Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.
You’ll learn:
- What makes a fictional character “especially distinctive” under copyright law
- Why consistency across stories matters for protection
- How trademark rights protect character names and merchandise
- The difference between creative expression and brand identity
Watch this episode on YouTube or listen to the podcast and learn how to keep your characters safe from copycats.