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16 July 2026
This event began 07/16/2021 and repeats every year forever
Character Copyright 07/16/2021
COMMENTS IN ARTICLE
Fan fiction is a hot button for many professional writers. Broadly speaking, if the fan fiction is written by a non-professional and is non-commercial then it is more likely to be considered fair use, an exception to infringement. However, even if the work is not professional and not commercial, many writers consider fan fiction an infringement.
My purpose in writing this post is to make writers aware that their characters can have individual protections. It is a concept that should be considered when licensing the work, in an option agreement for instance. I have seen requests from producers to option not just the work, but certain characters in the work. Writers need to consider how they want to deal with those requests when they come. You do not need a multi-million dollar franchise to start thinking about it.
I will say one thing first, lawyers always reveal the most interesting legal battles in various subjects. I knew of none of these incidents. Thank you Ms/Mrs Goldman and as always thank you Jane Friedman for sharing.
I admit I wanted to have my first fan fiction this year and I failed. I like to create something I never did before each year. But this article made me realize I made two errors.
My first error was my inability to make a fan fiction. I am an original creator and every time I tried i kept making a world or characters that have no plot connection to the source fiction or characters. Imagine a story supposed to be set in the same world as harry potter but is primarily concerned with a magical detective agency in calcutta during the mughal era where the magicians don't use wands and the plot never goes to europe or the usa or mentions any spells in harry potter or any of the references of the movies or books. Is that fan fiction? or merely fiction that a writer has to say is based in the harry potter world?
But after this article, I made a second. I didn't put enough thought into the whole activity of fan fiction, especially to work that is not in a public domain. I am glad I failed to continue the use of the world or characters in the material I wanted to make fan fiction for. I still will like to try it. but I will start with a better dialog with the author. that is first
from
Richard Murray
Are Fictional Characters Protected Under Copyright Law?
July 14, 2021 by Kathryn Goldman
Today’s post is from intellectual property attorney Kathryn Goldman (@KathrynGoldman) of the Creative Law Center.
Jack Ryan, the analytical, yet charming CIA analyst, made an appearance in federal court in Maryland earlier this year. The heirs to Tom Clancy’s literary legacy are fighting over him. Unlike in the movies, he’s not in a great position to fight back.
It all started when Clancy signed the publishing deal for The Hunt for Red October where Jack Ryan made his debut in 1984. In a departure from common practice, Clancy transferred his copyright in Red October to the publisher. A few years later, Clancy realized his mistake and was able to negotiate return of the copyright for the book. He immediately transferred the reverted copyright to his company.
Here’s the crux of the current court battle: When Clancy mistakenly transferred his copyright in the book Red October to the original publisher, did the copyright to the character Jack Ryan go with it? Or did Clancy retain the character copyright? In normal practice, the sale of the right to publish a copyrighted story does not stop the author from using its characters in future works.
If Clancy retained the rights to the character when he signed the initial publishing contract, then the rights that reverted from the publisher would not have included the copyright for the character. The reverted rights Clancy turned around and transferred into his company would not have included the character rights. All of which means that the character, Jack Ryan, is part of Clancy’s estate and not controlled by the company he set up.
Jack Ryan is a valuable character with his own copyright separate from the copyright in the book. Everybody concerned, the owners of the company and the heirs to the estate, wants a piece of him, or all of him. And it’s not clear where Mr. Ryan currently resides.
Fictional characters are not listed in the copyright statute as a separate class of protectable work. There’s no application at the Copyright Office for them. But over the years, the law on character protection has evolved.
Courts have held, in certain circumstances, that fictional characters are protectable in their own right.
This is important because characters with independent copyright can be licensed separately from the stories in which they originally appeared. It’s another way for authors to divide their rights to create multiple income streams. That’s the beauty of copyright. It’s divisible. An author can keep some rights and license others. It’s what Clancy did and his company/estate is still doing with the Jack Ryan franchise.
