who's right and wrong?

Question

5 years ago my brother drew a cartoon character, and then in 2004 i improved it and signed it. he didn't like the improvements but he didn't have a signature, so he couldn't do anything about it. but now he thinks that he own's the character and he has total rights to it. i improved it and signed it, which makes him a cartoon idealist. he doesn't want to be an idealist, and now he wants to write a book bout the character and sell it before i can get a comic book out with the character in it. i just wanna noe something. im goanna give him full credit for the character, and if i sell it, i'll give him a protion of the profit, but he doesn't like that. he wants to own the character and sell it and make his own money without give me any. so who's right? does he deserve full and total credit and right to the character, or should we split it? the reason this i such a big deal, is that he wants to sell the character the way it originally was except in a novel, and i wanna sell it in a comic

Answer 1

Blimey - how old are you two ?

Is this evidence of the litigious world we now found ourselves in.

I have two solutions for you,

1. Either agree to split any royalties equally between you irrespective of whether it is a novel or a comic you release.

2. As the originator of the character, I believe your brother should hold precedent. Just because you have taken the original concept, changed it and signed the changes does not give you the rights to it. (I wouldn't have the rights to a Superman character if I re-drew him with blonde hair and a green cape) Neither of you have legally registered the character I assume? (If you have this changes everything). The other solution is for your brother to retain the rights to the original character (as it was his anyway) but license you to do whatever you like with the modified character. You will have to agree an amicable payment for this arrangement, whether as a one-off fee or a percentage.

Answer 2

In a way, you're both right and both wrong. But there's hope.

I've actually run into something like this before, in a collaboration with shared characters that then split up. Here are my thoughts. While you *might* win legally, you'll lose in the long run. Your creative career is going to be a building from one project to the next; it will rarely rest on one character or one project. On the other hand, you don't have many brothers, so you don't want to hurt him (even if it seems he's being unfair). Luckily, that doesn't mean you lose out entirely.

Keep in mind that a *lot* of characters in fiction are loosely based on other existing characters--it's the circumstances, not the feeling of the character, that are legally protected by law. Is there a chance you and your brother can sit down and "split" the characteristics of this character? Since he wants to do a novel and you want to do a comic book, you should get the rights to how the character looks -- for example, it won't matter if a novel comes out with a black-haired, blue-eyed character, and a comic comes out with a black-haired, blue-eyed character; those are common enough that that one can't be considered plagiarizing the other, and they will "show" differently in different mediums. Then list other traits for this character, and decide which ones are your improvements--that you clearly get to keep--and which ones are his original elements, which he wants to keep. Consider altering yours enough to keep the *spirit* of the original, but not the specifics. For example, if the original was Scottish, maybe yours could be Irish. Or if the original had a name like "Tom-short-for-Thomas," you could use "Bob-short-for-Robert." Can you see how both have the same feel?

Once you've done that, you both sign the agreement and both keep a copy of that signed agreement forevermore. That way he gets his novel, you get your comics, you both keep your relationship.

Answer 3

Originally it was his character, and what you did was to improve it. If you took Spider-man for example, and improved on his costume and powers, I am sure that would not make Stan Lee very happy.

What you can if you feel really protected for you design, is talk tp your brother and give him full access to his character, but modifications that you have added should not be used, just the sketch done 5 years ago.

If your brother still insists on using your design, then it should really be the other way round, where he gets most credit for the design where as you will get a partial amount. I am not too sure how much you modified from the character, but if its not much of a difference then I personally feel the character still belongs to him.

Maybe you can just create your own new character, and disallow your brother to use the improvements on his character that you added? haha.

Anyway, what I am saying is probably not what you want to hear. This is just my opinion on your problem in hand.

EDIT - I really feel a lawyer would not be nessecary in this situation unless you guys come to the point where it is really a matter of money.

Answer 4

I don't know copyright laws, but consider what this may do to your family -- I know I would NEVER forgive my sister for stealing something I had invested a lot of time and effort in. (Of course, my sister wouldn't dream of doing what you have done.) I'd say, be a man, apologize to your brother and let the character go. If you are as talented as you indicate, you can work on something that it yours and only yours, or even consider (a VERY well-established and concrete) working relationship with your brother. Since it seems the two of you want to take the character down very different paths, it may ultimately also be worth considering making two characters out of the one idea?
Best of luck, C.

Answer 5

It's his character. He doesn't have to sign it since he created it in a tangible format (i.e., drew a picture). You may think you "improved" it, but you did not have his permission to tamper with his design.

The fact that you plan to give him credit and a percentage of the profits acknowledges the fact it is *his* character. You're better off creating an *original* character for your comic book, rather than stealing someone else's design and concept.

Answer 6

do you and your brother know what it takes to actually produce a comic, and/or a novel? i have a sneaky suspicion, that you and your brother are fighting over something that really doesn't matter.
assuming that it does matter. you did steal your brothers drawing, modify it, and sign it. why don't you just draw one of your own. if you are a good enough artist to complete a full comic, then i don't see the problem with just creating a character of your own.

Answer 7

Ahh, brotherly love.. anyways.. ask him if it would be okay for him to write a novel and you write an accompanying comic related to the novel.

Answer 8

Maybe your brother command of the English language is better than yours - if so: Let him publish it PLEASE!!! If not, I'd say: you should see a lawyer to sort out copyright of the character!!!

Answer 9

you better get an attorney. there are many copyright issues present in your situation

Answer 10

You can sell it. Go on!!

Hope I helped you!!