Creating a character that
doesn't run into someone else's copyright can be a problem. There are
so many characters out there that it's a ridiculously difficult task.
This is complicated when writers want a specific type of character in
order to make a point of some sort and they need to use that
particular type of character. Here are some tips on how to avoid
them:
Good News: There are some characters that are so intrinsic to the medium that you can't effectively limit anyone else from using the character. A sword-swinging barbarian, for example, or the so-called flying brick would be hard for anyone to sue. However, it is possible; just look at Superman vs. Captain Marvel. The key here is that you need to follow the conventions when it comes to the character but also put just enough of your own twist on the character so it would be hard for someone to nail you.
Good News: There are some characters that are so intrinsic to the medium that you can't effectively limit anyone else from using the character. A sword-swinging barbarian, for example, or the so-called flying brick would be hard for anyone to sue. However, it is possible; just look at Superman vs. Captain Marvel. The key here is that you need to follow the conventions when it comes to the character but also put just enough of your own twist on the character so it would be hard for someone to nail you.
Avoid Over-Saturation: While
you can't help but use the same types of characters, this doesn't
mean you shouldn't at least try to avoid the same characters. Do
something different, and if you can't do something different try a
different character. Your characters need to stand out from a large
crowd and if all they do is melt into the crowd then you may going
about it the wrong way. It's easy to find a sarcastic pyro-mage and a
demonic familiar; why not a fluffy familiar, or a pyro-mage who hates
causing damage? How about an idealistic one? Just try something
different.
Don't Rely On Having A
Comedy Strip: Just because your comic makes fun of a particular genre
doesn't mean you have excuse to retread characters. Your comic should
have its own unique characters and not rely solely on those that have
gone before. Have a flying brick or a sarcastic mage, but make it
your own on some level. Your characters need to be able to stand on
their own and if they can't then you seriously need to rethink your
characters.
Look At It From a New
Perspective: Try to figure out a new approach to the character type.
A pyro-mage is cliché, but how about one that draws heat from the
immediate area? When he throws a fireball, the area surrounding his
target chills and ice forms around the target and then the air around
him explodes. Or he heats up a little himself necessitating a minimal
wardrobe. He could even only exaggerate heat, becoming useless in
even the slightest inclemental weather. Just find a new approach and
one that works for you.
While there are some cliches
you can depend on, you need to figure out new ways of doing stuff
whenever possible. Readers are always looking for something new; keep
that in mind and your comic will forge its way to success.