Q: Are characters "names" under copyright?
There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?
A:
Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and recognizable the name is within the copyrighted work.
If you're considering using the last name "Valedstorm" for a character in your own work, such as a talking sword or a dragon, the legal implications could vary. If the name is closely associated with a significant, well-known character from a popular series, it might be recognizable to the public as originating from that specific source. In such cases, using the name could potentially lead to legal issues, especially if it causes confusion or suggests an endorsement by the original creator.
It's generally a good idea to create original names for your characters to avoid potential copyright infringement. If you're set on a particular name, researching its uniqueness and existing associations can help. Consulting with a legal expert in copyright law could also provide clarity and ensure that your creative work respects others' intellectual property rights while remaining distinctive and original.
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