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Monday, January 5, 2009

Well, Blow Me Down!

Posted by on Mon, Jan 5, 2009 at 4:04 PM

On New Year's Day, Popeye became a public domain character in the European Union.

Copyright laws in the European Union have not seen the massive (and usually corporately-fueled) revisions those in the United States have, meaning that the rights of the creator to their property/character are protected for 70 years after their death. Elzie Segar, who created Popeye, died in 1938, according to The Telegraph. Segar's relatively early death at age 43, allows Popeye's copyright to be tested before his more famous contemporaries.

...anyone can use the character of Popeye in new comics, clothing, and other media without the need to seek authorization from the Popeye rights holders (King Features) or pay royalties for the use. As always, it’s a fine line — the Segar drawings themselves are out of copyright, so derivative work can use and be based on them, but not on later material that was built upon Segar’s material. Additionally, the expiration only covers the copyright, not the trademark.

American copyright laws are ridiculous, and getting worse by the decade. I can't wait to see what happens when Walt Disney's 70 years are up in 2036 and everybody in the EU is making Mickey Mouse and Donald Duck stuff. The internet—or whatever we have in 2036—means that all that stuff will be readily available in the United States.

Here's a list
of people whose work is now open use in certain countries this year. In Canada, it appears that Zorro is now in the public domain, and in Europe, Clarence Darrow and the writer of the lyrics to "Hava Nagila" have both passed the 70 year mark.

 

Comments (9) RSS

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1
Copyright should die with the creator, period.
Posted by Fnarf on January 5, 2009 at 4:14 PM
2
In 2036, the last remaining pockets of humanity will be too busy eating shoe leather and book bindings to worry about copyright law.
Posted by Big Sven on January 5, 2009 at 4:16 PM
3
Does Hava Nagila going into the public domain mean that goyim can use it too?
Posted by Gitai on January 5, 2009 at 4:40 PM
4
Fnarf is right. Why is it death plus 70 years anyway? First it was 14 years, then 28 (+28 more if you renewed), and it's just kept getting more ridiculous.

Death of the author plus 70 years is long enough for the original author's GRANDCHILDREN to have died already. At that point, continuing the copyright does not benefit anyone who in any way contributed to the original work. All it does is give power to corporations, which are too powerful as it is, even without this legal tool for stifling independent creative enterprise.

Look at what's happened to Sita Sings the Blues, an independent animated movie using (public-domain) recordings of Annette Hanshaw. Apparently the movie is undistributable because the corporations that hold the rights to the original compositions are demanding a total of $220,000 for the 'sync rights,' i.e. using the compositions in a movie.
Posted by Greg on January 5, 2009 at 4:48 PM
5
And Fnarf, I'd rather see death of the author or 50 years, whichever is longer. That way there's less incentive to quietly murder the original copyright holder, yes?
Posted by Greg on January 5, 2009 at 4:50 PM
6
Good thing I'm also Canadian.

Zorro, you are mine!
Posted by Will in Seattle on January 5, 2009 at 5:14 PM
7
Everyone knows why copyright lasts so long in America, because corporations shell out huge amount of cash and gifts in lobbying to get it that way.
Walt Disney Company will never allow their stuff to go public domain. They'll fight it to the death.
Posted by Urgutha Forka on January 5, 2009 at 5:42 PM
8
You know what I'd like now, is a Popeye/Zorro crossover (pirates, c'mon!) where somebody sings Hava Nagila."
Posted by Alicia on January 5, 2009 at 6:29 PM
9
Why make us watch one of the crap "Brutus" Popeyes when there are so many great Thimble Theater ones?
Posted by The Jeep Fades Away on January 6, 2009 at 10:53 AM

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