WRITER’S VOICE
Have you thought about using another author’s creation in your work? Nicola Solomon SoA chief executive, explains rights in characters
Nicola Solomon
PROTECTING WRITERS’ RIGHTS WITH THE SOCIETY OF AUTHORS
Ever considered writing a parody or creating a new adventure for Harry Potter? Does the law protect characters? Could you use another author’s character in your work? Could they use a character of your creation?
James Gill, representing the Evelyn Waugh estate, once said: ‘You cannot just wander into someone else’s property and take their characters.’ But surprisingly, you often can. Characters are not protected under English law; copyright protects the words and form in which ideas are expressed, not the ideas or characters themselves. The type of copying traditionally envisaged by the law, taking chunks of original text, is not what happens when someone lifts a famous character’s name or catchphrase for their own book: most sequels and fan fiction (‘fanfics’) take original characters and create new situations for them. Someone can claim copyright infringement only if the original words or settings, plot-lines and character development have been used. English courts have several times refused to uphold copyright in the character of Sherlock Holmes for that reason.