Not every character can be protected by copyright. Stock characters cannot be protected—a drunken old bum, a slippery snake oil salesman, a hooker with a heart of gold, a wicked stepmother, a gypsy fortune teller, and so on. They are essentially ideas for characters, vague and lightly sketched. Copyright does not give anyone a monopoly on ideas. Protecting stock characters would prevent as yet untold stories from being told. Depriving the world of new stories is exactly the opposite of what copyright is intended to promote—the creation of more stories, more art.
A character must be well delineated to be protected.
It must have consistent and identifiable character traits and attributes so it is recognizable wherever it appears. Think James Bond and his distinctive character traits: his cool demeanor; his overt sexuality; his love of martinis “shaken, not stirred”; his marksmanship; his “license to kill”; his physical strength; and his sophistication. Bond is protected by copyright. The Bond character is identifiable regardless of who depicts him.
Defining the well-delineated character can be difficult. Characters that are central to a story tend to change. They evolve. They are built up throughout the book until they are fully formed in the mind of the reader. Without character transformation there is no hero’s journey, no story. Characters can become more delineated and more protectable over the course of a series of books. Bond developed over the course of 14 books written by Ian Fleming and continues to develop on film.
Characters that are less developed are less likely to be protected. Those characters are less expression and more idea. There’s a gray area that needs to be navigated when balancing the protection for original characters but leaving character ideas in the public domain free for all to use.
Public domain characters cannot be protected
But new characters created from public domain works can be protected. Consider Enola Holmes, the younger sister of Sherlock. The Sherlock Holmes stories have been slipping into the public domain for years now, to the chagrin of the estate of Arthur Conan Doyle. The creative elements of Sherlock Holmes stories that are in the public domain can be used by others to build new stories.
Enola Holmes was introduced to readers in a series of young adult books written by Nancy Springer. Enola does not exist in the Conan Doyle canon; she was created by Springer. She has distinctive traits (high intelligence, keen observational skills and insight, skills in archery, fencing, and martial arts, an independent thinker who defies Victorian norms for women) that combine to make her well delineated and protectable.
Another wrinkle: “The story being told” test
The “well delineated character” is the most widely accepted legal test used to decide whether a fictional character is protected by copyright, but it is not the only one. The other is “the story being told” test. Sam Spade is responsible for this test.
Dashiell Hammett created Sam Spade when he wrote The Maltese Falcon. Hammett licensed the exclusive rights to use the book in movies, radio, and television to Warner Brothers. Hammett later wrote other stories with Sam Spade. Warner Bros. complained that it owned exclusive rights to the character and Hammett couldn’t write about him anymore.
Ironically, the court protected Hammett’s right as the creator to use Sam Spade in future stories by deciding that the character was not protected by copyright. Sam Spade is just a vehicle for telling the story and is not the story itself. He is the chessman in the game of telling the story. It was the story that was licensed to Warner Bros., not the chessman.
A character is protected under the “story being told” test when he dominates the story in a way that there would be no story without him. This test sets a high bar for character protection. To protect the character, the story would essentially have to be a character study. The Maltese Falcon is not a character study of Sam Spade.
An example of character protection using the “story being told test” is the Rocky franchise. A screenwriter wrote a story on spec using the characters Rocky, Adrian, Apollo Creed, and Paulie. The work was considered to be an infringing use of the characters. The characters were protected because the movies focused on the characters and their relationships, not on intricate plot or story lines. The characters were the story being told. The writer could not avoid the infringement touchpoint of substantial similarity when he took the characters and used them in a new storyline.
In summary
Fictional characters can lead a new and independent life completely separate from the original work in which they appear. They are an additional creative asset in a writer’s intellectual property portfolio. There is no straight forward way to register for character protection with the Copyright Office other than as part of the larger work. Authors will be well served to think about protecting the rights in their characters when signing publishing contracts and licensing agreements.
Kathryn Goldman
Kathryn Goldman is an intellectual property attorney and Editor-in-Chief at the Creative Law Center. She represents, writes for, and teaches creatives and entrepreneurs about copyright and content protection, trademark basics and branding, and business building. She can be reached at Kathryn@creativelawcenter.com.
