Can you sue someone if they've copyrighted your character, but you have proof that you created it first?

Question

Here's a example. He makes a pic and copy writes a character that is identical to mine. But I have past plans from 5 years ago to now of the created character, but he only has a couple of pics now of the character.

Answer 1

You can sue anybody. The question is if you can win. First, you would need to prove that your character was put into a finished format before his. Next, you would have to prove he stole your idea, as opposed to developing it independently. The two issues here are:

1. You cannot copyright an IDEA, only the presentation of the idea. Just because you discussed the character or made a few notes, if the character was never put into a final form there is no copyright protection.
2. It is not entirely impossible for two people to independently come up with similar ideas, particularly if they share a common frame of reference and a common background. The burden would be on you to prove he actually stole your work, as opposed to being inspired by it and developing his own idea.

Answer 2

The question is how much is it worth to you? As with any lawsuit, no lawyer is touching the case without a hefty retainer - money you will never see again. Then you will have to provide definitive proof that the character was stolen. And remember - if your character has 10 hairs on his forehead and the other guy's has 11, it's technically a different character. You would get sucked dry by lawyers and in the event that you won, what does the other person have that you can take possession of? Probably not very much. You're learning the harsh lesson of reality in the creative world here. Figure it this way, if you could create one good character, you can do it again. Only this time don't be so free to share your drawings with friends. C.

Answer 3

Are we talking a book character? Generally that gets thrown in with what we like to call "Intellectual Property" which would be the characters, plot, and so on from a story.

So, are you in school? Maybe even before High School? You seem young, and this seems like some kind of bully tactic, but I could be way off basis.

However, let's say someone did make a character identical to yours and copyrighted it. This is where you make the grounds of a lawsuit. Did that person every see your character or hear you speak of that character and, most importanly of all, can you prove it?

Like, even if you could prove you had a story identical to that of Harry Potter, if you couldn't prove that JK Rowling had ever been near your idea to copy it, you can't have a lawsuit.

Answer 4

What is your PROOF that you've created it first? An image, photo, piece of artwork, etc is technically copyrighted the moment it is in a tangible form (for instance, a song recorded on tape, a poem written on a napkin). However, in order to sue someone, you have to have registered the copyright with the copyright office. If your "proof" is what's known as a "poor man's copyright" - mailing a copy back to yourself so there's a postmark, or taking a photo of yourself, your work and a newspaper - those don't always hold up very well in court.

You should seek legal advice from someone who has expertise in Intellectual Property law. There are some organizations that will help on a volunteer basis. Do a google search for "Volunteer Lawyers for the Arts" and include your jurisdiction, this may bring up an organization near you.

Good luck.

Answer 5

If he has a copy-write on a character already, he is probably going to win a suit. Other teachers in my department always use the copy-write sign (the little circle with the small "c" in it) which means that it has been sent off to the Copy-write persons in order to get a number. If you have been using the icon, it may make a difference though. I agree with the people who think that it's just too much, and it takes all the time away from what you were going to write next as well.

Answer 6

Did this person actually STEAL your idea? or did this person just happen to have the same idea as you?

For instance. I came up with this idea for a few guys that rob celebrities and was going to put it into a part of a book im writing. Then one day a few months ago, I see this commerial for a show thats going to be on TV called the knights of prosperity, which was so close to my idea it wasnt even funny. I had to change my whole idea because i knew people would think that "I" stole the idea from "THEM" if i wrote it. Lucky for me creativity is very natural for me and I get a million ideas a day and came up with some better material for my book, but i did get that sinking feeling in my stomach when i saw the advertisments for the show.

Answer 7

Tangled web. Different in different countries. Generally copyright requires publication - any public appearance. You'd need a lawyer versed in the field. Try contacting your national creative arts union. I know there has been successful copyrighting of characters in fiction, and images (such as Disney's outrageous claim on any image of the Tasmanian Devil!) They've required lots of money to enforce, or the threat of it, which frightens off other claimants without funds. Good luck.

Answer 8

first counts for nothing in copyrights. anything that is original with you is yours. if someone else does similar work that is theirs, not yours. if they admit to stealing your idea, or somehow you can prove theft then you could claim infringement. It is unfortunate that both of you came up with identical looking characters, perhaps there is a reasonable way the both of you could agree on how to exploit these twins.

Answer 9

I think you can continue to use it but you cannot sell it because that person owns the rights to do that...but you need to check with an attorney.

Answer 10

Yes - they did it on the Simpsons

Something to do with Itchy & Scratchie