Rights to a character

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bluejester12

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I created this thread in the All Writers forum, but something tells me to post it here as well.


This is one of the those things I thought would be obvious.

I've written several stories featuring a character that someday I may want to make into a novel. It's fantasy. If I sell the story, I still retain the rights to the character, don't I?

If Robert E. Howard wrote stories today, he could sell his Conan stories to more than Weird Tales, right? The magazine's (Flashing Swords) website only discusses the story.
 
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Stormhawk

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I certainly hope so - and I can't see a legal way they could take the characters away from you. At least I hope it's that way, else I'll have to forget about submitting stuff around.



(*stares at avatar* Is that Mr Cave from The Infinite World of HG Wells, or is 4.47am getting to me?)
 

MargueriteMing

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I could be wrong, but I don't think characters can actually be copyrighted. Copyright applies to the work, not the ideas contained within it. Intellectual property people are trying to stretch coverage though. I don't know how much success they are having.

So, if someone else could write a story using your characters (that's what fan fiction is all about, after all) then certainly you can always do so, unless you sign a contract with someone agreeing not to.
 

Smiling Ted

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You retain all rights to your stories that you don't specifically sell to someone else. When you submit a manuscript for a short story or article, you're expected to list the rights you're offering for sale on the upper right-hand corner of the first page...such as "first serial rights," "electronic publishing rights," etc. If you don't include specific rights, you're not selling them.

For instance, "first worldwide serial rights" means that you're offering the opportunity to publish this story for the first time in a magazine anywhere in the world...but you retain the right to re-sell the story. Where rights get really trick is in book publishing, not stories for magazines.

For better info, check The Writers Marketplace - it usually has a good article on rights, copyright and plagiarism.
 

Smiling Ted

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"Mere idea"

I could be wrong, but I don't think characters can actually be copyrighted. Copyright applies to the work, not the ideas contained within it. Intellectual property people are trying to stretch coverage though. I don't know how much success they are having.

So, if someone else could write a story using your characters (that's what fan fiction is all about, after all) then certainly you can always do so, unless you sign a contract with someone agreeing not to.

Legally, you can't copyright something that is a "mere idea" - you can only copyright the execution or embodiment of that idea in a work of art, device, etc. However, since the characters we create as writers are embodied in works of fiction, they are protected - and the more special and individual the character, the more strongly it is protected.

Few copyright holders bother to stop fan fiction because no one makes any money from it. If someone tried to sell unauthorized books set in the Star Trek universe and actually made money from it, you can bet Paramount would sue them right quick.

You can write as many stories as you like about your own characters, as long as you don't sell the right to write about them.
 

MattW

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I have exclusive copyrights to all farmboy orphan prophecy stories, so go ahead and stop writing them everybody.
 

FennelGiraffe

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Legally, you can't copyright something that is a "mere idea" - you can only copyright the execution or embodiment of that idea in a work of art, device, etc. However, since the characters we create as writers are embodied in works of fiction, they are protected - and the more special and individual the character, the more strongly it is protected.

Few copyright holders bother to stop fan fiction because no one makes any money from it. If someone tried to sell unauthorized books set in the Star Trek universe and actually made money from it, you can bet Paramount would sue them right quick.

IANAL, but the TV and movie studios have the big bucks to register their major characters as trademarks (completely different from copyright). That's what comes into play with a lot of the fanfiction issues.
 

bluejester12

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(*stares at avatar* Is that Mr Cave from The Infinite World of HG Wells, or is 4.47am getting to me?)


It's Count Olaf.


I'm not concerned so much about the story as I am about the character.

So is the latter part about Robert E. Howard correct, that--assuming he was like most newbies nowadays--could sell one Conan story to one magazine and another story to a different mag?
 

MONDARIZ

When you create a work of fiction, you automatically take ownership of the intellectual rights. There are actually no need to mark your work with copyright, trademark or whatever writers tend to use; its already yours, including your characters. What is normally sold is the first publishing rights. No publisher has any inclination to buy a character, unless it already has a large fanbase.

I have found these discussions in many writers fora and i keep wondering why writers think, that other writers would steal/buy/copy their characters. Unless your character belongs to an established universe, like Luke Skywalker from Start Wars, nobody would gain anything from using it. At least with Skywalker, they would have a fanbase.

Naturally there are a few characters, where the ownership itself could be of value. These are names like Harry Potter, Frodo Baggins and other established well selling characters. These normally belong to the universe in which they "live" and whoever owns that, owns the character.

Its highly unlikely, that anyone would attempt to buy a universe. What they might buy, is publishing rights, film rights, cartoon rights and a full range of merchandise rights. Occasionally it happens, that a writer leases his universe to a "Story factory", but he would have to be well known and more importantly; selling. These are normally books called something like "Tom Clancy's this that and the other" to indicate that the story takes place within (in this case) Tom Clancy's universe, and maybe to "trick" some readers into thinking, that its a Tom Clancy novel.

In the example above, its actually more the writers name, which is used to sell the book, but there are other examples, like the Star Wars series of novels.

Anyway, what I'm trying to say is; that no one would gain anything from purchasing the universe of a novel before it has a proven record of best-sellers behind it. That's why such things are not even mentioned in a publishing contract.
 

Gillhoughly

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You own your characters.

Period.

Breathe easy.

Selling a story to a magazine means you have given them permission to print YOUR story, which YOU totally own. They may print it for one time only--and they pay you for that permission. If some other bunch wants to reprint it, they pay you.

If someone uses your character without your permission you have the right to sue their pants off.

After the work is in print you can do whatever you like with it: sell to another venue, place it in an anthology, put it on the Web, engrave it on a brooch for Mom...

Robert Howard's writing rules are 75 years out of date--though it is a compliment to his writing that the works still seem fresh to another generation!

http://en.wikipedia.org/wiki/Robert_E._Howard is well worth the read!

So far as I can tell he sold mostly to Weird Tales because that was the best market for his stuff.

After his death the ownership of his characters went to others. Other writers have written works-for-hire for the character, but they do not own him. They're paid a fee and maybe a royalty, but that's the end of it.

I've written work-for-hire myself. The money can be good if you write fast and don't mind other people messing with your words after you turn it in. I don't write fast and I hate people messing with my words, so I don't do that any more.

Now, go forth, be fearless, and let your characters loose on an unsuspecting world!

Here's some stuff on copyright you should get to know.

http://www.templetons.com/brad/copymyths.html

Writing is a business, too. Get to know your shark tank rules!
 
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Richard White

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One of the most interesting things I found out about recently is that the work-for-hire provision doesn't cover novels.

Which work for hire provision are you referring to here?

The novels and short stories I've done for media tie-in work have made it very clear that the licensor (Midway, Marvel, Paramount/CBS) own the characters and any characters I create to use in the story I'm working on.

Are you referring to something different?

<--- curiousity has been raised.
 

Axler

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The characters and concepts copyrighted by the licensor are owned by them...obviously.

However, if you create a character for your tie-in novel work, it wouldn't be covered by the work-for-hire provision. That character would remain your property.
 

Smiling Ted

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Just a warning:

Things change if/when you sign a contract.

If you don't know exactly what you're signing, rights you thought were protected until Doomsday could softly and silently vanish away.

And if you think it's easy to interpret them...guess again. Even a deal memo you've written yourself to govern a relationship between you and a friend can come back to bite you in the butt if circumstances change. (Almost happened to me.)
 
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