Created a comicbook series several years ago and Large company just realeased a very simalar charactor.

[Hamtankrous]

What is the name of your state? California

Hello,

I published a comic series in a few years back and recently a large video game company that's home base is near where i distributed my work came out with a character that had some very similar characteristics and story. I did not copyright the comic but it has had 2 issues published through a small company and is on Kindle and Comixology. I am looking to publish the third but figured i should figure this out first.

I am worried that if i ever actually got popular i might get a cease and desist. Also would i ever be able to take my character into video games or television? I figure i need to do something cause i know when i show at cons now people will think i ripped that company off.

Thanks, sorry for being vague, I don't want to make a fuss unless i have to and i have a leg to stand on.

 

[quincy]

What is the name of your state? California

Hello,

I published a comic series in a few years back and recently a large video game company that's home base is near where i distributed my work came out with a character that had some very similar characteristics and story. I did not copyright the comic but it has had 2 issues published through a small company and is on Kindle and Comixology. I am looking to publish the third but figured i should figure this out first.

I am worried that if i ever actually got popular i might get a cease and desist. Also would i ever be able to take my character into video games or television? I figure i need to do something cause i know when i show at cons now people will think i ripped that company off.

Thanks, sorry for being vague, I don't want to make a fuss unless i have to and i have a leg to stand on.

Your comics had copyright protection as soon as they were fixed in tangible form (e.g., pen to paper, paint to canvas).

If you created your comics before the video game company created their comics, you actually might be able to send your own cease and desist letter to them rather than waiting for the company to send one to you.

Whether the video game company infringed on your rights (or you are infringing on their rights), however, depends on several factors. Proof of date of creation is important.

I assume you did not federally register your copyrights in your works? Federal registration is not necessary but you need to have your works federally registered before you can sue for copyright infringement.

Many comic characters and story plots and action have similarities and these shared similarities are not necessarily infringing. It can be copyright infringement, however, when the unique characteristics of one (e.g., Marge Simpson's hair) are substantially similar or copied.

I recommend you have your comics personally reviewed by an IP professional in your area. To see where you stand legally, your comics (stories and comic characters) will need to be compared with the game company's comics and stories.

Good luck.