On 22 Mar 98 -itlon at 21:42 -itlon, John Lemon said-itlon:
"Circular 44 CARTOONS AND COMIC STRIPSIN GENERALThe copyright law of the
United States (title 17 of the UnitedStates Code) provides for copyright
protection of literary andartistic works. Copyright protection begins
automatically when awork is first created in a fixed form. Cartoons and
comic stripsare among the types of works of authorship protected by
copyright.This protection extends to any copyrightable pictorial or
writtenexpression contained in the work. This protection does not
extendto the title or general theme for a cartoon or comic strip or
tothe general idea or name for the characters depicted.
Intangibleattributes of characters are not copyrightable, but a
drawing,picture, or depiction or a written description of a character
maybe registered for copyright. However, copyright does not extend tothe
character itself. A character may be protected under aspectsof other
state, common, or trademark laws. Likewise, titles andnames may
^^^^^^^^^^^^^^
Note this...
This protection does not extendto the title or general theme for a
cartoon or comic strip or tothe general idea or name for the characters
depicted.
The Trademark Act of 1946 covers those grounds that copyright laws are not
extended to; in this case, characters. Lanham defines a trademark as
follows:
"The term "trademark" includes any word, name, symbol, or device, or any
combination thereof--
(1) used by a person , or
(2) which a person has a bona fide intention to use in commerce and applies
to register on the principal register established by this Act,
to identify and distinguish his or her goods, including a unique product,
from those manufactured or sold by others and to indicate the source of the
goods, even if that source is unknown."
-excerpted from TRADEMARK ACT OF 1946 ("LANHAM ACT"), AS AMENDED
SUBCHAPTER III--GENERAL PROVISIONS � 1127. Construction and definitions;
intent of chapter.
An applicant for a trademark files with the US Patent and Trademarks office,
and consequently, trademarks do not embody the same natural entitlements
recognized by the federal government in the case of copyrights.
In other words, simply because Title 17 doesn't cover the trademark issue
doesn't mean that Title 15 is negligent. ;) I refer you all to Title 15,
particular sections � 1051-1056, 1063, 1065 and the entirety of Subchapter
III. Chapter 22 (formerly Chapter 3) of the USC establishes the foundation
in which litigation against profit-driven adoption of registered trademarks
credits its success to.
-The Reverend Prez
* * *
----------------------------------------------------
-----The Representative of the Everlasting Funk-----
---------------------------<cannady@magiccarpet.com>
"The Badass Reverend Prez" | Author of Robotech:
NROTC Candidate and | The Odysseus Epic and
Boy's State Representative | other AMDG fanfics
----<http://www.geocities.com/Tokyo/1731/index.html>
-----<http://members.tripod.com/~revprez/index.html>