Analysis of Copyright Protection Issues for Characters in Works

Abstract

The use of characters in various types of prior works in modern society has raised questions about whether characters can be regarded as subjects of copyright. Based on copyright legislation and jurisprudence, regardless of the type or scale, the determination of whether any intellectual creation is eligible for copyright protection rests solely on the criteria of originality and replicability, unrelated to factors such as the commercial value of the characters. Various standards applicable to the issue of copyrightability of characters, as practiced in both Chinese and American judicial contexts, emphasize the consideration of specific descriptive elements inherent in characters. Guided by the "idea-expression dichotomy" principle, deconstructing characters reveals that only when characters are concretely and adequately described, and when they have transcended the realm of conceptual ideas to constitute an expression of originality, can they independently become subjects of copyright separate from the work they originate in. The protection and use of characters in works should respect the objective laws of cultural creation, inheritance, and development, in order to ultimately achieve the fundamental principles and goals of copyright legislation.