Are character names protected by copyright?

Character names in comics, movies, games or brand mascots are not only identification factors but also valuable intellectual property. Therefore, many people wonder: Are character names protected by copyright? The following article VCD will help you understand fully and accurately to avoid legal risks, and know how to exploit characters according to regulations.

Are character names protected by copyright?

According to the 2022 Intellectual Property Law, character names can be completely protected by copyright, but not all character names are automatically protected.

When are character names protected?

The character name is considered part of the work (literary work, comic book, film, script, etc.) and is protected when it meets two factors:

• Factor 1 – Creativity: The character name must be unique, non-repetitive, and not a common descriptive word. For example: “Doraemon”, “Sun Wukong”, “Harry Potter” → protected. “Boy”, “Princess”, “Hero” → not protected.

• Factor 2 – Associated with a specific work: The character name must be associated with a specific work. The work, including the character and visual elements, is protected from the moment it is formed in a certain material form (Article 6 of the Intellectual Property Law 2022). This means that the character name must appear in a complete work, not a sketchy idea.

Cases where character names are not protected

Some cases where character names are not eligible for protection:

• Names that are too simple or common (“Black Cat”, “Little Girl”)

• Names that describe characteristics (“Dwarf”, “Long-legged Girl”)

• Names that are similar to many previously existing characters

• Names that are just ideas that have not appeared in the work

Why do character names need to be protected?

A character name is an important part of a work and is also a valuable intellectual property. Protection helps:

• Prevent unauthorized copying: When a character is famous, their name can easily be used to write stories, print on products, advertise or do business without permission. Protection helps the owner easily handle violations.

• Protect the author’s creative value: Character names express ideas, personality and unique creative imprints. Protection helps ensure copyright and prevent others from appropriating creative efforts.

• Avoid legal disputes: When a character name is registered, the owner has a clear legal basis to prove his rights when a conflict occurs.

• Effective commercial exploitation: Exclusive character names can be used for licensing, copyright sales, merchandise production or brand collaboration, bringing in large revenues.

• Create competitive advantages: Especially with brand mascots, protecting character names helps businesses build their own identity and avoid being copied in the market.

Penalties for infringement of character name copyright

According to Decree 17/2023/ND-CP, the penalties for infringement of character copyright, including character names:

Administrative fines:

• From 10 – 30 million VND for illegal copying and use

• From 30 – 70 million VND for using character names for business and sales

Required:

• Recall infringing goods

• Remove infringing content on websites and social networks

• Compensate for civil damages according to Articles 204 – 205 of the Intellectual Property Law 2022 (Up to 500 million VND depending on the level of damage)

Important notes when using famous character names

If you use someone else’s character name (Doraemon, Shin, Elsa, Songoku …), you should avoid the following violations:

• Use the character name to print on Business products: Products such as T-shirts, cups, backpacks, toys, notebooks, gifts, etc., if printed with the name of a famous character without permission, are considered an act of copyright or trademark infringement. Even if you do not use the image, just printing the character name can still be punished if the name is protected.

• Using the character name on the packaging for advertising: Many small businesses often write: “Doraemon Cake”, “Shin Milk”, “High-class Elsa Shirt”. These are all violations because they create a misunderstanding that the product is related to the character owner. Using the character name to advertise a product without the right to exploit it is prohibited by law.

• Using character names in videos, books, stories for profit: Including books, stories, derivative movies, YouTube videos, TikTok videos for money, games or mobile applications, advertising content, TVCs… If you use character names to create content for commercial purposes, you need to have a license to exploit from the owner.

• Creating a sales fanpage using character names: Using character names for business purposes can easily cause confusion about the origin of the brand and is considered an infringement of intellectual property rights.

Above is the article Are character names protected by copyright? Hopefully you will better understand the legal regulations and use character names properly, thereby avoiding copyright violations, protecting your intellectual property and exploiting characters safely and legally.

Sincerely,