In the context of the increasingly strong development of the entertainment and creative industry, protecting intellectual property rights for comic characters, game characters, mascots and other cultural icons has become an essential requirement. These characters are not only artistic products but also valuable commercial assets, contributing to building brands and attracting audiences. So, what do you need to know about character copyright? The following article by VCD will help you.
1. What is character copyright?
Copyright, also known as author’s rights, is the right of an organization or individual to a work they create or own.
Character creation is the use of necessary means, materials and tools to create character shapes with different lines, shapes, colors in 2D or 3D form including details about the appearance, appearance, costumes, gestures and nuances of that character.
Character images are creative products expressed in many forms and saved on many entertainment channels such as: stories, cartoons, entertainment games, etc.
Character copyright is the intellectual property right for the characters you create, including elements such as name, image, personality, related story or any other characteristics you have developed for that character. This right protects your creations from being copied or used illegally by others.
2. Character copyright issues in the world
In the world, character copyright protection has become an important factor in the entertainment and creative industry. Two typical examples are Disney’s Mickey and the characters in the Marvel universe.
Mickey Mouse is one of the most famous copyrighted characters in the world. Since its inception in 1928, Disney has invested heavily in protecting Mickey’s image and brand copyright. The company uses measures to prevent unauthorized use of Mickey’s image.
Or in the Marvel universe with a series of famous characters such as: Spider-Man, Iron Man, … is also one of the typical examples of effective copyright protection of character images. Marvel Studio has applied strong copyright protection strategies including copyright registration for characters, stories and even related symbols.
Protecting character copyright not only prevents illegal copying but also creates great business opportunities from products associated with character images.
Protecting character copyright through the example of Disney and Marvel helps companies maintain control and maximize the economic value of the characters they create, contributing to promoting creativity.
3. Character copyright issues in Vietnam
In Vietnam, character copyright issues are specifically regulated in the 2022 Law on Intellectual Property of Vietnam and other guiding documents.
- Regarding the subject of registration: character images can be registered for protection under the name of an applied art work. This is one of 14 types of works under the Law on Intellectual Property, specifically regulated in Clause 8, Article 6 of Decree 17/2023/ND-CP:
“8. An applied art work specified in Point g, Clause 1, Article 14 of the Law on Intellectual Property is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to a useful object, produced by hand or industrially, including: Graphic design (expression of logos, product identification and packaging; expression of characters); fashion design; Aesthetic design associated with product shaping; interior design, interior decoration, exterior decoration with aesthetic nature. Applied art works are expressed in the form of aesthetic product shaping, which cannot be easily created by people with average knowledge in the relevant field and do not include the external shape of the product that is required to perform the function of the product.”
- Regarding the nature of copyright over character images: it is the right of the author/copyright owner to prevent others from illegally copying their character shaping. When having a Certificate of Copyright Registration, the owner is not obliged to prove that the copyright belongs to him/her in the event of a dispute.
- Registration conditions: Character image works when registered under this mechanism must ensure creativity and originality, not copied from any source.
Copyright for the character image arises when the work is formed without having to carry out the procedure of establishing rights. However, this automatic protection mechanism is very difficult to prove and protect the rights of the author and copyright owner when a dispute occurs, so it is recommended that the author and owner carry out the registration procedure to have legal documents proving the copyright of the work.
Above is the article “Character copyright and things to know” that VCD sends to you. We hope this article is useful to you.
Sincerely,
