Yes, the character Hermione Granger, like all major Harry Potter characters, is protected by copyright (belonging to J.K. Rowling) and trademark (held by Rowling and Warner Bros.), meaning you can't use her for commercial purposes (selling merchandise, new stories) without permission, though casual fan creation and non-commercial fanfiction are generally tolerated unless they become too successful or infringe heavily. While ideas aren't copyrighted, the specific characters, names, and plots are, so using "Hermione" in a product title (like a wedding invitation) can trigger an infringement notice.
📚✨ Did You Know? J.K. Rowling and Warner Bros. have secured trademarks for hundreds of names, visuals, and phrases from the Harry Potter universe — from character names like Hermione Granger and Lord Voldemort to the iconic lightning-bolt logo.
HERMIONE GRANGER Trademark of Warner Bros. Entertainment Inc. - Registration Number 4009793 - Serial Number 77514806 :: Justia Trademarks. The name "HERMIONE GRANGER" does not identify a living individual. 025 - Clothing, footwear, headgear.
Copyright protection is available to both characters that have been solely described in writing, as well as characters depicted in a visual or graphic form. What is required is that the character in question possesses original or a set of distinctive traits, and visual representation is not essential.
J.K. ROWLING'S WIZARDING WORLD is a trademark of J.K. Rowling and Warner Bros. Entertainment Inc. Materials from the Harry Potter series of films and from the film Fantastic Beasts And Where To Find Them are courtesy of Warner Bros. Entertainment.
A proof copy of Harry Potter and the Philosopher's Stone (the first book) sold for around $13,000 (specifically £11,000, or about $13,900) at Hanson's Auctioneers in February 2024, notable for being bought for pennies in 1997 and featuring early errors like "J A Rowling" as the author. Another rare first edition, a tattered ex-library copy of the same book, sold for $13,500 in 2023, highlighting the high value of early printings.
For example, the Harry Potter books by J.K. Rowling are protected by copyright, so nobody else can publish or sell them without her permission.
Any fairy tale characters are public domain and free to use, but you can't base your designs off copyrighted versions. For example, you can create a digital pattern of Snow White , but it can't be too similar to Disney's version of Snow White. General rule of thumb: if it's 95 years old or older, you're safe.
One is not better than the other, as each has its own distinct purpose. In short, copyrights are for creative works, while trademarks are for names, slogans, and symbols associated with a brand. Therefore, in some cases, you may need both to protect your business' branding and its creations.
NOTE: It is an infringement of U.S. Copyright law to market and/or sell any artwork that contains Disney intellectual property, without a license or other written consent from The Walt Disney Company.
Hermione
Nonetheless, Sonora has determined that the modern pop culture connotations make the name unsuitable for kids.
Descriptiveness / lack of distinctiveness: Terms that literally describe items as they are ("tomato," "beer," "copper" or any other common word) cannot be trademarked as they must be reserved for general use. Similarly, marks that fail to indicate a particular commercial enterprise to consumers will not be registered.
If all you want to do is make a brief reference to a famous book or character (perhaps your character is a Harry Potter fan), you're probably okay.
If you're selling your fan art or using it to promote a product, then it's not considered fair use. However, if you're giving away your fan art for free or displaying it on a personal website, then it's more likely to be considered fair use.
Under the Copyright Term Extension Act, books published in 1930, films released in 1930, and other works published in 1930, entered the public domain in 2026.
There's a very simple reason why J.K. Rowling stated that she wouldn't have wanted Emma Watson as Hermione had she met her first, and it likely would have driven a lot of people to angrily protest the movies had they known about it from the start. The reason was this: she was too pretty.
It is in the public domain, and is not copyrighted. Add for trademark, Disney has done much more with Cinderella than just one movies and therefore asserts trademark rights.
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Disney's anti-piracy clause is notoriously strict. The Walt Disney Company and its affiliates own all intellectual property rights to the brands, cartoon characters, titles, and other properties. The clause restricts the unauthorized use of: Titles.
Comics, character, and cartoons
For a $1000 sale on Etsy, you'll pay a 6.5% transaction fee ($65) on the total order (item + shipping + gift wrap), plus a payment processing fee (around 3% + $0.25 USD for US sellers) and potentially a 12% Offsite Ads fee if your sales exceed $10k annually, meaning Etsy takes roughly $80-$100+ in fees, not including listing or ad costs.
The answer can be a resounding “Yes!” Certain rare Harry Potter items can hold significant monetary value, especially for dedicated collectors.
While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. Technically speaking, art created by fans is a “derivative work,” meaning that it derives from another copyrighted work.