I'm thinking about making and then publishing a comic series featuring anthropomorphic Pokemon, but how do I do that without copyright infringement?

Creating a comic series featuring anthropomorphic Pokémon without infringing on existing copyrights requires careful consideration of intellectual property laws. Here's a guide to help you navigate this:

Understanding Copyright and Intellectual Property

• Copyright Law: Protects original works of art, including written and visual expressions. However, it does not protect ideas or concepts themselves, only their specific expression14.
• Trademark Law: Protects brand names, logos, and symbols that distinguish products. While it doesn't protect character names unless they're used as trademarks, it can protect titles of periodical publications like comic books34.

Avoiding Copyright Infringement

1. Originality: Ensure your characters and storylines are original and not direct copies of existing Pokémon characters or storylines. While anthropomorphism can be a creative twist, avoid using exact likenesses or names that could be confused with official Pokémon characters5.

2. Parody vs. Infringement: If you're aiming for a parody, ensure it's clear and transformative, adding new meaning or commentary. However, parody is a complex legal area and may not always protect against infringement claims1.

3. Fair Use: This doctrine allows limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, or research. However, it's not a reliable defense for commercial works like a comic series1.

4. Licensing or Permission: If you want to use official Pokémon characters or settings, consider obtaining a license from The Pokémon Company. This is the safest way to avoid infringement but may be costly or difficult to obtain5.

Legal Considerations for Your Comic

• Copyright Registration: While not mandatory, registering your work with the U.S. Copyright Office provides additional legal protections, such as the ability to sue for infringement and seek statutory damages4.

• Trademark Clearance: Ensure your comic's title and any character names do not infringe on existing trademarks. Conduct a clearance search to avoid potential trademark disputes3.

Creative Alternatives

• Original Characters: Create entirely new characters that are inspired by but not directly based on Pokémon. This allows you to maintain creative control and avoid legal issues.

• Public Domain or Open-Source Alternatives: Consider using public domain or open-source characters and settings that are freely available for use.

By taking these steps, you can create a unique and engaging comic series while respecting existing intellectual property rights.