Copyright: about the creative work
Copyright is generally about original creative works: images, video, writing, music. For AI characters, the tricky part is that AI-generated images may have limited copyright protection. How much human creative input is involved can matter, and the rules are still developing. Where your specific work lands is a question for a lawyer.
Trademark: about the name or mark you brand with
A trademark is about a name, logo or other mark that identifies where goods or services come from. For an AI character, that typically means the character’s name (and maybe a logo) as the brand of a live channel. A trademark doesn’t protect the picture.
Side by side
| Copyright | Trademark | |
|---|---|---|
| What it’s about | The creative work: images, video, writing | The name or mark that brands something |
| AI-character angle | AI-generated images may have limited protection | The character’s name branding a live channel |
| CharacterGuard | Not something we help with | Free check of the name and mark; lock kit for attorney review |
Which one should you think about?
If your worry is “someone might use my character’s name to brand their own channel,” the trademark question is the relevant one. If it’s “someone copied the exact image,” that’s more of a copyright question and, for AI-generated images, a less certain one. Many creators care about both. CharacterGuard only helps with the trademark side. If you’ve already been copied: someone copied my AI character.
The trademark side, checked for free
The free check needs two things: the character’s name and the link to its channel. It reads five rows, one at a time:
- Name clearance. A search of the USPTO’s live trademark records for the same name, names that contain it, and one-letter-off spellings.
- Channel live and branded. Is the channel public and posting?
- Name on the profile. Does the channel page show the name branding the show?
- Mark on the profile. Is the character’s mark in the profile image or header, not only inside clips?
- Generator terms. A dated copy of your image tool’s commercial-use terms.
You get one of three answers: File now, Intent to use (the name looks clear but the channel isn’t live yet), or Do not file yet, with the row that held it and what to fix.
It runs on a real check on public records, the same way it runs on yours.
A common mix-up
Many creators assume that because they “made” the character, they own everything about it. With AI-generated work, that’s less certain on the copyright side. The name you’ve built an audience around is a separate thing, and it’s often the part people actually recognize. That’s why we start there. Next: AI trademark or how to trademark an AI character.
We don’t file trademarks, we’re not a law firm, and we don’t give legal advice. Nobody can promise a registration; the USPTO decides. What we can give you is a clear, honest starting point.
Questions
- Can I copyright my AI character?
- AI-generated images may have limited copyright protection, and it can depend on human creative input. Ask a lawyer about your specific case.
- Can I trademark my AI character?
- You may be able to trademark the name and mark, especially if the character brands a live channel. The free check tells you whether the name is clear on the USPTO’s live records and whether your channel shows it.
- Do I need both?
- They cover different things. CharacterGuard only helps with the trademark side.
- Does CharacterGuard file either one?
- No. CharacterGuard doesn’t file and isn’t a law firm. The Lock kit ($249) gets your character’s name, mark and channel record ready; an attorney decides what to file, and the USPTO examines it. Attorney review ($199) sends your kit to an attorney, whose own fee, if any, you pay directly. It’s joining soon.