Are orcs trademarked or copyrighted by Tolkien or anyone else?

Question

I was using Orcs in a book when I was told by a friend that they were copyrighted. Is this true.

Answer 1

No, they're not because that's not how trademark or copyright works. Tolkien's books are in copyright, which means that you can't reproduce any part of them without acknowledging where they're from. Orcs have been used by numerous other authors with their own variations and choices, which makes those orcs their own creation though they were probably inspired by Tolkien.

 

What could be copyrighted or trademarked would be a specific design such as a toy design of a Lord of the Rings orc that's connected to the movies.

 

Trademark is more commonly attached to something that's being sold and orcs are an idea and not a logo or a product. I found a useful breakdown on this from the US patent office.

 

http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

 

Answer 2

I agree with Mary Ann F - there is quite a bit of information you can find through a Google search.

 

From my understanding Orcs are not copyrighted exclusively by Tolkien because they are found in other popular culture (i.e World of Warcraft, Dungeons and Dragons, etc.) It's doubtful that these companies would have had to buy the rights to use Orcs.