ARTICLE LINK
https://www.janefriedman.com/are-fictional-characters-protected-under-copyright-law/
COMMENT ON FACEBOOK POST
Wiley Saichek
Jane Friedman My client Chelsea Quinn Yarbro (we ran an excerpt from her book on writing a few years ago) is one of those writers who are extremely protective of her characters and does not grant anyone the usage of her characters in fan fiction, even in amateur publications, not for profit outlets. From her point of view and her lawyers at the times, distribution is a key factor, not whether the infringing fan writer makes any money off of it.
My personal suggestion is if anyone wants to use a character they did not create, ask the copyright holder's permission and respect their decision. I.e. Quinn has written stories in the Holmes universe but got permission from the estate and had rules to follow.
Quinn's most serious case of infringement happened in the 1990s, she wrote two essays about it in a SF publication in 1992. In her case she was asked and said no, and the fan writer wrote it anyway and it ran in a fanzine with a note acknowledging CQY declined permission but they were going to run it anyway and hope she will forgive them. I think they actually used three of her recurring characters.
Many fans and writers disagree with how she handled it, but she has zero sense of humor about it.
FACEBOOK Link
https://www.facebook.com/jane.friedman/posts/10159604823112417?__cft__[0]=AZXv6tqLEho3qt9e6ECOp5g8Bm4JmEefiGUqUC07rvEpR6crPews6VYpt6oZ--49mda_yRlyZRU7ZZzwkjlNy5dcdppQGrPoVf3IqR2fe0CYcoVHMDkNisftkhyxdUO_YtU&__tn__=%2CO%2CP-R
Original Post
https://aalbc.com/tc/profile/6477-richardmurray/?status=1572&type=status
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16 July 2026
This event began 07/16/2025 and repeats every year forever
Assata Shakur spirit flew 09/26 in the year 2025
correction she was born July 16, 1947, so she was 78.
from Essence Magazine
We are saddened to report that Assata Shakur, revolutionary, activist, and author, has passed away.
Born JoAnne Chesimard, she rose as a leading member of the Black Panther Party and the Black Liberation Army, fighting for justice and freedom.
A political exile in Cuba since 1984, her life embodied resistance, resilience, and the unyielding pursuit of liberation. Her legacy lives on in the generations she inspired to stand tall in the face of oppression.
The best way to honor here is with a quote we all should by:
“It is our duty to fight for our freedom. It is our duty to win. We must love each other and support each other. We have nothing to lose but our chains.”
Rest in power, Assata.
https://www.essence.com/cuba-says-returning-assata-shakur-us-off-the-table/
Cuba Says Returning Assata Shakur to U.S. Is 'Off the Table' Assata Shakur has been living in Cuba since 1977, when she escaped imprisonment after she was convicted of killing a U.S. state trooper By Taylor Lewis · Updated October 27, 2020 Despite improved relations between the United States and Cuba, Cuban officials have no plans to turn American fugitive Assata Shakur over to the U.S. Shakur, the first woman to be placed on the FBI’s most wanted list, has been at large since 1977, four years after she was arrested on charges of killing a New Jersey State Trooper. However, many believe that Shakur, who had strong affiliations with the Black Panther Party, was framed by COINTELPRO, an anti-liberation government organization. After the shooting, her fingerprints were never found on the gun, and there was no trace of gunpowder on her hands. With the help of the Black Panthers, Shakur escaped prison and fled to Cuba, where she has been living freely ever since. Cuba officially granted her political asylum in 1984, though the United States is determined to see her back on American soil, issuing multiple warrants for her arrest. President Obama announced in December that the two countries have restored relations, even releasing political prisoners from both sides. But, the chances that Cuba will agree to turn over Shakur are slim. Earlier this week, Gustavo Machin, deputy director for American affairs at the Cuban Ministry of Foreign Affairs, told Yahoo! News, “I can say it is off the table. There are very serious doubts about that case. We consider that a politically motivated case against that lady.” The U.S. has not responded to Machin’s statement.
