Intellectual Property,
Entertainment & Sports,
9th U.S. Circuit Court of Appeals
Jun. 26, 2014
Characters rights, not so elementary
Why can Mickey Mouse, Rocky Balboa and Tarzan be copyrighted, but not Sam Spade of "The Maltese Falcon" or Regan from "The Exorcist"?
Why can Mickey Mouse, Rocky Balboa and Tarzan be copyrighted, but not Sam Spade of "The Maltese Falcon" or Regan from "The Exorcist"? Ordinarily, characters are not afforded copyright protection unless the character is either (1) especially distinctive or (2) so central to the story that the character is essentially the story being told.
These tests for copyright protection are widely used, sometimes together. By the first test, characters that are sufficiently delineated with con...
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In