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Furry Guardians - The Brute
A new pic of the Brute, from my furry superhero comic series 'Furry Guardians'.
Furry Guardians is available to buy from here: http://cyberklaw.furplanet.com
Furry Guardians is available to buy from here: http://cyberklaw.furplanet.com
Category Artwork (Digital) / Muscle
Species Unspecified / Any
Size 780 x 1141px
File Size 453.3 kB
Several comics companies have had a character named 'Brute' (see here: http://en.wikipedia.org/wiki/Brute_(comics) ), and they were all able to get away with it. This is because, as a quick search has revealed, names cannot be copyrighted (http://www.copyright.gov/circs/circ34.html).
The copyright is not for the name, but for the character and the graphical representation of that character. As I understand it, I'm free to use the name 'Brute' provided the character itself is different and looks different. And unless any of those other Brute characters are anthro panda scientists mutated into muscualr monsters after trying out an experimental medical treatment, I think I'm safe...
You may be thinking of trademarks, which are a different thing. I'm looking into it, but I don't there's anything for me to worry about on that front.
The copyright is not for the name, but for the character and the graphical representation of that character. As I understand it, I'm free to use the name 'Brute' provided the character itself is different and looks different. And unless any of those other Brute characters are anthro panda scientists mutated into muscualr monsters after trying out an experimental medical treatment, I think I'm safe...
You may be thinking of trademarks, which are a different thing. I'm looking into it, but I don't there's anything for me to worry about on that front.
Like I said before.. "The Brute" is Atlas Comics title and character.. If you go by Wikipedia. that is not a fool proof system. It is based on people inputing info that may or may not be right. As you can see that "Brute comics is just (BRUTE) with no (the).. as for names and words..
Yes.. you can not copyright them if they are common or public domain. Only if they are unique.. But companies. Trademark names, logos, & designs. if first rights publications. Copyrights (VA) for visual rights. Copyrights (TX) for written work.
You can use Brute as in the single word itself since it is in the dictionary.. But can not use "The Brute" for publication or merchandising if someone else is using it. Or owns it. That you would look into with a trademark lawyer..
Your only safe if no one challenges you for infringement of trademark or copyrights. And since it was so easy to find it as a Atlas Title.. I would not chance in using it as "The Brute" I used to work for Marvel & DC Comics.. They are pretty clear on people infringing on their stuff.
Yes.. you can not copyright them if they are common or public domain. Only if they are unique.. But companies. Trademark names, logos, & designs. if first rights publications. Copyrights (VA) for visual rights. Copyrights (TX) for written work.
You can use Brute as in the single word itself since it is in the dictionary.. But can not use "The Brute" for publication or merchandising if someone else is using it. Or owns it. That you would look into with a trademark lawyer..
Your only safe if no one challenges you for infringement of trademark or copyrights. And since it was so easy to find it as a Atlas Title.. I would not chance in using it as "The Brute" I used to work for Marvel & DC Comics.. They are pretty clear on people infringing on their stuff.
I know wikipedia isn't foolproof (just how big an idiot do you think I am?). The wikipedia link I gave was just to show that the name 'Brute' has been used by muliple publishers for multiple characters (Marvel, DC and Image!). None of which have been sued for using the name.
Because, as the other link I gave (for the US copyright office) showed, you CANNOT copyright names. Just having 'The' on the beginning does not make it any less a name, and therefore not subject to copyright. Yes, it was the title of a comic, but that link also specifically states that the titles of works are not subject to copyright either.
As I see it, unless my character is identical to one being published elsewhere, either in appearance or character itself, this is simply NOT a copyright issue. There is no 'chancing it' involved.
Trademarks work DIFFERENTLY to copyright. The real question is whether or not 'The Brute' is a registered trademark. Given that Atlas Comics went bust back in the 70's and the characters with the name used by other comics companies are all pretty minor, it seems unlikely.
