Monday, October 24, 2016

When Do Superheroes Get Copyright Protection

There is some uncertainty in more recent case law as to which of the two tests controls, with some courts applying both tests and some concluding that satisfaction of either test is sufficient for a character to enjoy copyright protection. In general, it appears that modern courts have found the “sufficiently delineated” test more helpful in answering the copyrightability question.

Jenevieve Maerker opines.


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