Intellectual Property (IP) in Animation 101

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It is a great pleasure to have the opportunity to provide our first in a series of articles focussed on intellectual property and the animation sector. Our firm works to ensure that our clients’ intellectual property (IP) is free to use, properly protected, and properly enforced and we work closely with a number of animation clients in this respect.

There are of course some IP big issues in the animation sector at the moment, such as generative AI and the proposed relaxation of copyright laws, but in the first of a series of articles we hope to introduce you to the various IP rights and their relevance to the animation industry. We will then focus on topics such as generative AI and merchandising in our later articles.

Copyright

Copyright is arguably the most relevant intellectual property right for animators. It legally protects the expression of original works, although not the idea itself, to ensure creators have exclusive rights to reproduce and distribute their work.

This means that several elements of an animation may be afforded copyright protection, as long as they are original, including:

• The characters – particularly their appearance or representation.
• The script – any original written text, dialogue, and plot devices.
• The soundtrack – any original music or sound effects created for the animation.
• The software or code – any custom software or animation tools made specifically for the animation may benefit from copyright protection.
• The animation itself – video and sound recordings of the actual animated footage including the sequence of frames.

Copyright arises from creation of any of these works, and when animators work for a studio, it is often the studio who owns the copyright.

Owning the copyright allows the owner to license their characters and stories to, for example, third-party merchandisers, generating sales from official clothing, posters, dolls/action figures and other commercial products. Copyright also allows the owner to take legal action and prevent unauthorised copying or distribution of their works. It may even protect from derivative works, such as unauthorised spin-offs or fan films, which may be detrimental to the brand.

An early Popeye Comic, now in the public domain – June 26, 1931

In the UK protection generally lasts for 70 years after the death of the creator, after which it enters the ‘Public Domain’. In the US, however, some copyright protection lasts for 95 years. This why E.C. Segar’s Popeye entered the public domain on 1 January 2025, and last year, Disney’s earliest version of Mickey Mouse – Steamboat Willie. It is important to note that only the copyright for these early versions have expired, Mickey in his famous red shorts and white gloves are still protected.

Trade Marks

In the UK, trade marks can be an essential tool for protecting key aspects of your animation, so long as they are distinctive and distinguishable from those produced by others in the marketplace. A UK registered trade mark allows you to protect the identity of the commercial origin of your animation by stopping other parties in the UK from using the same or confusingly similar branding to you, such as a name, logo, or slogan, on the same or similar products or services. If someone uses your animation’s branding without permission, you can enforce your rights through legal action under the Trade Marks Act 1994.

Trade mark protection is a particularly powerful tool as, unlike all other types of intellectual property, trade mark registrations can in principle be maintained for an unlimited period of time, so long as you continue to use the trade mark in relation to the products or services that are specified in the registration.

Here are some examples of how registered trade marks can be utilised to protect your animation:

Protecting Titles, Character Names and Logos

The title of an animated series or film, or the name or a distinctive logo/image of a unique animated character, can be registered as a trade mark. For example, if you create a character called Zippy Zoom and register the name as a trade mark, you can stop competitors from using the same or a confusingly similar name on the same or similar products or services.

It is worth remembering however that a trade mark registration for the image of a key character is limited to the specific representation/pose applied for, and use by others in different and distinct representations may be enough to avoid infringement. It may therefore be more appropriate to protect a character design using design rights (more on this below).

Merchandising and Licensing Protection

Trade marks can be enforced against unauthorized and/or counterfeit merchandise produced by third parties featuring elements of your animation, such as its distinctive titles, characters, logos, or names.

They can also be used in commercial transactions, such as licence agreements with third parties to produce branded merchandise using your trade marks.

Digital and Streaming Protection

If your animation is available on platforms like YouTube, having a registered trade mark allows you to take action against unauthorized use or imitation by others on the platform.

Designs

Design rights can also be powerful tools for safeguarding aspects of your animation, such as the visual appearance (e.g. the shape, contours, patterns, textures or decoration) of characters, settings and other artistic elements.

Both unregistered and registered design rights exist in the UK, though the effect and scope of protection of these rights differs:

Unregistered Design Right (UDR):

• Automatically applies when a design is created and recorded (e.g., when sketches or 3D models are created).
• Protects the shape and configuration of a design (but not any of the surface decoration).
• Lasts for 10 years after first marketing or 15 years from creation (whichever is shorter).

Registered Design Right (RDR):

• Requires an application to the UK Intellectual Property Office (UKIPO).
• Protects a broader range of elements of the design, including both 2D and 3D designs and including surface decorations.
• Offers longer protection (lasts up to a maximum of 25 years, renewable every 5 years).

When it comes to registered design protection, you will need to be mindful to apply for protection as early as possible, preferably before the design is first publicly disclosed. Failure to do so might otherwise rule out the possibility of securing registered protection. This is because a key requirement for a design to be registrable is that it must be new (have “novelty”), and distinguishable from what has come before (in other words, have “individual character”). Your own disclosure of a design before registering can prevent its own novelty!

When using registered designs to protect an animated character or other visual design elements in the animation, consideration should be given as to whether those elements have any particularly distinctive visual features, and how the appearance of those elements may change over time as distinctive and novel changes to the design may not be protected under existing protection. For character designs, it can be useful to protect their head or face separately as this is likely to be subject to less change over time, whereas their clothing may change as the plot progresses in the animation.

Patents

A patent is a right afforded to someone that has a new and inventive product or process, that allows them to make, use or sell the product or a process exclusively for a period of time.

While they are more commonly associated with medications and machinery, patents still play a role in animation, particularly where there are technological advancements in the animation process. This might include:

• Rendering techniques;
• 3D animation software;
• Stop motion hardware;
• Motion capture systems; and
• AI generation tools.

Excerpt from US Patent Application No 2,260,092 (A)

As an example, Walt Disney Productions, arguably the most well-known animation company, is the owner of many patents, including a 1941 patent entitled ‘Method of Creating Cartoon Effects’. This is a method for creating realistic shadow effects by placing a transparent sheet in the shape of the effect over a drawn animation, and photographing it – essentially superimposing an effect rather than drawing it.

Excerpt from US Patent No. 10,529,110 B2

More recently in 2020, Dreamworks Animations were granted a patent for a computer-generated automated animation process. While the usual labour-intensive process of creating an animation scene requires animators to manually position each character, object and even every blade of grass, this patent describes a process automating elements to interact in a natural and consistent way. Although the patent application process makes the intricacies of the patent public knowledge, no one other than the patent owner can use it while the patent is in force – usually 5 years, with yearly renewals for up to 20 years. This protects innovation while still allowing the technology behind the patent to be built upon and improved by others once the patent expires.

Marks & Clerk works closely with animators and animation studios to assist with the protection and enforcement of all intellectual property rights and we would be delighted to discuss any enquiries with you. This is the first in a series of articles and our next one will dig a little deeper into some of the issues facing the animation industry from an IP perspective.

This article was written by Tia Ilana, Graeme Murray, and Adam Wilson.

The article’s cover image was based on an illustration image by freepik.