https://www.essence.com/assata-shakur-facts-call-return-from-cuba/
8 Things to Know About Assata Shakur and the Calls to Bring Her Back from Cuba By Paula Rogo · Updated October 26, 2020 Every few years, it’s not uncommon to see Assata Shakur’s name back in the news headlines. Shakur is a revolutionary Black icon, whose legend has evolved into making her a patron saint of Black rebellion in the last half-century. The Queens, N.Y, native has been living in Cuba for over 30 years, after having escaped from the prison where she was serving a sentence for allegedly killing a New Jersey state trooper in 1973. 5399089366001 In 2017, President Trump announced that the US would impose new limits on US travelers to Cuba, adding that the US would consider lifting those and other restrictions only after certain changes were made — including returning American fugitives like Shakur. “The harboring of criminals and fugitives will end,” Trump said to Cuba. “You have no choice. It will end.” Cuba pushed back, refusing to hand her over, and adding another chapter to Shakur’s revolutionary life. The island has long been a haven for African-Americans who’ve committed “political crimes” or domestic “terrorism” (In the 1960s, Black Panthers such as Eldridge Cleaver, Huey Newton and Raymond Johnson all spent time in Cuba). A mystic lore now surrounds Shakur, both in her four-decade evasion of law enforcement — she was the first woman to ever make the FBI’s most wanted terrorist list — as well as her proximity to hip-hop royalty — she is step-aunt and godmother to the late Tupac Shakur. Here are eight things to know about her: 1. What’s in a Name? Shakur was born Joanne Deborah Chesimard, in Jamaica, Queens. She changed her name to Assata Shakur in 1971. “The name JoAnne began to irk my nerves,” she writes in her autobiography. “I had changed a lot and moved to a different beat. I didn’t feel like no JoAnne, or no Negro, or no Amerikan. I felt like an African woman. My mind, heart, and soul had gone back to Africa but my name was still stranded in Europe somewhere.” 2. The Revolution Article continues after video. Shakur joined the Black Panthers in the late 1960s while in her 20s, but eventually became disillusioned with the direction of the organization and left. She then became a member of the Black Liberation Army (BLA), another militant Black organization that believed in open resistance. 3. Her Alleged Crimes On May 2, 1973, Shakur and two members of the BLA were pulled over by state troopers in New Jersey. State Trooper Werner Foerster and one BLA member were killed. While police maintain that Shakur is responsible in Foerster’s death, she has consistently denied the accusation. In 1977, Shakur was convicted on one murder charge and six assault charges and sentenced to life in prison. But there is much evidence to suggest the trial was not fair; her lawyer called the trial “a legal lynching and a kangaroo court.” She escaped in 1979 with the assistance of BLA members posing as visitors to the prison. 4. Fidel Steps In Shakur was granted asylum by Fidel Castro in 1984. 5. FBI’s Most Wanted In May 2013, the 40th anniversary of her arrest, she became the first woman ever to be named on the FBI’s Most Wanted Terrorists list. There is a $2 million federal and state reward for her arrest. 6. Extradition Over the years, politicians have called for her extradition from Cuba, including Gov. Chris Christie of New Jersey, and most recently President Trump. 7. ‘She Is Innocent’ Many prominent Black thinkers and leaders have also maintained her innocence. Angela Davis, for example, has said that Shakur is a little threat to the U.S. government: “Assata is not a threat. She is innocent,” she has said. “People really don’t know the details and are not aware of the extent to which [Shakur] was targeted by the FBI and the COINTEL programme.” 8. Hip-Hop Loves Her Shakur is an icon within hip-hop lore, having been cited in songs like Public Enemy’s “Rebel Without A Pause” to Common’s “A Song for Assata.” Being the godmother and step-aunt to Tupac Shakur also adds to her intrigue.
