Legal Question in Intellectual Property in New York

I plan to create a cartoon character and plan to use a free animation website to both draw the character as well as provide the animation. Can I copyright the character if I use their tools to create it or do I have to draw it myself and then use that one for my animations?


Asked on 2/19/11, 4:54 am

1 Answer from Attorneys

James Smedley Sigma Law Group LLC

If the cartoon character design is original and the cartoon character consists of at least a �modicum� of creativity, then the character may be copyrightable.

One way to think about this is if you were to use a protractor to help you draw your cartoon character, would the protractor company have rights in your character. Likely not.

However, since this is a software tool (presumably) that you are using, make sure you look at their terms of service / EULA and any other agreements that may be associated with their software tool. These agreements may affect your ownership of or rights in your cartoon character.

I am simplifying several requirements and processes of copyright law in order to keep this answer brief. You should consult with an attorney if you have additional questions regarding the specifics of the matter.

Kind regards,

James Michael Smedley, Esq.

DISCLAIMER: The answer provided is for general informational purposes only. There is no attorney client privilege or confidentiality between you and the responding attorney. The answer is not legal advice and may change based on specific information and details not included in the original posting. Please speak to an attorney to discuss your particular legal need.

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Answered on 2/19/11, 10:53 am


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