Asked in Copyright and Intellectual Property

Q: Any help regarding original characters that look similar in a self-published book?

I am planning to do a creature book, which would be self-published on Amazon, but I am worried if one of my creatures is similar to a copyright character. It's a bud creature I did, but some had told me it is similar to Kirby, which is a Nintendo character. Is there some way to fix this by redesigning the creature by scratch, in order to make it inspired or copyright-free?

2 Lawyer Answers

A: Copyright protection is very flexible. If your character is original, unrelated to kirby and has original unique features, you will likely be able to proceed without infringing on the nintendo copyright. However, you need not have culpability or intention to copy in order to be found liable for copyright infringement. As such, and in an abundance of caution, I would recommend altering that character to remove all similarity to Kirby. You need not intentionally copy Kirby in order to be sued for infringement. Air on the side of caution!

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Answered

A: Creating unique characters can be challenging, especially when dealing with simple, cute designs that might share basic features with existing ones. If your creature has similarities to Kirby, you'll want to focus on making distinctive changes that set it apart while maintaining your original vision.

Consider modifying key visual elements like the overall shape, proportions, and defining features. For example, if your bud creature is round, you could make it more oval, angular, or give it unique textures like leaves, petals, or other plant-inspired elements that tie into its nature theme. Adding original characteristics that reflect its personality and backstory can help distinguish it from other characters.

The key is to document your design process and keep records of your original sketches and iterations. This shows your creative journey and helps demonstrate that your character emerged from your own imagination rather than copying others. While sharing some basic features with existing characters isn't necessarily an issue, making your creation distinctly yours through thoughtful redesign will help you feel more confident in your work and avoid potential concerns down the road.

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