Fictional characters such as Mickey Mouse, James Bond and Donald Duck were important elements of our youth and continue to captivate children today. The creators of these figures are true artists who turn inventive concepts into distinctive expressions. This procedure requires great effort and ingenuity and it is critical to protect these artistic works from exploitation. While countries such as the United States have improved processes for protecting the intellectual property rights of fictional characters, India is more uncertain in this regard.
INTELLECTUAL PROPERTY RIGHTS FOR FICTIONAL CHARACTERS IN INDIA:
In India, Intellectual property (IP) rights for fictional characters are primarily handled by copyright. According to Indian copyright law, imaginary characters may be protected if they are part of an original literary, artistic, musical or dramatic production. To qualify for protection, a character must be easily identifiable and not merely a minor component of the work. Copyright gives the owner exclusive rights to reproduce, distribute and exhibit the work, although this protection is limited in term often lasting the author’s life plus 70 years. When this period expires, the work becomes public domain.
In addition to copyright, trademark rights can also protect fictional characters. When a character is strongly associated with a particular brand or franchise, the brand owners may hold exclusive rights to the character’s image and name. This protection extends to related products including toys, clothing and other merchandise featuring the character’s image.
COPYRIGHT PROTECTION: KEY LEGAL PRECEDENTS
Section 13 of the Copyright Act, 1957 extends protection to original literary, artistic, musical and dramatic works including fictional characters. Indian courts have progressively become more liberal in recognizing copyright protection for fictional characters as evidenced by several landmark cases:
V.T. Thomas v. Malayala Manorama[1] (1989): “This case established that literary characters are entitled to copyright protection. The court focused on the ownership of the copyright rather than the specific conditions for protection granting creators ownership of their developed characters.”
Raja Pocket Books v. Radha Pocket Books[2] (1997): “In this case, Raja Pocket Books created the character “NAGRAJ” while Radha Pocket Books developed “NAGESH” who was similar in appearance and powers. The court found copyright infringement and established that “NAGRAJ” was copyrightable but did not provide a definitive test for determining copyrightability.”
Star India Pvt. Ltd. v. Leo Burnett (India) Pvt. Ltd.[3] (2003): “This case involved using TV show characters in a commercial. The court introduced the “state of mind of public” test stating that characters must achieve public recognition independently of their original context. The court found no such recognition for the characters in question ruling in favor of the defendants.”
Arbaaz Khan Production Pvt. Ltd. v. Northstar Entertainment Pvt. Ltd. and Ors.[4]: “The plaintiff claimed the defendant’s portrayal of a police officer was similar to their character. The court found distinctions between the characters but affirmed that a unique and distinct character could be protected under copyright law.”
These cases illustrate the evolving approach of Indian courts towards copyright protection of fictional characters, emphasizing originality, public recognition and distinctiveness.
KEY FEATURES FOR PROTECTING FICTIONAL CHARACTERS:
To secure copyright protection for a fictional character, the following steps and key considerations must be taken into account:
Uniqueness: The fictional character must be unique to the author or writer. Originality is crucial as the character must be sufficiently distinctive and original to avoid excessive similarities with pre-existing characters.
Expression: The character must be expressed in a tangible form such as literary works, dramatic works, short films, YouTube videos, movies or musical works. It must not be merely an idea but well-delineated.
Distinctive Features: The elements that make a character unique whether it’s their appearance, personality or special abilities are crucial for protection. There is a fine line between inspiration and direct copying that can lead to legal disputes.
Eligibility Test: After confirming the character’s eligibility, the next step is to apply for copyright registration.
Documentation: Along with the application, a detailed description of the fictional character must be provided. Keeping detailed records of the creation process and the unique elements of the character can be invaluable in the event of legal disputes or IP rights claims.
Duration of Protection: While copyrights have a limited time frame, trademark rights can be renewed indefinitely as long as the character remains a valuable economic asset.
Once the registration process is completed, the imaginary character will be safeguarded. The author has the sole right to protect and license the character. If there is an infringement, the author will be able to pursue legal action.
MISAPPROPRIATION OF FICTIONAL CHARACTERS:
Misappropriation of a fictional character occurs when a third party attempts to obtain an unfair advantage by borrowing, replicating or significantly changing the author’s original artistic work. This exploitation frequently takes advantage of the original author’s goodwill by producing a substantially similar copy of the original work. Although Indian courts have been generous in extending protection to fictional characters establishing a well-defined character can be difficult. To prevent misappropriation, the author must demonstrate:
Originality: The character must be unique and distinctive.
Substantial Similarity: There must be an obvious and substantial similarity between the original and infringing works.
Although Indian law does not specifically protect fictitious characters, courts have acknowledged such protection in a number of rulings. To improve protection, extensive documentation and distinguishing characteristics of the character should be preserved providing a solid foundation for legal claims against infringement.
CONCLUSION:
Indian law does not vigorously protect fictional characters through copyright alone. A fictitious figure must go through various steps before receiving copyright protection. Because Indian law include fictitious characters under the broad umbrella of unique literary, artistic, musical and dramatic works, authors frequently employ other remedies to protect fictional characters under trademark law. For this protection, the character must also gain widespread public familiarity.
Understanding and navigating these legal complexities allows creators to better protect their inventive works and ensure their characters continue to delight audiences without fear of exploitation.
[1] AIR 1989 KER 49
[2] 1997 (40) DRJ 791
[3] 2003 (2) BOMCR 655
[4] Notice of Motion (L) No. 1049 of 2016 in Suit (L) No. 301 of 2016