I've created a character for my game, which is completley original in that I didn't copy any parts from anywhere else. However, it has eyes, hair, mouth etc.. How do I know that I haven't coincidentally created something similar to another copyrighted image that someone's created? Is there a way to check whether your image isn't infringing on someone else's copyright? Also, I have a simple box with eyes and a mouth. Now, there isn't much variation you can put, except on colour and shape of the features. However, there's a high possibility that my image is similar to another one since it's so simple. Would this be counted under copyright law, or would it be okay for me to continue this image even though it could look like something already created since it's so simple? Thanks

My understanding of copyright law is that it would have to be so similar that it would be practically impossible for you to have 'accidently' copied it. the only issue i can see is if you subconciously copied something, which does sometimes happen.

Also, if the images are very simple, then it would be unlikely that you could have them successfully copyrighted anyway.

just my 2cents, probably better off waiting for someone who knows a bit more to answer your question though :)

Short answer #1: It Depends.

Short answer #2: The forum is no substitute for real legal advice. If it really bothers you, see a lawyer.


Long answer:

Since you didn't base your work on somebody else's stuff, it is not a derivate work. Since it is a simple thing that required your own creative efforts, it is not a derivative work.

The legal standards for originality and creativity are very low. That means it is very hard to accidently violate copyright law.


Unfortunately you stated:
>> there's a high possibility that my image is similar to another one
So it gets a tad more complicated. Sure it may look similar, but it isn't based on their work. However, if you have seen and studied that other picture (maybe you spent 50 hours playing a game that used a similar sprite) then it might be considered a derivative work.

From your brief description I would feel comfortable using it if I made it.

But even then, it doesn't stop people from suing you. People can sue for just about any reason imaginable, and people are very creative. Since you probably have no significant financial resources, and since the image is inconsequential in the Grand Scheme of Things, you are almost certainly safe even if you DID base it on somebody else's work.

But there are no guarantees in business. Sorry.

Thanks for the reply. I will be getting legal advice for my main character, but for the simple square I feel I should be fine. If you were to ask 20 people to draw a face on a square, I'm sure they would all look similar since there's not much space for creativity.

DISCLAMER: Im not a legal expert. This is information gleaned from my Ethical/Socal issues of Computer Sicence class.


1) Everything you make that falls into copyright law(as in a piece of art/music/or performance)
is "copyrighted" as of the moment of creation.

2) Being "copyrighted" and "regestered copyrighted" are two different things. If you own the copyright, then
you have the right to regester the copyright. Only once it is regestered can you take legal action, and as i recall, the legal action
can only result in damages from the date of regestration paperwork submision to the date of you suing.

3) Regestering a copyright takes time and money, but the first one to submit the paperwork gets the legal rights.

Quote: Original post by KulSeran
2) Being "copyrighted" and "regestered copyrighted" are two different things. If you own the copyright, then you have the right to register the copyright. Only once it is registered can you take legal action

Under U.S. copyright law. See here and here. The OP is in the UK, where this doesn't apply as there is no official registration. See here and here.

For the benefit of anyone looking at this in future, Australian copyright law is similar to that of the UK, and you can find similar information to that provided for US and UK law above here and here.


As always, consult a lawyer to be safe.

Copyright covers actually copying (or making a derivative work from) someone else's work, not independent creation. The point is though, if you come up with some non-trivial work that's very similar to someone else's, the probability is so astonishingly small that you'd have a hard time proving you created it independently.

But that doesn't apply to things where it is highly likely that people could come up with something similar - it would be like copyrighting chords or a simple chord sequence in music; no, you can't copyright something so simple.

No, IANAL, but surely there comes a point where we don't spend money on a lawyer for every trivial action we take. Put it this way - did you consult your lawyer before typing this post, in case someone else has used the words "I've created a character for my game"?