Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works - wikipedia 
Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.
# Visual and literary characters
Copyright protection is available to both characters that have been solely described in writing, as well as characters depicted in a visual or graphic form.
What is required is that the character in question possesses original or a set of distinctive traits, and visual representation is not an essential.
If the literary character is not depicted in a visual form, and has only been described in writing in a few lines, then the character cannot enjoy copyright. On the other hand, where the characters, like Sherlock Holmes and Dr. Watson are found to be distinctive enough, they are held to be subject matter of copyright, even if they are merely in written form.
Copyright protection may be granted to comic characters where the physical and conceptual characteristics find unique expression in graphic from.
# Components of character’s identity
Copyright protection may also be afforded to the individual components of a character’s identity. For instance, copyrightability was granted to the glove worn by the protagonist in the movie ''A Nightmare on Elm Street'' on the grounds that it helped identify the character, and therefore enjoyed a distinct protection separate from the character.
Similarly, the superhero Batman’s car the Batmobile was held to be protectable by copyright on account of the fact that firstly it had a set of distinctive traits, and secondly these traits could be separated from the utilitarian functions of the car and be represented in pictorial, sculptural and graphic form.
# Stock characters
The Scènes à faire doctrine holds that those scenes or aspects that are (DTB - not???) indispensable to the story or are standard expressions cannot be copyrighted. This limitation also applies to fictional characters.
Therefore, stock characters or archetypical and hackneyed elements are disqualified from protection by virtue of the fact that they are not unique in their expression.
# Copyright infringement
In cases of copyright infringement of a fictional character, a two-step test developed by the American Courts has to be satisfied.
- Firstly, it must be established that the character in question is capable of being copyrighted. - Secondly, it must be demonstrated that there has been an infringement of this unique expression.
The delineation test and the story being told tests as explained above are used to determine the copyrightability of the character, and the Court must check whether the same is precluded from being afforded protection by virtue of applicability of the scenes a faire doctrine.
Following this, the actual infringement is to be decided by comparing the original and allegedly infringing work for a Substantial similarity) in appearance, as well as in personality traits.
# Other sources of protection
Protection of fictional characters may also be derived from certain alternative sources in (American) law: - Trademark Law - Right to Publicity - Trademark Dilution - Misappropriation
# See also * United States * India * References