Copyright Protection For Fictional Characters
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Copyright Protection For Fictional Characters
Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works. United States In the United States, in order to avail of copyright protection, a work must be original that is, it must involve an element of creativity, and must be fixed in a tangible medium. Further, there can be no copyright in mere ideas and facts, but only in the unique expression of the same. US Copyright Statute of 1976 does not explicitly mention fictional characters as subject matter of copyright, and their copyrightability is a product of common law. Historically, the Courts granted copyright protection to characters as parts of larger protected work and not as independent creations. They w ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Batmobile
The Batmobile is the fictional car driven by the superhero Batman. Housed in the Batcave, which it accesses through a hidden entrance, the Batmobile is both a heavily armored tactical assault vehicle and a personalized custom-built pursuit and capture vehicle that is used by Batman in his fight against crime. Using the latest civilian performance technology, coupled with prototype military-grade hardware—most of which was developed by Wayne Enterprises—Batman creates an imposing hybrid monster car to prowl the streets of Gotham City. The Batmobile first appeared in '' Detective Comics'' #27 (May 1939), where it was depicted as an ordinary-looking red car. Its appearance has varied but, since its earliest appearances, the Batmobile has had a prominent bat motif, typically including wing-shaped tailfins. Armored in the early stages of Batman's career, it has been customized over time and is the most technologically advanced crime-fighting asset in Batman's arsenal. Depict ...
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Indian Trademark Law
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry. The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement. History The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875.Narayanan, p. 3 The first statut ...
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Copyright Law Of India
The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of most of the important international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013. Applicable Copyright Act before 1 ...
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Misappropriation
In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc without that person's permission, resulting in harm to that person. Another use of the word refers to intentional and illegal use of property or funds; it can particularly refer to when done by a public official. Criminal law In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a deceased person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). Depending upon the jurisdiction and value of the property, misappropriation may be a felony, a crime punishable by a prison sentence. Scientific research In scientific research, misappropriation is a type of research misconduct. An investigator, scholar or revie ...
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Superman In Film
Created by Jerry Siegel and Joe Shuster in June 1938, DC Comics' Superman has appeared in various films almost since his inception. He debuted in cinemas in a series of animated shorts beginning in 1941, subsequently starring in two movie serials in 1948 and 1950. An independent studio, Lippert Pictures, released the first Superman feature film, '' Superman and the Mole Men'', starring George Reeves, in 1951. In 1974, the film rights to the Superman character were purchased by Ilya Salkind, Alexander Salkind, and Pierre Spengler. After numerous scripts, Richard Donner was hired as their director, filming ''Superman'' (1978) and ''Superman II'' (1980) simultaneously. Donner had already shot eighty percent of ''Superman II'' with Christopher Reeve before it was decided to finish shooting the first film. The Salkinds fired Donner after ''Superman''s release and commissioned Richard Lester as the director to finish ''Superman II''. Lester also returned for ''Superman III'' (1983 ...
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Trademark Dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a famous mark, any ...
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Marx Brothers
The Marx Brothers were an American family comedy act that was successful in vaudeville, on Broadway, and in motion pictures from 1905 to 1949. Five of the Marx Brothers' thirteen feature films were selected by the American Film Institute (AFI) as among the top 100 comedy films, with two of them, '' Duck Soup'' (1933) and '' A Night at the Opera'' (1935), in the top fifteen. They are widely considered by critics, scholars and fans to be among the greatest and most influential comedians of the 20th century. The brothers were included in AFI's 100 Years... 100 Stars list of the 25 greatest male stars of Classical Hollywood cinema, the only performers to be included collectively. The brothers are almost universally known by their stage names: Chico, Harpo, Groucho, Gummo, and Zeppo. There was a sixth brother, the first born, named Manfred (Mannie), who died in infancy; Zeppo was given the middle name Manfred in his memory. The core of the act was the three elder brothers: C ...
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Privacy Law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be Personally identifiable information (PII) gathering, collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information. Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal. Classification of privacy laws Privacy laws can be broadly classified into: * General privacy laws that have an overall bearing on the personal information of individuals and affect ...
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Personality Rights
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction. Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurispruden ...
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Mickey Mouse
Mickey Mouse is an animated cartoon Character (arts), character co-created in 1928 by Walt Disney and Ub Iwerks. The longtime mascot of The Walt Disney Company, Mickey is an Anthropomorphism, anthropomorphic mouse who typically wears red shorts, large yellow shoes, and white gloves. Taking inspiration from such Silent film, silent film personalities as Charlie Chaplin’s The Tramp, Tramp, Mickey is traditionally characterized as a sympathetic underdog who gets by on pluck and ingenuity. The character’s status as a small mouse was personified through his diminutive stature and falsetto voice, the latter of which was originally provided by Disney. Mickey is one of the world's most recognizable and universally acclaimed fictional characters of all time. Created as a replacement for a prior Disney character, Oswald the Lucky Rabbit, Mickey first appeared in the short ''Plane Crazy'', debuting publicly in the short film ''Steamboat Willie'' (1928), one of the first Sound film, ...
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Universal City Studios, Inc
Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a television channel owned by NBCUniversal ** Universal Kids, an American current television channel, formerly known as Sprout, owned by NBCUniversal ** Universal Pictures, an American film studio, and a subsidiary of NBCUniversal ** Universal Television, a television division owned by NBCUniversal Content Studios ** Universal Parks & Resorts, the theme park unit of NBCUniversal * Universal Airlines (other) * Universal Avionics, a manufacturer of flight control components * Universal Corporation, an American tobacco company * Universal Display Corporation, a manufacturer of displays * Universal Edition, a classical music publishing firm, founded in Vienna in 1901 * Universal Entertainment Corporation, a Japanese software producer and ...
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