When a character is protected
Copyright protects characters that are distinctive and well delineated, with consistent traits, appearance, and personality, rather than stock types like the grumpy detective or the brave orphan. Visual characters in comics, animation, and games are often easier to protect than characters described only in words. Protection covers expression, not the idea of a character type, so similar concepts expressed differently are generally allowed. Names and short catchphrases on their own are usually not protected by copyright, though they may be protected as trademarks. Supporting characters can be protected too, though thinly sketched ones are harder to claim.
Public domain and trademarks
As copyrights in early works expire, the earliest versions of some famous characters enter the public domain, while traits and designs added in later works may still be protected. Trademark rights in a character's name or image can continue as long as the mark is used, so a public domain character can still raise trademark issues when it is used to brand products. Merchandise, logos, and packaging deserve particular care for that reason. Fan fiction and parody are evaluated case by case, often through fair use, and noncommercial use helps but does not settle the question.
Protecting your character
Register the works in which the character appears, and keep dated drafts, model sheets, and character bibles showing how the character developed. If others contributed, such as illustrators, co-writers, or a studio, confirm in writing who owns what. Licensing agreements for merchandise or adaptations should describe the character and the permitted uses precisely. When we review a copying claim, we compare what was taken, whether an overall concept, a specific visual design, or distinctive traits and story elements. If you are planning fan merchandise, the risk usually rises once products are sold, because copyright and trademark claims can both come into play.
