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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
