Legal Question in Entertainment Law in California

Re: Legal protection of an original character

Two things in response as a threshhold matter. First, copyright DOES NOT protect ideas by themselves. Generally this can only be done through trade secret law and/or by contract (to a limited extent). Second, you can, however, as the author of an "original expression" of an idea receive protection under copyright law. A copyright vests immediately upon authorship of the original expression and does not require formal registration. Public performances, if original expression, are protected under the copyright law umbrella. See, generally, the U.S. Copyright website at http://www.loc.gov/copyright/

As you anticipated, it would behoove you to register a recorded version of your performance via film, sound recording, etc., as registration does provide you with some benefits not afforded non-registration, including access to bring an infringment action in the federal courts and availability of certain remedies upon proof of infringement. These benefits are not insubstantial and should be given due consideration if you believe you have a copyrightable work.

That being said, if you choose to access the Copyright Office site, which I recommend highly, look under Copyright Law, particularly Chapters 1-5 and 10-11 therein. Contact me if you have any further questions and/or you would like to seek registration of any copyright in which you (and/or a joint author if applicable) seek ownership.

Re: Legal protection of an original character

I am having hard time visualizing this scenario. I need to look at the actual thing or atleast a picture of it before I can advise!!1 You can apply for design Patent as well as can be protected by Trade Dress. Design Patent can give you protection for 14 years where as Trade dress..if attained secondary meaning can protect your design indefinitely. Take a look at my site at www.lawyers.com/amyghosh

Re: Legal protection of an original character

First, copyright does not protect ideas. It protects only "expressions" of ideas. For instance, in your example, a script or treatment could be copyrighted. You are right that the image of a cartoon character can be copyrighted, but because yours is not a cartoon, you would not be able to copyright the appearance.

You might, however, be able to get protection under trademark or trade dress law, which could protect the distinctive appearance and "feel" of the character.

If you have concerns about protecting your work, you should consult with a competent intellectual property attorney. Please feel free to call me at 323-653-6580 if you would like my help.