Rights to Character Names

[Penny & Bryce Linsenmayer]

No: HPFGUIDX 6451

Hi --

eliasberg at ioc.net wrote:

> Amanda,
>
> I think JKR holds the rights to the characters. Warner Brothers
> has licensed the characters for the movie version of the first
> book, with an option for, first right of all other books in the
> series.

I'm sure Heidi can comment with more authority (being an actual
real-live intellectual property lawyer rather than just a semi-retired
transactional type like myself) but .... I'm fairly certain that JKR
retains rights in the characters for all purposes.  Motion picture
rights are known as "subsidiary rights."  It's generally a right to
create a motion picture using some of the elements of a written work --
title, story line, characters, setting, etc.  But, in general, a motion
picture producer wants to be able to have some license to leave out
characters or scenes, rewrite dialogue, etc.

It is highly doubtful (especially given when the movie deal with Warner
Bros. was negotiated) that JKR sold Warner Bros. the rights to the
characters.  If so, Warner Bros. wouldn't need to go back to her for
rights to create subsequent movies.  Much more likely that Warner Bros
received the rights to the plot of SS and CoS (it's my understanding
they only have rights on the first 2 books at this point).

> Warner Brothers has the rights to all merchandise of the HP
> series and will act as JKRs agent to sub-license to other
> companies for merchandise, i.e. Mattel and the trivia game,
> Electronic Arts for the video games. JKR maintains ownership of
> all her works and receives royalties on all Warner Brothers
> deals;

I would bet she might have also retained some approval rights -- so that
Warner Bros couldn't sublicense to someone who would create
"questionable" merchandise. For example, I'm sure there's some sort of
clause that Warner Bros. can't unilaterally sublicense HP rights to
Budweiser for a beer commercial for example.

> I am not sure if Bloomsbury owns any rights when they signed her? I
> only know the EA/Warner deal.

Oh sure.  The publishers always retain plenty of rights, although JKR
ultimately holds the copyrights in her works.

Maybe Heidi can comment a bit more ....

Penny



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