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graphic novel-character copyright and trademark question please help

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rillc

Junior Member
What is the name of your state (only U.S. law)? Texas
Hi I've run into some confusion on copyright and trademark for my
graphic novel characters
From the uspto website defines a trademark:
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
What is a copyright?
A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. For more information, contact the U.S. Copyright Office (a division of the Library of Congress).
My question is:
typically I noticed for comic book character names, they're usally trademark right? but the actual graphic representation of the character and its unique powers, is copyrighted? ...so is it better to have both types of infringement protection ...for example the Incredible Hulk ...the name incredible Hulk is Trademarked but the green muscle bound graphic representation is copyrighted... am I understanding this right?

Also one other question
I plan on establishing and online presence for my graphic novel before the book is actually completed. I will be posting pages periodically for visitors and fans to read. Whats the best way to handle infringement if it were to occur?...like if i see a movie trailer with my characters on it.
I would really like to get even more legal consultation if possible ...does anyone know any copyright lawyer withing the Arlington, Texas area?
Thanks. Any advice would be most appreciate ...
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Texas
Hi I've run into some confusion on copyright and trademark for my
graphic novel characters
From the uspto website defines a trademark:
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
What is a copyright?
A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. For more information, contact the U.S. Copyright Office (a division of the Library of Congress).
My question is:
typically I noticed for comic book character names, they're usally trademark right? but the actual graphic representation of the character and its unique powers, is copyrighted? ...so is it better to have both types of infringement protection ...for example the Incredible Hulk ...the name incredible Hulk is Trademarked but the green muscle bound graphic representation is copyrighted... am I understanding this right?

Also one other question
I plan on establishing and online presence for my graphic novel before the book is actually completed. I will be posting pages periodically for visitors and fans to read. Whats the best way to handle infringement if it were to occur?...like if i see a movie trailer with my characters on it.
I would really like to get even more legal consultation if possible ...does anyone know any copyright lawyer withing the Arlington, Texas area?Thanks. Any advice would be most appreciate ...
We don't refer attorneys.

You can use the "Find A Lawyer" feature on the right side of your screen.
 

quincy

Senior Member
I think you will be best served by purchasing in your area an hour or two of an IP attorney's time. Especially if you plan on posting pages of your graphic novel online and prior to completion of your novel, you will want to ensure that your characters and your story are properly protected.

That said, I can give you a little information in advance of an attorney visit.

You protect both your graphic novel and the characters in your novel through copyright. Your novel and your character illustrations are automatically copyrighted upon creation.

Your works are afforded some protection from infringers even when they are not federally registered, however federal registration of your copyrighted works is wise and advised prior to publication of your work online. Posting a notice that your work is copyrighted, when and where your pages and characters appear online, is also smart (as many still seem to believe that, if something appears on the internet, it is free for anyone to use).

Registration of your copyright provides for you a presumption of ownership in the work and also provides public notice that your work is copyrighted. In addition, you gain the ability to sue an infringer for statutory damages if your work is registered prior to infringement (as opposed to being limited to actual damages or proved profits if your work is not registered in a timely fashion).

Your work must be registered before you can sue for infringement, and the best way to handle copyright infringement should it occur is to consult with an attorney in your area. ;)

You can register your copyrighted works either as a graphic novel (with the illustrations included), or you can register your illustrations separately from your novel. For characters in a novel that are not illustrated, these characters, too, can be registered separately if they are well-developed enough, distinctive enough and unique enough (ie, James Bond).

Trademark rights arise through the use of a trademark in commerce. Trademarks are used as a product or service identifier. If you market, for example, character tee shirts or dolls, and your character or character name becomes your business identifier (like Mickey Mouse is for Disney), the character name or the character itself could be your trademark and would be protectable as such.

You can register a trademark either locally or federally, or have both state and federal registration of your mark. To be afforded the most protection, a trademark should be distinctive or unique (like Kodak), or have acquired a "secondary meaning" in the marketplace (like McDonald's).
 
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rillc

Junior Member
Thanks Quincy for the pre advice on the copyright and trademark information
just to make sure that I am clear before I consult a lawyer
You can register your copyrighted works either as a graphic novel (with the illustrations included), or you can register your illustrations separately from your novel.
registering my work as a graphic novel with the illustration ...if I am not mistaken would mean:
the graphic novel (written story/script) and illustration share the same copyright grouped together, so beyond the story the illustrations would not be federally protected? ...does my question make since?
Thanks for any advice
 

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