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In India, recourse can be had to trademark law which recognises that fictional characters enjoy goodwill, and provides relief for cases of ‘character merchandising’. ’. Character merchandising has been defined as involving the exploitation of fictional characters by licensing these fictional characters in the case of Star India Private Limited vs Leo Burnett (India) Private L
OTW's position is that fan fiction and other fan labor products constitute copyright fair use under 17 U.S.C. § 107 because they add "new meaning and messages to the original" work, [37] and thus fall under the exemption to U.S. copyright law the Supreme Court defined in Campbell [38] and which was later revisited and followed in Suntrust. [39]
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The character in question, the Batmobile, is a fictional, high-tech automobile which is the primary mode of transportation for Batman. It possesses Bat like external features and is equipped with futuristic weaponry and crime fighting technology.
Since the ten copyrighted stories made the characters of Sherlock Holmes and John Watson more "rounded", the Estate argued that the characters warranted copyright protection. The Court rejected this argument, holding that the difference between flat and round characters was irrelevant to the law. [18]
In consideration of $130.00 agreed to be paid me by you, I hereby sell and transfer such work and strip, all good will attached thereto and exclusive right to the use of the characters and story, continuity and title of strip contained therein, to you and your assigns to have and hold forever and to be your exclusive property and I agree not to ...
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Nichols v. Universal Pictures Corporation, 45 F.2d 119 (2d Cir. 1930), was a United States Court of Appeals for the Second Circuit case on copyright infringement by non-literal copying of a dramatic work. The Court held that copyright protection cannot be extended to the characteristics of stock characters in a story, whether it be a book, play ...
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