Can virtual characters get copyright protection
In fact, there has never been an exact statement about whether virtual characters can be protected, but there is a basic consensus that only having a name can not enjoy rights. If the virtual role becomes the essential element of the work, it has the identification function and original characteristics, and should be protected by copyright. However, in practice, there are different performances. Often the image of a virtual character can usually be protected by copyright, but the name can hardly be identified as a work in the sense of copyright law alone.
The main reason why the names of virtual characters are so difficult to obtain copyright protection lies in the problem of originality. Because the name of a character is usually just a simple composition of words, if it is required to be original, simple words, titles, etc. cannot reflect thoughts or feelings without the collocation of other materials. This conflicts with the copyright protection object's requirement to express certain thoughts and feelings.
At this time, some people will say that some famous characters' names are well known to the public, and they don't need the cooperation of other materials. When they hear the names, they immediately think of the characters' images. Why can't they get copyright protection?
That is because the name has formed a deep impression on the public, through which the fictional character and even the plot of the whole work can be linked. However, this is only the public through cognition and association. In reality, the name of a virtual character is still a concept. The concept of copyright is generally not protected.
If you really want the name of the virtual character to be protected by copyright, you must first solve the originality problem mentioned above. When the name of the virtual character has originality, it can be regarded as a work to obtain copyright protection. However, there is no accurate criterion for judging the originality of names.
Therefore, whether the virtual characters can obtain copyright protection is still a big problem, especially for the protection of names. Those that can be protected are only examples.
