Art, in its various forms, gives us countless characters adored, loved, hated, and forgotten. Some manage to go beyond the universe in which they were initially created and achieve protection under intellectual property.
Based on the common points of those characters that have managed to ensure exclusivity, if you want your character to be used only by you or to require others for your authorization for its use, you must make sure that:
- The character is an original expression*: whether it is written, visual, audio or audiovisual
- The character is distinctive: it functions as an identifier of a source (its creator or products or services)
- The character is defined: its characteristics are precisely and consistently delineated in each expression
- The character is transcendental: it breaks with the limits of its content. It is not a simple consequence of the context, the content, or the story
The idea of a character or its standard description is not enough to obtain exclusive protection. That is why the idea of a superheroine with a cape or an astronaut in space can be expressed in a thousand ways.
Just as important as the fact that the character has the four elements mentioned above, is to register before the intellectual property authorities. According to the use you give to your character, you can consider registering it as a trademark and/or copyright. Click for more registration information.
*Currently, there is no exact definition of originality. We could define it as the work whose creation results in a differentiating transformation.