Copyright of name in movies











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There are many movies that take original Lord of the Rings characters. Such as human, orcs, and elves. One of these movies is Bright with Will Smith



To make such movie, do they need copy right approval from anyone? Or can anyone use any character they want without permission



Would it be ok if they used Harry Potter's characters?










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    up vote
    3
    down vote

    favorite












    There are many movies that take original Lord of the Rings characters. Such as human, orcs, and elves. One of these movies is Bright with Will Smith



    To make such movie, do they need copy right approval from anyone? Or can anyone use any character they want without permission



    Would it be ok if they used Harry Potter's characters?










    share|improve this question


























      up vote
      3
      down vote

      favorite









      up vote
      3
      down vote

      favorite











      There are many movies that take original Lord of the Rings characters. Such as human, orcs, and elves. One of these movies is Bright with Will Smith



      To make such movie, do they need copy right approval from anyone? Or can anyone use any character they want without permission



      Would it be ok if they used Harry Potter's characters?










      share|improve this question















      There are many movies that take original Lord of the Rings characters. Such as human, orcs, and elves. One of these movies is Bright with Will Smith



      To make such movie, do they need copy right approval from anyone? Or can anyone use any character they want without permission



      Would it be ok if they used Harry Potter's characters?







      the-lord-of-the-rings copyright bright






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      edited 2 hours ago









      iandotkelly

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      34.3k8137161










      asked 4 hours ago









      asmgx

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      7001414






















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          For a character to be protected by copyright, it must be an original creation. Tolkein never had a copyright on elves or orcs, because both of those creatures existed in literature prior to the Lord of the Rings. On the other hand, Hobbits were an original creation, so the use of a Hobbit character would require a license from the Tolkein estate. That's why Dungeons and Dragons, for example, refers to Hobbit-like creatures as "Halflings".



          Extending that to Harry Potter, we see a similar mix of established and original characters and creatures. Anyone can tell a story with a basilisk, or a centaur, or a hippogriff, because these creatures are all derived from classical antiquity. On the other hand, I could not include a Death-Eater or a Horcrux in a new work, as those would be protected by copyright.






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            1 Answer
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            active

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            active

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            active

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            up vote
            5
            down vote













            For a character to be protected by copyright, it must be an original creation. Tolkein never had a copyright on elves or orcs, because both of those creatures existed in literature prior to the Lord of the Rings. On the other hand, Hobbits were an original creation, so the use of a Hobbit character would require a license from the Tolkein estate. That's why Dungeons and Dragons, for example, refers to Hobbit-like creatures as "Halflings".



            Extending that to Harry Potter, we see a similar mix of established and original characters and creatures. Anyone can tell a story with a basilisk, or a centaur, or a hippogriff, because these creatures are all derived from classical antiquity. On the other hand, I could not include a Death-Eater or a Horcrux in a new work, as those would be protected by copyright.






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              up vote
              5
              down vote













              For a character to be protected by copyright, it must be an original creation. Tolkein never had a copyright on elves or orcs, because both of those creatures existed in literature prior to the Lord of the Rings. On the other hand, Hobbits were an original creation, so the use of a Hobbit character would require a license from the Tolkein estate. That's why Dungeons and Dragons, for example, refers to Hobbit-like creatures as "Halflings".



              Extending that to Harry Potter, we see a similar mix of established and original characters and creatures. Anyone can tell a story with a basilisk, or a centaur, or a hippogriff, because these creatures are all derived from classical antiquity. On the other hand, I could not include a Death-Eater or a Horcrux in a new work, as those would be protected by copyright.






              share|improve this answer























                up vote
                5
                down vote










                up vote
                5
                down vote









                For a character to be protected by copyright, it must be an original creation. Tolkein never had a copyright on elves or orcs, because both of those creatures existed in literature prior to the Lord of the Rings. On the other hand, Hobbits were an original creation, so the use of a Hobbit character would require a license from the Tolkein estate. That's why Dungeons and Dragons, for example, refers to Hobbit-like creatures as "Halflings".



                Extending that to Harry Potter, we see a similar mix of established and original characters and creatures. Anyone can tell a story with a basilisk, or a centaur, or a hippogriff, because these creatures are all derived from classical antiquity. On the other hand, I could not include a Death-Eater or a Horcrux in a new work, as those would be protected by copyright.






                share|improve this answer












                For a character to be protected by copyright, it must be an original creation. Tolkein never had a copyright on elves or orcs, because both of those creatures existed in literature prior to the Lord of the Rings. On the other hand, Hobbits were an original creation, so the use of a Hobbit character would require a license from the Tolkein estate. That's why Dungeons and Dragons, for example, refers to Hobbit-like creatures as "Halflings".



                Extending that to Harry Potter, we see a similar mix of established and original characters and creatures. Anyone can tell a story with a basilisk, or a centaur, or a hippogriff, because these creatures are all derived from classical antiquity. On the other hand, I could not include a Death-Eater or a Horcrux in a new work, as those would be protected by copyright.







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                answered 3 hours ago









                Allen R. Brady

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