Are the names of characters in novels protected by copyright?

The names of characters in novels are not protected by copyright. The objects of copyright protection are intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science. The names of characters in novels cannot constitute a work alone, so they are not protected by copyright law. Regarding the issue of whether the names of characters in novels are protected by copyright, the editor of Legal Savior Network will give you a detailed answer below.

1. Are the names of characters in novels protected by copyright?

1. Novel Character names are not protected by copyright. The objects of copyright protection are intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science. The names of characters in novels cannot constitute a work alone, so they are not protected by copyright law.

2. Legal basis: "Copyright Law of the People's Republic of China" Article 3, as mentioned in this law Works refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1 ) written works;

(2) oral works;

(3) music, drama , folk art, dance, acrobatic art works;

(4) Fine arts and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other intellectual achievements consistent with the work.

2. Copyright protection period

1. For a citizen’s work, the protection period of the right of publication and copyright is the life of the author and 50 years after the death, ending on December 31 of the 50th year after the death of the author. For example, A created a work on March 4, 1980, but did not publish it. If A died on October 1, 2000, then the protection period of his right of publication and copyright will be calculated from March 4, 1980, and Ending on December 31, 2050.

2. Works of legal persons or other organizations, and copyrights (except for the right of authorship) enjoyed by legal persons or other organizations The protection period of the publication rights and copyright property rights of professional works is 50 years, generally starting from the first publication of the work and ending on December 31 of the 50th year after the first publication of the work. However, if the work has not been published within 50 years since the creation of the work, If published, the copyright law will no longer grant protection.

3. Film works, works created by methods similar to filmmaking, and photographic works, the right of publication and authorship The protection period of property rights is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work is not published within 50 years after the creation, the copyright is no longer protected.

The name of the work is generally open. Other people can cite the name of the work. However, for the protection of copyright, our country has promulgated relevant legal regulations and judicial interpretations. To be clear, if you are unclear about the relevant situation, you can directly consult the staff of the intellectual property protection department for processing.

I hope the above content can be helpful to you, If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.