Are the names of novel characters protected by copyright?

The names of characters in novels are generally not protected by copyright, but novels are protected by copyright. Because the relevant laws of our country stipulate that the object protected by copyright must be a work, and a work refers to an intellectual achievement that is original and can be expressed in a certain form in the fields of literature, art and science. Regarding the question 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. The names of characters in novels are generally not protected by copyright. However, the novel is protected by copyright. Because the relevant laws of our country stipulate that the object protected by copyright must be a work, and a work refers to an intellectual achievement that is original and can be expressed in a certain form in the fields of literature, art and science.

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

(1) Written works;

(2) Oral works;

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

(4) Art and architectural works;

(5) Photographic works;

(6) Film works and works created using methods similar to filmmaking;

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

(8) Computer software;

(9) Other works stipulated in laws and administrative regulations.

2. Do fan fictions infringe copyright?

Whether fan fiction may constitute infringement of the original work, two issues need to be considered:

First, whether the creation of fan fiction may constitute an infringement of the right to adapt the original work;

Second, whether the fan fiction infringes upon the original author's right to protect the integrity of the work.

As to whether fan fiction infringes upon the right of adaptation, the core lies in two points: First, the use of elements of the original work in fan fiction is at the ideological level. It is still at the level of expression; the second is whether the fan fiction, as an adaptation, is substantially similar to the original work.

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