from NewsOne
Activist, revolutionary, Black Panther Party leader and member of the Black Liberation Army (BLA), Assata Olugbala Shakur, has died at age 78, according to her daughter, Kakuya Shakur, meaning the ancestors have gained a fierce warrior in the fight against white supremacy. May she rest in power. ✊🏾
https://newsone.com/6489574/revolutionary-fighter-for-black-liberation-assata-shakur-dies-at-78/
Revolutionary Fighter For Black Liberation Assata Shakur Dies At 78 Black Liberation Party member Assata Shakur, born JoAnne Deborah Byron, has died at the age of 78, according to family members. Source: Delphine Fawandu / Delphine Fawandu Activist, revolutionary, Black Panther Party leader and member of the Black Liberation Army (BLA), Assata Olugbala Shakur, has died at age 78, according to her daughter, Kakuya Shakur, meaning the ancestors have gained a fierce warrior in the fight against white supremacy. Shakur, born JoAnne Deborah Byron on July 16, 1947, in the Flushing neighborhood of Queens, New York, was the sister of fellow Black liberation movement icon Mutulu Shakur, who died in 2023 at 72, and the godmother and step-aunt of late legendary rapper and actor Tupac Shakur, whose mother, Afeni, was Mutulu’s wife. Assata represents one of the most iconic names associated with the Black Panthers and the fight to truly liberate Black people from white overseers. That is how Black American people see and celebrate her. For America, she’s a far more controversial figure, and to many, she’s a notorious criminal who broke out of prison and fled the country after murdering a police officer, an act that kept her on the FBI’s Most Wanted List and New Jersey’s Most Wanted List until her dying day. According to EBSCO Knowledge Advantage, she was the first woman to be placed on the FBI’s Most Wanted List. On May 2, 1973, Shakur and two other BLA members were pulled over on the New Jersey Turnpike by State Trooper Werner Foerster and another highway officer. A confrontation occurred between the officers and Shakur’s group, which resulted in a shootout that left Forrester and another individual dead. In 2019, FBI’s Special Agent in Charge Gregory Ehrie characterized the shooting as “a heinous execution of a law enforcement officer, cut and dry.” “This is without dispute,” Ehrrie continued. Oh, but this certainly has been disputed. In fact, supporters of Shakur have and continue to argue that the trial was flawed, citing a lack of physical evidence and eyewitness inconsistencies, and the history of efforts by law enforcement, including the FBI, to undermine and outright sabotage the civil rights movement and Black power movements. At any rate, Shakur escaped from prison in 1979 and ultimately sought asylum in Cuba, where she lived out her life. As written by our sister site, Bossip: But despite the government’s efforts to silence her, Assata Shakur’s words and work lived on. Her 1988 autobiography Assata became a blueprint for resistance and self-determination, widely studied by activists, scholars, and young people searching for a voice in the struggle. Her life inspired movements like Assata’s Daughters in Chicago, and her name was shouted in protests in Ferguson and across the world. Assata was a human rights activist and freedom fighter who stood in solidarity with oppressed people worldwide — and for that, her legacy will endure. “People get used to anything. The less you think about your oppression, the more your tolerance for it grows. After a while, people just think oppression is the normal state of things. But to become free, you have to be acutely aware of being a slave,” Shakur once said, according to her book, Assata: An Autobiography. In honor of her legacy, here’s the beautiful tribute to Assata Shakur, her story and her legacy, “A Song for Assata,” by Common. https://www.youtube.com/watch?v=HaqXrT9bU10 Rest well, Assata, and be free.
