How to Obtain Copyright Permission for a Cartoon Character
If you want your business to survive after a few sales, you'll need to get licensing from the copyright and trademark owners. Without a licensing agreement, your merchandise could be seized at the border, or you could get sued and have your company shut down by the intellectual property (IP) owners.
So are Anime characters Copyrighted? Yes, they are copyrighted! In the United States, a character is automatically copyrighted as long as it is “original”, meaning it has to involve an element of creativity, that is unique and distinguishable.
Once created, a copyright (presently) lasts for the lifetime of the author plus an additional seventy years. If the creator is a corporation then the copyright lasts the shorter of 95 years from the date of publication or 125 years from the date of creation.
Fanart and doujinshi of actual characters can be considered a derivative work under the copyright holders' rights. As a result, the production of artwork using copyrighted characters can be considered an infringement. This includes work depicting multiple characters from different works as several infringements.
Currently, these titles often go for as much as US$250,000 MG per episode, but can go as high as $400,000 in some cases. $250,000 per episode roughly covers the full Japanese production budget for many series, although higher budget anime sometimes cost as much as $500,000 an episode to produce.
While the original manga is copyrighted by the creator and his studio, Viz Media holds the license to translate it in North America. The Naruto anime is an entirely different sphere, with animation studios owning the copyrights for their production.
As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death.
AMVs almost certainly violate the copyrights of the songs being used, however. The ability to synchronize a song to certain visuals is a specific right that usually must be obtained from the owner of the recording -- usually the record label. Moreover, the entire song is usually used with no modification.
It is perfectly fine to use anime images, manga images, and video clips for noncommercial, informative, satirical, or critical works. The images you use will not belong to you (again, unless you create them yourself), but the text you write does as long as it is original.
It is illegal to sell any artwork that resembles licensed anime characters. Shops are shut down for this every day on Etsy when reported for violating copyrights.
Selling something with BTS on it, is illegal. According to a recent issue over such a contract involving BigHit and BTS, the fees payable to BigHit for the Rights of Publicity of BTS in this case was a monthly fee of 300 million won (nearly 300 000$ or 250 000€).
Huffington Post Japan reported that Shueisha has trademarked the clothing patterns for the following Demon Slayer: Kimetsu no Yaiba characters: Giyū Tomioka, Shinobu Kocho, and Kyōjurō Rengoku. The trademark was denied for the clothing patterns of Tanjirō Kamado, Nezuko Kamado, and Zenitsu Agatsuma.
You are allowed to sell copyrighted anime characters if you are licensed to do so. Under the law, the artist who owns that type of intellectual property must give you permission to create derivative works for sale.
Back in 2020, Shueisha had filed a trademark application on Demon Slayer's six main characters. The aim to copyright the patterns was to "protect the distribution of genuine products." Although some of the patterns have been approved, the JPO has rejected the copyright on Tanjiro's attire.
It is perfectly fine to use anime images, manga images, and video clips for noncommercial, informative, satirical, or critical works.
Huffington Post Japan reported that Shueisha has trademarked the clothing patterns for the following Demon Slayer: Kimetsu no Yaiba characters: Giyū Tomioka, Shinobu Kocho, and Kyōjurō Rengoku. The trademark was denied for the clothing patterns of Tanjirō Kamado, Nezuko Kamado, and Zenitsu Agatsuma.
If you have access to the copyrighted work, the first thing you should do is check it for: (1) a copyright notice; (2) any other indication of copyright ownership; and/or (3) information that might lead you to the copyright owner (e.g., the author’s or publisher’s name or ISBN number). Searching the U.S. Copyright Office database is also a good idea. The database is not the easiest to use, but if the work was registered with the Office, the ownership information should be included in the database. Keep in mind that owners are not required to update their contact information with the Office, so the information found in the database may no longer be accurate.
