We are excited to share the first of our informative series of articles centered around intellectual property in the realm of animation.We partner with our clients to ensure their intellectual property (IP) remains safeguarded and free to use.

We will tackle topics including IP related challenges faced by the animation industry, such as AI and changes to copyright laws. The series aims to give an introduction and deeper insights into intellectual property rights and their importance within animation.

Understanding Copyright

As one of the most significant intellectual property rights for animators, copyright legally safeguards original work and gives owners exclusive reproducing and distributing rights.

Animation elements that are original may receive copyright protection, such as:

• The characters’ distinctive appearance or representation.
• The script, including unique textual content, dialogue, and plot elements.
• The unique soundtrack created for the animation.
• Original software or animation tools created specifically for the animation.
• The animated sequence itself.

The copyright usually goes to the animation studio when animators create the work under their employment.

Copyright ownership enables the owners to license their work to third-party merchandisers and take legal action to prevent unauthorized usage. This can also offer protection against derivative works, such as unauthorized spin-offs or fan films, which could potentially harm the brand.

An early Popeye Comic, now in the public domain – June 26, 1931

In the UK, protection generally lasts for 70 years after the creator’s death, after which it enters the public domain, though in the US, some last for 95 years. It’s crucial to understand this only applies to the copyright for these early versions — newer versions would still be protected.

Value of Trade Marks

In the UK, trade marks are critical tools for protecting distinguishing characteristics of your animation from similar ones in the marketplace. A UK registered trade mark safeguards your animation’s commercial identity and lets you enforce your rights if your animation’s branding is used without permission.

Here’s how registered trade marks can help protect your animation:

Securing Titles, Character Names, and Logos

Registering the title of your animation or the name or unique logo/image of a character as a trade mark helps prevent competitors from using similar elements.

Merchandising and Licensing Safety

Trade marks can protect against unauthorized merchandise featuring elements of your animation and can be used in commercial transactions like licensing agreements.

Digital and Streaming Security

Registering a trade mark helps you take action against unauthorized usage or imitation on platforms like YouTube.

Implications of Design

Design rights protect visual aspects of your animation and can be powerful protective tools.

The UK offers both unregistered and registered design rights, each with differing scopes of protection:

Unregistered Design Right (UDR):

• Becomes applicable automatically when a design is created and documented.
• Protects the shape and structure of a design, excluding surface decoration.
• Protection lasts for 10 years after first marketing or 15 years from creation.

Registered Design Right (RDR):

• Requires an application with the UK Intellectual Property Office (UKIPO).
• Protects a broader set of design elements, including both 2D and 3D designs, and including surface decorations.
• Offers more extended protection, lasting up to a maximum of 25 years, renewable every 5 years.

Role of Patents

A patent grants the inventor exclusive rights to a new product or process, enabling them to make, use, or sell it for a specified period.

While mostly associated with medical and mechanical products, patents have an essential role in animation where there are technological innovations. Examples include:

• Rendering techniques;
• 3D animation software;
• Stop motion hardware;
• Motion capture systems; and
• AI generation tools.

Marks & Clerk collaborates closely with animators and animation studios to aid in the protection and enforcement of all intellectual property rights, and we invite any enquiries. Look out for our next article in this series, which delves further into some challenges the animation industry faces from an IP perspective.

This article was written by Tia Ilana, Graeme Murray, and Adam Wilson.

The cover image for this article was based on an illustration image by freepik.