3 ms·

Is copyright based on the character or on a particular representation of the character? The latter seems utterly stupid to me, but wouldn't be a surprise given

• btilly 3y ago
  The copyright is on your creative expression. There is a ton of precedent on the issue of how much expression and creativity is required to assert copyright. One of the key questions is whether it is plausible that someone just accidentally duplicated the same thing, or if it is the result of actual copying. Given how iconic Mickey Mouse is, I would be shocked if white gloves and the exact color scheme weren't copyrightable.
• toast0 3y ago
  IANAL, but as I understand it, copyright covers things that are 'fixed in a tangible medium', which means the representation of the character, not the idea of the character. However, if you base your character on the ideas formed when you observed the representation of the other character, that's a derivative work. For someone like Mickey who has been in many works, if one of the works is out of copyright and you base a new work on that, that's fine (if we ignore trademark concerns). But if your derivative work happens to look a lot like an existing derivative work still under copyright, that's likely going to be seen as infringing the work under copyright. Independent creation is a valid defense for copyright infringemen, but isn't very credible in this case. Trademark has totally different issues. Which will be an issue for selling and advertising derivatives of works Disney uses as trademarks.