Copyright advice please.

[tealmoonxiv.livejournal.com]

I've never made a post on LJ before so please forgive me if my post is messy.

A little background; I have a project I've been working on for a very long time, and I care for deeply.
But I have not posted any of it online because I wanted to get it copyrighted first. Actual registered copyright with the paperwork and everything. I want more legal standing if someone tried to profit off of it.

The problem is I'm not sure how to do so since I want to basically copyright the fictional setting I've created.
I do plan to eventually do some comics (or graphic novels) based on it but they will have nothing in common with each other.
The setting, culture, worlds and most importantly the 1000+ monsters and characters are what I want to protect.

How does one copyright something like this? Since it's not something like an image or a novel.
Something that will continuously grow and take different forms?
Does it need a particular type of copyright or documentation?

Sorry if my post is confusing at all it's hard putting this into words :/

Comments

[fenris-lorsrai.livejournal.com]

All of your works are automatically copyrighted. The formal registration just makes it easier if you have to go to court.

It sounds what you want for most of it is actually a trademark, which is NOT automatically granted and requires registration. The legal difference between the two is rather complicated and varies by country.

The rough way of thinking about it:

Copyright is a very specific individual work in a specific format.

Trademark covers a constellation of recognizable ideas in multiple formats and works.

Star Wars the motion picture is under copyright. It's also trademarked.
Star Wars the whole thing is a trademark, but the individual it's within it each have a copyright.

You can have copyrighted work that infringes upon someone else's trademark... but even though its infringing it doesn't mean the trademark holder owns the rights to the individual work that infringing.

Example:
Someone write fanfic of Star Wars. The work is still copyright the writer, even though its infringing on the trademark. Even though its infringing, George Lucas can't swoop in and print the fanfic as if its his, just because its infringing. He can force destruction or handing over any profits made or file a lawsuit, or a whole host of other things to defend his trademark, but it doesn't automatically become his property.


IT'S COMPLICATED.

also the exact process and actual legal ins and outs vary by country.

Note that with a trademark, most jurisdictions require defense of the trademark to keep it. Failure to defend it sufficiently vigorously may result in it being revoked.

Do you have the time and resources to defend 1000+ trademarks? You may need to edit down the list to the most distinctive and easily defensible items OR condense some of them into specific classes to make them easier to defend. If they're too vague, you also be unable to trademark them.

Be realistic in how much time and money you can afford to expend on defending it. what happens if it becomes really popular? Nevermind having an infringement show up every day, with 1000+ trademarks you could have 10, 20, 100 show up a day. and you NEED to defend them.

If you are that genuinely serious about actively defending it legally, read up on the specific laws in your country and start putting money aside every week to consult a lawyer. Because if you really want 1000+ items trademarked you really, really need to consult a lawyer that can tell you which ones are defensible, which ones aren't, and how much work and money its going to be to do so.

[tealmoonxiv.livejournal.com]

Trademark kinda sounds like it but I don't think I could deal with that much enforcing. :/

I guess I'm just paranoia about someone swiping my idea and somehow winning and taking it. :/

Copyright would probably be sufficient but I'll do more research into both to see what's best.

[kattotang.livejournal.com]

It should also be pointed out to you that trademarks are the only way to actually "protect" characters, because characters can *not* be copyrighted. And most companies/people don't trademark all the characters, instead focusing on the most well-known ones. For instance, Pikachu is trademarked, but other, less popular Pokemon wouldn't be.

There's also the instance where things can't be trademarked, usually for everyday words/names. Like, for instance, Apple can't trademark the word "apple". They can trademark their logo and the full name of "Apple Incorporated", but they can't lay claim to just the word "apple" because common language words like that can't be owned. (Didn't stop them from trying though...seriously, Apple has tried to trademark the word "startup" and patent the shape of a rectangle with rounded corners.)

[tealmoonxiv.livejournal.com]

Apple is indeed crazy with it's trademark attempts.

I'm just worried my designs would be stolen for things like virtual pet sites. :/

Or some company would try to weasel their way into taking over my creatures. :I