But, for the sake of arguement, lets say that someone has trademarked 'The Brute', what is the likelihood of me infringing such a trademark? Is Harvard University a good enough source for you? http://cyber.law.harvard.edu/metasc...../domain/tm.htm
Point 7 is the relevant point there. Trademark infringement occurs when there is likelihood of confusion. When the use of trademark in the sale of a good is likely to cause consumer confusion. And here's the thing. My publication is 'Furry Guardians' not 'The Brute'. It's not even 'Furry Guardians featuring the Brute'. The good I'm selling is titled 'Furry Guardians'. The name 'The Brute' is not used in the selling of the comic or anything else. Therefore, there is no infringement of any trademark, no chance at all of any confusion. That's how the three major comics companies are able to have their own characters named Brute without infringing. That name is not actually used to sell the comics in question.
And that's even assuing someone has a registered trademark on 'The Brute'.
As far as I can see, there is absolutley no problem on either the copyright or the trademark front. However, you seem to have your own ideas about how copyright and trademarks work and debates on the finer points of copyright and trademark law can be rather tiring and time-comsuming. So if I promise to call him simply 'Brute' from now on (which characters in the comic do most of the time anyway), will that put your mind at ease and allow us to end this discussion?
Because, as the other link I gave (for the US copyright office) showed, you CANNOT copyright names. Just having 'The' on the beginning does not make it any less a name, and therefore not subject to copyright. Yes, it was the title of a comic, but that link also specifically states that the titles of works are not subject to copyright either.
As I see it, unless my character is identical to one being published elsewhere, either in appearance or character itself, this is simply NOT a copyright issue. There is no 'chancing it' involved.
Trademarks work DIFFERENTLY to copyright. The real question is whether or not 'The Brute' is a registered trademark. Given that Atlas Comics went bust back in the 70's and the characters with the name used by other comics companies are all pretty minor, it seems unlikely.
But, for the sake of arguement, lets say that someone has trademarked 'The Brute', what is the likelihood of me infringing such a trademark? Is Harvard University a good enough source for you? http://cyber.law.harvard.edu/metasc...../domain/tm.htm
Point 7 is the relevant point there. Trademark infringement occurs when there is likelihood of confusion. When the use of trademark in the sale of a good is likely to cause consumer confusion. And here's the thing. My publication is 'Furry Guardians' not 'The Brute'. It's not even 'Furry Guardians featuring the Brute'. The good I'm selling is titled 'Furry Guardians'. The name 'The Brute' is not used in the selling of the comic or anything else. Therefore, there is no infringement of any trademark, no chance at all of any confusion. That's how the three major comics companies are able to have their own characters named Brute without infringing. That name is not actually used to sell the comics in question.
And that's even assuing someone has a registered trademark on 'The Brute'.
As far as I can see, there is absolutley no problem on either the copyright or the trademark front. However, you seem to have your own ideas about how copyright and trademarks work and debates on the finer points of copyright and trademark law can be rather tiring and time-comsuming. So if I promise to call him simply 'Brute' from now on (which characters in the comic do most of the time anyway), will that put your mind at ease and allow us to end this discussion?
I am very open. But I have spent a lot of time today reading up on copyright and trademark law and how it applies based on what you said, and I don't see how there is a problem.
If I'm failing to fully understand what you're getting at, then I'm sorry.
If I've come across as a bit harsh, I'm also sorry. It's not been a good day for me (it's valentines day and I've had to spend it alone because the plans my boyfriend and I had to get together this weekend fell through earlier this week), and I'm very sorry if my bad mood came through at all in my replies. I shouldn't have done that.
I really do appeciate the concern, but I honestly can't see a problem...
If I'm failing to fully understand what you're getting at, then I'm sorry.
If I've come across as a bit harsh, I'm also sorry. It's not been a good day for me (it's valentines day and I've had to spend it alone because the plans my boyfriend and I had to get together this weekend fell through earlier this week), and I'm very sorry if my bad mood came through at all in my replies. I shouldn't have done that.
I really do appeciate the concern, but I honestly can't see a problem...
It is all right.. I know how you feel.. I to am going through some problems as well.. I have to find a new place to live before the 25th of Feb.. the house were I live is in foreclosure and on auction at noon of the 25th. But I done let me get to me..
I like what your doing in your books, and wish you the best of success in the field of comics...
I like what your doing in your books, and wish you the best of success in the field of comics...
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