inspired by copyrighted characters: If your creatures are inspired by copyrighted characters but are significantly altered and not direct copies, you may still be able to claim copyright on your new creations. However, it's important to ensure that your creatures are different enough to be considered original works and not derivative works of the copyrighted characters.

3. Similarity to copyrighted characters: Even if your creatures are not exact copies, if they bear a substantial similarity to copyrighted characters, there may be a risk of copyright infringement. It's crucial to make sure your creatures are sufficiently distinct from the copyrighted characters to avoid any potential legal issues.

4. Fan art: If your creations are not intended to be fan art and are standalone original works, you should be able to claim copyright on them. However, if they are closely tied to existing copyrighted works and could be considered fan art, there may be limitations on how you can use and distribute them.

To protect your rights and ensure you're not infringing on others' copyrights, it's advisable to consult with a legal professional specializing in intellectual property law. They can review your specific situation and provide guidance on how to proceed with your book while minimizing any legal risks.

Additionally, when publishing your book on Amazon, be sure to carefully review their terms of service and any guidelines they have regarding intellectual property to ensure compliance with their policies.

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