INTRODUCTION
… The author will argue that the distinctive delineation test put forth by Judge Learned Hand eighty-nine years ago is the most effective way to determine whether a literary character is deserving of copyright protection. This Note will not only analyze both approaches but will also argue why the distinctive delineation test should be the prevailing view and adopted in all courts. Part II will discuss the Copyright Acts of 1909 and 1976 and the Copyright Office’s treatment of the issue. Part III will analyze the two landmark cases that established the two tests that are used today. Part IV will examine the application of the tests in modern cases. Part V will discuss whether Arya Stark, Harry Potter, and Matrim Cauthon meet the requirements of both tests. Part VI will discuss which test should be adopted. Finally, Part VII will conclude the Note.
Scharff, Justin, The Copyrightability of Fictional Characters: Why Harry Potter, Arya Stark, and Matrim Cauthon Are Copyrightable, Touro Law Review: volume 35 (2020): no 4, article 9.
First posted 2020-03-27 18:08:14
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