رویه قضایی آمریکا در حمایت از شخصیت های ادبی و گرافیکی در نظام کپی رایت (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
در دهه های اخیر، حقوق مالکیت فکری به موازات پیشرفت های فنی و اجتماعی جامعه، با صدور آرای قضایی، مسیر تطور و تکامل خود را پیموده است. حمایت از صنعت سرگرمی که امروزه سهم چشمگیری از گردش اقتصادی را به خود اختصاص داده است، از جمله این پیشرفت ها به شمار می رود. چگونگی مالکیت شخصیت های ادبی و گرافیکی جزء جدایی ناپذیر صنعت سرگرمی است و حمایت از حقوق پدیدآورندگان آن ها از موضوعات چالش برانگیز نظام کپی رایت است. این مقاله می کوشد با روش تحلیلی توصیفی و شیوه ی گردآوری اطلاعات به صورت کتابخانه ای با بررسی رویه قضایی آمریکا به این پرسش پاسخ دهد که در رویه قضایی این کشور از شخصیت های ادبی و گرافیکی تحت چه شرایطی حمایت می شود و استثنائات این حمایت چیست؟ دستاورد پژوهشگران این است که رویه قضایی آمریکا بین شخصیت های ادبی و گرافیکی تفکیک قائل می شود و از شخصیت های گرافیکی به دلیل تأثیر بصری آن ها در ذهن خوانندگان به نسبت شخصیت های ادبی حمایت بیشتری به عمل می آورد. استفاده منصفانه، دکترین تکرار صحنه های مشابه و فن فیکشن از استثنائات حقوق پدیدآورنده در این خصوص محسوب می شود.American Jurisprudence in the Protection of Literary and Graphic Characters in the Copyright System
In recent decades, intellectual property rights have followed a path of development and evolution with the issuance of judicial decisions in parallel with the technical and social developments of society. Supporting the entertainment industry, which today has a significant share of economic circulation, is one of these developments. The intricacies surrounding the ownership of literary and graphic characters, integral components of the entertainment sector, and the protection of their creators' rights pose complex challenges within the copyright framework. This article addresses the conditions under which literary and graphic characters are protected under American judicial procedure, using an analytical-descriptive method and library-based information collection. It also examines the exceptions to this protection. Research findings reveal that American jurisprudence differentiates between literary and graphic characters, and gives more support to graphic characters than literary characters because of their visual impact on readers' minds. Exceptions to creators' rights include fair use, the Scenes à Faire Doctrine, and fan fiction. Keywords: American Jurisprudence, Copyright, Literary Characters, Graphic Characters 1. Introduction Over the past decades, the issue of intellectual property rights has gained more and more importance as a result of developments in technology and changes in the social climate. The entertainment industry in particular has always been a major subject of this legal discussion because it is highly reliant on fictional characters, both literary and graphic. These characters are not just products of the imagination. They are very much part of the fabric of our culture and society. They are also a valuable source of income for the entertainment industry. Once introduced to the public through books and films, they become a form of intellectual property that requires solid protection under the law. The complexity of protecting fictional characters under copyright law has become increasingly apparent. While international frameworks exist to safeguard artistic and literary works, specific regulations addressing fictional characters remain largely ambiguous. This gap has prompted a closer examination of judicial rulings, especially in the United States. There are exceptions to the protection of fictional characters such as fair use, the doctrine of scenes à faire, and fanfiction, all of which complicate the legal landscape for creators. In the United States, the landmark case of Walt Disney Productions v. Air Pirates (1984) set an important precedent: the court ruled that “iconic creatures of the imagination like Mickey Mouse are entitled to a substantial statutory term of copyright protection.” Legal protection of fictional characters is divided into distinct categories for literary and graphic characters in American jurisprudence. The legal protection of graphic characters is usually stronger because they make an immediate visual impact. A fictional literary character, on the other hand, needs to be more fully developed to be eligible for copyright protection. In Iran, the legal framework is silent on the question of whether fictional characters can be protected independently of their creators. Even though Iran has certain laws in place that protect authors’ rights, it is uncertain whether these laws would extend to fictional characters. The way these laws are interpreted theoretically could provide an avenue to protect fictional characters. It is necessary to identify and address the violations by working together with legal scholars. This research will explore the American legal precedents on the protection of fictional characters and the exceptions to this protection. By understanding these dynamics, it becomes evident that a proactive approach is necessary for countries like Iran to align their copyright laws with international standards, thereby fostering a supportive environment for their creative industries and ensuring that creators' rights are upheld in an increasingly competitive global market. 2. Methodology The present research utilized the descriptive-analytical method, library expression for collecting information. It was designed to study the status of fictional characters from the perspective of intellectual property rights which include legal protections of fictional characters, the problematics and complexities of copyright protection for fictional characters, especially in American contexts, considering some judicial rulings and legal precedents. Additionally, it investigates differing opinions on the feasibility of establishing specific regulations for the protection of fictional characters in Iran, considering both domestic and international legal standards. 