Via TechDirt.com: UK Copyright Expiration On Popeye May Be A Test For Mickey Mouse:
"And... the reality is that not very much different might happen.
That's because even though the copyright on the character has fallen into the public domain, the trademark remains -- and the current holder of the Popeye trademark in the UK, King Features (owned by Hearst), is expected to "protect its brand aggressively." That means people will still be quite limited in how they can use Popeye. If King Features is able to successfully use trademark law to keep Popeye under control, perhaps Disney won't go quite so crazy trying to extend the copyright on Mickey Mouse again... Either way, this little "experiment" will be worth watching."
http://techdirt.com/articles/20081231/1202033265.shtml
Showing posts with label Popeye the Sailor. Show all posts
Showing posts with label Popeye the Sailor. Show all posts
Wednesday, December 31, 2008
Tuesday, December 30, 2008
Popeye the Sailor copyright free [in UK] 70 years after Elzie Segar's death, London Times, 12/30/08
Via London Times: Popeye the Sailor copyright free [in UK] 70 years after Elzie Segar's death:
"From January 1, the iconic sailor falls into the public domain in Britain under an EU law that restricts the rights of authors to 70 years after their death. Elzie Segar, the Illinois artist who created Popeye, his love interest Olive Oyl and nemesis Bluto, died in 1938.
The Popeye industry stretches from books, toys and action figures to computer games, a fast-food chain and the inevitable canned spinach.
The copyright expiry means that, from Thursday, anyone can print and sell Popeye posters, T-shirts and even create new comic strips, without the need for authorisation or to make royalty payments...
The question of whether any enterprising food company can now attach Popeye's famous face to their spinach cans will have to be tested in court.
While the copyright is about to expire inside the EU, the character is protected in the US until 2024. US law protects a work for 95 years after its initial copyright.
The Popeye trademark, a separate entity to Segar's authorial copyright, is owned by King Features, a subsidiary of the Hearst Corporation — the US entertainment giant — which is expected to protect its brand aggressively.
Mark Owen, an intellectual property specialist at the law firm Harbottle & Lewis, said: “The Segar drawings are out of copyright, so anyone could put those on T-shirts, posters and cards and create a thriving business. If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.”
Mr Owen added: “Popeye is one of the first of the famous 20th-century cartoon characters to fall out of copyright. Betty Boop and ultimately Mickey Mouse will follow.”
Segar's premature death, aged 43, means that Popeye is an early test case for cartoon characters. The earliest Mickey Mouse cartoons will not fall into the US public domain until at least 2023 after the Disney corporation successfully lobbied Congress for a copyright extension."
http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/tv_and_radio/kids_tv/article5415854.ece
"From January 1, the iconic sailor falls into the public domain in Britain under an EU law that restricts the rights of authors to 70 years after their death. Elzie Segar, the Illinois artist who created Popeye, his love interest Olive Oyl and nemesis Bluto, died in 1938.
The Popeye industry stretches from books, toys and action figures to computer games, a fast-food chain and the inevitable canned spinach.
The copyright expiry means that, from Thursday, anyone can print and sell Popeye posters, T-shirts and even create new comic strips, without the need for authorisation or to make royalty payments...
The question of whether any enterprising food company can now attach Popeye's famous face to their spinach cans will have to be tested in court.
While the copyright is about to expire inside the EU, the character is protected in the US until 2024. US law protects a work for 95 years after its initial copyright.
The Popeye trademark, a separate entity to Segar's authorial copyright, is owned by King Features, a subsidiary of the Hearst Corporation — the US entertainment giant — which is expected to protect its brand aggressively.
Mark Owen, an intellectual property specialist at the law firm Harbottle & Lewis, said: “The Segar drawings are out of copyright, so anyone could put those on T-shirts, posters and cards and create a thriving business. If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.”
Mr Owen added: “Popeye is one of the first of the famous 20th-century cartoon characters to fall out of copyright. Betty Boop and ultimately Mickey Mouse will follow.”
Segar's premature death, aged 43, means that Popeye is an early test case for cartoon characters. The earliest Mickey Mouse cartoons will not fall into the US public domain until at least 2023 after the Disney corporation successfully lobbied Congress for a copyright extension."
http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/tv_and_radio/kids_tv/article5415854.ece
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