Copyright Questions

[samrr]

Can anyone help with some copyright questions I have?

I will use the show Eastenders as an example and the person Phil Michell.
We also have to assume that the word Eastenders is copyrighted however Phil Mitchell is not.

Now I have a product for example a T shirt with a piture of someone who looks like Phil Mitchell on it which I want to sell. (not the best example I know )

Can I market the product as 'Phil Mitchell T Shirt' ? I know I can't add 'from Eastenders' or the word 'Eastenders' in anything however can I use the word Phil Mitchell?

Is there any passing off problems with me using a name even though it is not copyrighted?

Thanks in advance and sorry for using Eastenders as an example!

Edited by samrr on Thursday 15th April 10:49

[StevieBee]

Phil Mitchell is a character name. That character is owned by the BBC so is copyrighted by default.

If you use the image of someone who looks like Phil Mitchell and use the line "Phil Mitchell T-Shirt", you would most likely be breaching copyright as you are using a name and image made famous by another party, to profit from yourself.

You'll also find that Steve McFadden's agent will probably not take too kindly to it either.

I'm not a legal bod but do get involved in CR stuff from time to time so those of a more legal nature feel free to shoot me down in flames.

[samrr]

That's what I wanted to know - the character is protected even though there is not copyright filed for that name right?

It's not Phil Michell BTW he is far to scary...

[LivinLaVidaLotus]

Names are not copyrighted, ideas are. Names are trademarked