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Copyrighting Fictional Figures And Its Legal Frontiers; From Ink To Law




Ajay R, Jindal Global Law School, OP Jindal Global University


ABSTRACT


Copyright’s wisdom has emerged important in the modern world as the quench for change and better livelihood is in the rising. Ideas as an origin to the creative works that have been established, will have the aid of copyrighting to preserve the originality of the work. Story tellers and their creation of characters are also no different than other works, as it is still a creation of literary works. Fictional characters are etched in minds of readers or viewers who tend to carry the supposed fame and power the characters hold, and in turn, we can see the same has been channeled into markets as merchandise and much more. This paper will talk about the scope of fictional characters and copyright laws pertaining to them, with the help of various key legal cases and established principles that have paved the understanding of the laws. In addition to this, we will be looking at the laws from other jurisdictions as well to derive and compare.


Keywords: Idea dichotomy test, Substantial Similarity, Copyright, Copyright protection, fictional characters, films, Marvel Cinematic Universe, DC Comics.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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