protecting character designs

Funny thing about copyrighting character design is that litigation can be completely subjective. As mentioned most Character design is derivative in nature. However, technically; if you haven't signed any kind of agreement with certain employers that entitle them to any idea, concept, artwork, etc... while under their employ, Then anything YOU create is copyright by you. Now, that's sort of a soft copyright, since it's not technically on the books, but a person has the right to protect their creations at any given moment.

Another way around the law, is to make a duplicate of your work, put it in a manila envelope and mail it to yourself. Keep the duplicate sealed and work from the original or any other duplicate. You see, once the document has gone through the mail it is stamped with a federal seal. It is basically protected as a legal document. That's the poor man's way to copyright, but it is valid and legal. Not many people know about that, but hey, live and learn, good luck.

There's been some confusion regarding the "poor man's copyright" over the past decade. I've heard increasingly that its NOT a sound way of securing protection--because the stampings can be counterfeited. Apparently its possible to get the envelope stamped BEFORE its sealed and not actually processed by the post office. It could be argued in court that the material was added to a pre-stamped evelope later on.
Likewise, I've heard that its valid if stamped by a notary public, a lawyer, a country or civic magistrate...............all kind of official seals and stampings have been sited. And I've also heard the opposite is true........that NONE of these are legit.
This might be the copyright office trying to corner the "business" for itself by isolating the authority to only itself.

Legally, the copyright office and all its fees and requirments is still the BEST way to secure your rights.

Same here. We actually had a guest speaker today that said it was all but outmoded. If you're keeping the design from your neighbor and want to feel better about it, by all means try. But if you're trying to keep Service Games from lifting your amazing new concept, legal people would laugh and poke fun at you for thinking that was a defense of any sort...

In my experience (and I can guess this isn't what you want to hear) is that if you are out to protect a character design you are swiming upstream. The best way to do this is to use good judgement in selecting who you pitch the design to - and avoid things like publishing on websites, etc.
I say this because even minor alterations to your design make it near to impossible to enforce protection. Even when another artist re-draws what you've done, it becomes difficult. The more elements of a design coincide, the better the chances are of enforcing protection, but - and I kid you not - even a change in the rgb value of "your yellow" lessens the chances.

Protection is much more solid when you have a full concept that you'd like to copyright, as a story or game concept is more involved and thus copied work reveals more elements that coincide with the original. And with story elements or game-play concepots, there is less exactness with 'exact' rgb values or such. Take it as a legal bias against the visual (I do) but that's the way I've experienced the system.

That said, sending a script to the Writer's Association of America costs about 5 dollars, and registering your work with a notary is surprisingly cheap - about 50 dollars. This isn't legal representation, just a legal witness of concept as presented and the date.

Hope this helps.

I wish you the best on what looks to be a great project!

Another word of encouragement: another protection is to be found in momentum. As long as your project is moving forward, any plagiarism would only come in second. ;-)

How common is it for character designs to be ripped off? Anyone here have any statistics or personal experience to share?

Wow, I'm not sure. I guess the best would be to copyright the character and name and actually utilise the character in a realised work. I guess what I am saying is perhaps you should make the character real specific and not just a concept on paper. The concept is an idea. AFAIK one can't copyright ideas. Everyone has a Cat & mouse or Bunny or Dog but how they act really defines them.
Historically too there were/are character designs that openly borrowed from another (Max Hare to Bugs Bunny. Felix to Oswald to Mickey to Bosko etc.....) but the demonstrated spirit/personalities in the end is what mattered.

The funny thing about character designs is that they are all so derivative, anyway. At least to me some charcater always reminds me of another. Whatcha gonna do? "Hey they stole my nose!" ? "That's the way I draw my hands!"?:)

Just thought...Maybe incorporate yourself and register the character as your trade mark?

I guess ask a lawyer.

The thing is ...if someone steals your character they will probably make it just different enough.....ANd in the end it's who the character is , not just what it looks like ....and for whomever "borrowed" all or some of your design will argue how different it is and you would argue how similar they are. That's why I think to realise the character in context of a realised product to really establish him/her/it.

I can only think of two cases (probably because I have limited knowledge);
Disney suing Dan o'neill for using Disney charcaters in his underground comic and a Ford cougar character in the 70s that was successfully sued by the Pink Panther people. The latter apparently acted and moved (maybe resembled; I never saw it) exactly like the Pink Panther in a commercial and the former was not hiding the fact that it was Disney characters.
There was also a rather silly one of Kellogg's suing Exxon becasue they didn't like their tiger being associated with selling food in those exxon variety stores at gas stations..... I guess they thought there'd be some market confusion with Tony the tiger.

Whups...just remedbered....Disney got Marvel to distinguish the design of Howard The Duck form DOnald....

Funny thing about copyrighting character design is that litigation can be completely subjective. As mentioned most Character design is derivative in nature. However, technically; if you haven't signed any kind of agreement with certain employers that entitle them to any idea, concept, artwork, etc... while under their employ, Then anything YOU create is copyright by you. Now, that's sort of a soft copyright, since it's not technically on the books, but a person has the right to protect their creations at any given moment.

Another way around the law, is to make a duplicate of your work, put it in a manila envelope and mail it to yourself. Keep the duplicate sealed and work from the original or any other duplicate. You see, once the document has gone through the mail it is stamped with a federal seal. It is basically protected as a legal document. That's the poor man's way to copyright, but it is valid and legal. Not many people know about that, but hey, live and learn, good luck.