Annie:
>It appears to me that US copyright law is very similar
>if not the same as international (and UK) copyright law.
>Whether or not the trademark laws are also the same,
>I have to admit I don't know. I can say, though, that
>trademark and copyright are two different things and
>you *can not* copyright a character name (or situation).
>You can only copyright an individual "thing" in a certain
>form. Although there are some protections regarding
>derivative works...
In the UK, I believe by simply using a name in a given sphere, one acquires
a degree of rights to it within that sphere. So, for example, if I chose to
trade as a medical writing company called, say, Viragene, hacked up an
appropriate website, printed a few flash business cards, and generally said
'hello, my company name is Viragene', I would acquire rights to the name
such that someone else trying to use it within the medical writing sphere
in the UK would be infringing my prior use rights. I wouldn't even need to
register the company, let alone bother trademarking Viragene.
It would seem to me that the BBC et al. might therefore be considered under
English law to have acquired prior use on say Avon -- when used in the
field of 'cynical black-leather-wearing computer genius with a talent for
sarcastic one-liners in sf media'. English law would I guess hold because
the series was created in England.
I think trademark/branding laws differ substantially from country to
country. Copyright, as you point out, is entirely different and these days
slightly more internationally standardised.
>...and that's where you get into the
>whole profit/non-profit, commercial/non-commercial, etc.
>debate of fan fiction as a whole. Generally, my personal
>opinion is that fan fiction, fanzines and fan art qualify for fair use.
Obviously, morally speaking, I agree with this, otherwise I wouldn't have
produced one. However, I'm not convinced that we are truly legally in the
right, merely too small for anyone to bother with. If a fanzine made
substantial profit, then the legal side of things might start to have more
meaning.
Tavia