Copyrightable Characters

December 28, 2011

  • 99 Copyrights and Intellectual Property
  • 99I Copyrights
  • 99I(B) Scope
  • 99k35 Scope of Exclusive Rights; Limitations
  • 99k36 k. In General.

99 Copyrights and Intellectual PropertyFilm characters of Dorothy, Tin Man, Cowardly Lion, and Scarecrow from “The Wizard of Oz,” Scarlett O’Hara and Rhett Butler from “Gone with the Wind,” and Tom and Jerry from short animated films featuring cat-and-mouse duo were protected by films’ copyrights, under prior version of Copyright Act, since each character exhibited consistent, widely identifiable traits in films that were sufficiently distinctive to render characters copyrightable.
Warner Bros. Entm’t, Inc. v. X One X Productions, 644 F.3d 584 (8th Cir. 2011)