A SONG FOR ASSATA by COMMON
https://www.youtube.com/watch?v=HaqXrT9bU10
https://newsone.com/2436064/angela-davis-fbi-assata-shakur/
Angela Davis: FBI Targeting Assata Shakur ‘Reflects Very Logic Of Terrorism’ [VIDEO] In an interview from 2013, Angela Davis and Lennox Hinds, Assata Shakur's attorney, discuss Assata being added to the FBI's Most Wanted list. Written by Kirsten West Savali Published on September 26, 2025 UPDATE — Friday, Sept. 26, 2025, 11:12 a.m. EST: Assata Shakur joined the ancestors on Thursday, Sept. 25, 2025. In rememberance of her life and her work to liberate Black people, NewsOne is republishing this article and video about her being placed on the FBI’s Most Wanted List. In an interview on Democracy Now with Amy Goodman and Juan González, Davis said that the FBI placing Shakur on its “Most Wanted Terrorists” list, the first woman to be so designated, “reflects the very logic of terrorism.” “It seems to me that this act incorporates or reflects the very logic of terrorism,” Davis says. “I can’t help but think that it’s designed to frighten people who are involved in struggles today. Forty years ago seems like it was a long time ago. In the beginning of the 21st century, we’re still fighting around the very same issues — police violence, healthcare, education, people in prison.” Davis was joined by Lennox Hinds, Assata Shakur’s attorney since 1973 and professor of criminal justice at Rutgers University, who also said the act is politically motivated: “This is a political act pushed by the state of New Jersey, by some members of Congress from Miami, and with the intent of putting pressure on the Cuban government and to inflame public opinion,” Hinds says. “There is no way to appeal someone being put on the terrorists list.” Shakur, formerly Joanne Chesimard, was a member of the Black Panther Party and Black Liberation Army, and the first woman placed on the “Most Wanted Terrorists” list. Shakur, the godmother of slain Hip-Hop artist, poet, actor and activist, Tupac Shakur, is only the second person from inside the United States to be placed on the list. In an unexpected move, the state of New Jersey announced it was adding $1 million to the FBI’s $1 million reward for her capture. Though the politically accepted version of events vilifies Shakur, please read below for the facts. Liberation News reports: Shakur was falsely convicted of having killed an officer on May 2, 1973. While driving on the New Jersey Turnpike, Assata, Zayd Shakur, and Sundiata Acoli were stopped by state troopers, allegedly for having a “faulty taillight.” A shootout ensued where one state trooper killed Zayd Shakur, and another trooper, Werner Foerster, ended up dead. Shakur was charged with both murders, despite the fact that the other trooper, James Harper, admitted he killed Zayd Shakur. Assata had been, following police instructions, standing with her hands in the air, when she was shot by Trooper Harper more than once, including a bullet to the back. Trooper Harper lied and said he had seen Shakur reach for a gun, a claim he later recanted. He also claimed she had been in a firing position, something a surgeon who examined her said was “anatomically impossible.” The same surgeon said it was “anatomically necessary” for her arms to have been raised for her to receive the bullet wounds she did. Tests done by the police found that Shakur had not fired a gun, and no physical or medical evidence was presented by the prosecution to back up their claim that she had fired a gun at Trooper Harper. While she was in trial proceedings, the state attempted to pin six other serious crimes on her, alleging she had carried out bank robberies, kidnappings and attempted killings. She was acquitted three times, two were dismissed and one resulted in a hung jury. Shakur was put on trial in a county where because of pre-trial publicity 70 percent of people thought she was guilty, and she was judged by an all-white jury. Without any physical evidence to present, the prosecution had to rely totally on false statements and innuendo aimed at playing on the prejudices of the jury pool against Black people, political radicals, and Black revolutionaries in particular. Finally, after years behind bars, the state secured her conviction for the Turnpike shooting. In 1979, Shakur escaped from jail and fled to Cuba where she received political asylum and has lived ever since. She once wrote, “I am a 20th century escaped slave. Because of government persecution, I was left with no other choice than to flee from the political repression, racism and violence that dominate the U.S. government’s policy towards people of color.” https://youtu.be/ZCuj2pvFPY4?si=iv61Mja2MPAKZy5A It speaks to the hypocrisy of the United States that there are police officers who have not only killed unarmed, innocent people, but are roaming free and lauded for their bravery. Based on the criteria, there are certain police departments who should be characterized as domestic terror cells. But instead, the FBI is going after a 65-year-old revolutionary who isn’t even guilty and — by international law — has the right to seek political asylum. It is amazing — and pathetic — how swiftly the FBI felt compelled to frame the domestic terrorism conversation around a Black revolutionary living in Cuba, instead of two White men from Boston. Timing is everything — and the timing of this travesty of justice speaks volumes. To show your support and say Hands Off Assata Shakur, sign the Change.org here.
Angela Davis and Assata Shakur's Lawyer Denounce FBI's Adding of Exiled Activist to Terrorist List
https://youtu.be/ZCuj2pvFPY4?si=iv61Mja2MPAKZy5A
In 1987
referral
https://www.nbcnews.com/news/nbcblk/assata-shakur-black-liberation-army-figure-activist-dies-78-rcna233919
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