These rights include the right to reproduce, distribute, modify, and to publically perform and display the work . The creator is free to transfer these rights to others and, when doing so, can divide up the bundle of rights however they want. For instance, the creator might assign the right to publish (i.e., to distribute copies of) his book in the United States to a U.S. publisher; the right to translate (i.e., modify) the book into Spanish – and distribute the translation in Mexico – to a Mexican publisher; and the right to create a movie (i.e., modify and publicly perform) based on the book to a U.S. movie studio. Therefore, before seeking permission you need to know what type of permission you need so that you know what to ask for and who to ask.
A side note about older works: If you don’t know who created an older work, it’s important to identify the creator because it will help you determine if the term of copyright protection for the work has expired. Since the term for many copyrighted works is measured by the life of the creator plus another 70 years, knowing whether and when the creator died will help you determine when the work will fall or fell into the public domain by virtue of term expiration and thus, whether you need to get permission at all. But note, the copyright law has different terms for older works and for works of corporate origin (often referred to as “works made for hire”). But a detailed discussion of copyright term is beyond the scope of this blog.
When it comes to music, there are two distinct copyrighted works: the musical composition (the lyrics and musical score) and the sound recording (what you actually hear on the radio). Depending on your intended use there may be multiple owners you need to get permission from. Also, depending on the type of use, there are different types of licenses you may need. There is a mechanical license which would apply if you plan on recording and distributing a cover version of a song. Many of these licenses are administered by the Harry Fox Agency. Public performance licenses are issued by performance rights organizations (PROs, like ASCAP, BMI, SESAC, and GMR) which are paid if you plan on performing the music (for example in live performance). Synchronization (or “synch”) licenses are required when a musical composition is used as soundtrack in a video, film or TV show. For a more detailed discussion of these issues, please read our blog on this topic.
For example, an author may transfer his copyright to a book publisher or a songwriter may have willed her copyright ownership interests to a relative when she died. It is also possible that copyright ownership may be transferred several times or be split amongst many different people.
You should understand that the copyright owner does not have to respond to your inquiries. If you’ve located the copyright owner, but get no response to your emails or phone calls, that doesn’t mean you can use the work. Instead, you must get permission from the owner. If they choose to ignore your request, it’s their right to do so.
Lastly, whatever agreement you reach with the copyright owner, it’s prudent to ensure that it’s in writing. Having the agreement in writing helps avoid any confusion in the future.
Write a letter or email requesting permission to use the cartoon. In the letter, include the following information: Who you are, the purpose for which you would like to use the material, the exact image you would like to use, how many copies you will be making and how they will be distributed. For example, tell them if the image be used in a class, a training seminar, a PowerPoint presentation or on a website.
For a cartoon character, the syndicate or the publishing company likely holds the copyright for the artist. Even if the artist holds the copyright personally, the best way to contact the artist is through her publisher or syndicate.
Look up the copyright owner's address or email address. For large companies such as United Feature Syndicate or New York Times, there is a section of the company website explaining how to contact the copyright or intellectual property division. For smaller publishers or individual artists, use the general email or physical addresses.
If your request is denied or you are asked to remove the cartoon from a website, you should comply immediately. Intellectual property businesses are aggressive in protecting their means of income.
Legal Use of the Disney Characters. So there is a cartoon character that captures exactly the spirit and character of you, your business or your website. Before using that character for any purpose other than personal or educational, you'll need to get permission to do so.
Cartoon characters, like every other work of art or literature, are protected by copyright laws, meaning the original creator has the right to control how the work is used -- and, incidentally, to profit from the work, if they choose.
For legal questions such as these, it is always good to contact a copyright lawyer in your country. Laws regarding fair use, copyrights and the likes differ per country, and a copyright lawyer should be more than capable of answering your questions. And this answer should not be seen as legal advice.
In short, technically you do need a license (and I don't expect Kodansha or such to give out licenses to individual fans), but practically companies will typically not bother fans selling fan art pins or such merch in a small scale - although as with all unspoken rules, YMMV.