richard: To illustrate there is a circuit appeals court case of the Taco Bell Chihuahua, where both the district court and circuit court ruled, that the actual character could not be copyrighted according to 17 U.S.. 301 section 102 and 103, because the actual character is not original or novel.
The creators of the Taco dog character received 30 million for their creation of that character.
http://www.wnj.com/News-and-Events/News/Michigan-Creators-Awarded-30-1-Million-in-Law