3. Results and Discussions Regardless, copyright laws for fictional characters in all these countries have interpreted these characters as stand-alone entities that deserve special protection, albeit the laws do not always meet the needs of fictional characters. Judicial interpretations of laws and case law are possible avenues to support fictional characters as the primary works. Judges in US law have developed three important tests to help them promote fictional characters’ protection: the Distinctly Delineated test, the Story Being Told Test, and a Three-Part Test. The courts use these tests to determine whether the character is sufficiently individualized and developed to deserve copyright protection. Courts examining case law tend to be more lenient with granting protection to graphic characters since they are visually impactful immediately to audiences. On the other hand, they tend to be more reticent about literary characters, granting support only when convinced of the developed nature of the characters. Courts continue to argue that a character must be transformed from a mere idea to a concrete expression to be protected by copyright. Since literary characters do not have a concrete visual form, the distinction between a supportable expression and an unsupportable idea becomes unavoidable. Some courts have expressed their reluctance to grant copyright protection to literary characters due to this ambiguity. Although many literary characters are developed within the context of their works, this ambiguity complicates the protection and distinction of such characters. In some cases, this results in denying support to such characters in copyright law. Furthermore, copyright law contains numerous exceptions that affect the exclusive rights of fictional characters, allowing uses by the public to balance the creator’s interests with the public’s right access to and use creative works. The most obvious one is a narrow exception called fair use, which allows limited use of copyright material without the permission of the copyright owner. The doctrine of scenes à faire, another important exception, holds that some elements are so typical to that genre or narrative that they cannot be copyrighted. For example, certain character traits or storylines are so typical to certain genres or contexts that they cannot qualify for exclusive rights. For example, a superhuman hero might be considered a standard archetype within a superhero genre, and thus might not merit protection if it is strikingly similar to other established characters in the genre. Moreover, when a character’s copyright expires – generally after a term set by statute – the character enters the public domain, and anyone can use, copy, or adapt the character without permission or royalty payments. Characters entering the public domain opens the door to creativity and innovation by encouraging new works that incorporate or interpret an existing character; it encourages cultural exchange and pluralistic interpretations that can enrich a body of work; and it facilitates artistic exchange and expression. These exceptions are essential to ensuring a healthy creative ecosystem, where creators and consumers can thrive. They ensure that creators’ rights over their original works do not automatically lead to dead ends, where others wishing to borrow from or re-imagine their subject matter cannot do so without infringing an existing copyright. Overall, while there is a legal framework to protect fictional characters, challenges still loom large. The line that is drawn between graphic and literary characters has important consequences for the extent of the protection available, and the evolution of new genres of works will require courts to consider how far the law must adapt to new creative realities. 4. Conclusion and Future Research The results showed that US courts tend to be more lenient in granting protection to graphic characters than to literary characters, because of their visual nature. On the other hand, judges tend to apply stricter standards when it comes to literary characters. Courts have ruled that fictional characters should go beyond a mere idea and should be articulated in a particular and definite way to qualify for copyright protection. Fictional characters are also not expressly provided for independent protection in Iran, although some protections may be granted to them under the Law for the Protection of Authors, Composers, and Artists (1969) and the draft law on the protection of literary and artistic rights (1996) if the ‘protected works’ provisions in the 1969 law are interpreted broadly. These works may extend to fictional characters and a narrow interpretation of works will require them to be classified under other categories such as literary or artistic works to qualify for protection. To date, no Iranian courts have directly addressed this issue. It seems that to determine violations in the field of fictional character rights, it would be necessary for judges to cooperate with experts in the field of art and literature. The study concludes with the following recommendations: Considering the developments in the field of copyright around the world, Iran must amend its national legislation and establish specific rules and procedures for the protection of fictional characters. Furthermore, Iran can benefit from the American judicial practice in developing suitable solutions to the problems that exist in this field. It is suggested that Iran’s legal authorities take a proactive approach to this topic. Doing so will bring Iran’s copyright laws in line with international standards, and it will promote the growth of Iran’s entertainment industry in the competitive global market. Protecting the rights of creators will also support Iran’s creative industries by preventing unauthorized use and infringement of their work not only domestically but also abroad. Furthermore, it will make Iran a hub for cultural exchange on a global scale. Establishing a clear legal framework for the protection of fictional characters would foster creativity and innovation in the entertainment sector within Iran.
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