Jenner & Block

“Evolving Standards in Copyright Protection for Dynamic Fictional Characters,” ABA Communications Lawyer

In this article co-authored by Jenner & Block Partner Andrew J. Thomas, the authors explore how the courts have grappled with the copyrightability of fictional characters that change over time, such as James Bond or Superman.  The authors explain when issues may arise and discuss the judicial tests for copyrightability that have developed in the U.S. Court of Appeals for the Second and Ninth Circuits.