Fictional Characters and Copyright Law:Authors’ Rights in the UK and US

This book provides an analysis of the legal and economic framework surrounding the ownership of fictional characters within the realms of copyright law, advocating for improved rights for creators to encourage innovation and equitable remuneration.

Fictional characters such as superheroes pervade global culture, from comic books to blockbusters, generating billions in revenue. However, the authors behind these iconic creations frequently find themselves in a precarious position, navigating contractual arrangements that frequently deprive them of control over their own creations. This book examines the complex world of copyright law in the United Kingdom and the United States, critically examining how it affects the rights of creators of fictional characters, particularly those that originate in comic books. It exposes the inherent power imbalances between authors and publishers, looking at how traditional contractual agreements and legal doctrines such as ‘work-for-hire’ limit creators’ ability to fully capitalise on their intellectual property. Providing a unique comparative legal and economic analysis, the book asks whether fictional characters can be copyrighted independently, and discusses the impact ownership has on authors’ standing. Importantly, it asks whether authors can reuse their characters in subsequent works without permission from previous publishers. Suggesting a more equitable framework through examining existing copyright exceptions and limitations, the book proposes a novel “subsequent works exception,” ensuring a fairer distribution of economic gains from these cultural assets.

The book will be of interest to researchers in the field of copyright law, intellectual property law, creative industries and contract law.