Elves, dwarves, etc. are mythology, but Tolkien’s specific interpretation and history of his Middle-earth Elves is copyrighted. As for published works in general, the rule of thumb in the US is 75 years after initial publication, but some authors/estates renew that copyright, so it’s not a hard and fast rule.
1. Claiming that you have copyrighted or trademarked a species is not the same as having done so. Copyright protects against the creation of works with “substantial resemblance” as a result of one’s work. The trademark is based on the…
Elves, dwarves, dragons, etc. far predate any notion of copyright and are in the public domain. – Eric J.
Myth 5: The elf on the shelf is in the public domain
However, the original book and toy first went on sale in 2005, just 10 years ago. They are still heavily copyrighted and very well protected.
Halfling is good to use; it predates Tolkien. Orc no really don’t use it. It’s not a copyright issue, it’s a trademark issue, and the Tolkien Estate is diligent in pursuing its interests. However, you can use Troll or Goblin.
Mythical characters are not copyrighted, so no. There are many YA and MG novels based around Roman and Greek myths.
No, it’s not. If you were trying to create a blood elf faction that was obviously based on the warcrack blood elves, that would be a problem.
Hyena people “Gnolls” are public.
special abilities” and “magical or supernatural abilities or effects”. The clause further states that trademarks must be identified as product identity, but Spiritual domains are not trademarks.
But apparently the US Patent and Trade Office didn’t agree. In 2000, it added the “Santa Claus” brand to its long list of approved, legally recognized holiday-themed marks covering everything from “Santa’s Elf” clothing to “St.includes
Santa Claus in the public domain
A centuries-old character first depicted in the 18th century, our modern day Santa Claus is copyright free. This explains why Santa Claus can be used by Pepsi, Coke’s biggest rival, without fear of prosecution.
Under trademark laws, anyone who uses the name Rudolph with an image of a reindeer-like animal with a bright red nose without permission may be violating the terms of a trademark owned by Classic Media, a New York City-based “entertainment company.” Rights” company.
3 answers. Orcs or orcs are everywhere, so no trademark…
Quenya, Sindarin and all other languages of J.R.R. Tolkien copyright until January 1, 2074. Everything appears to be “copyrighted”. Few may not.
The deities in Forgotten Realms are undoubtedly fictional characters with individual traits, so they are copyrighted.