Not only are early incarnations of Mickey Mouse no longer covered by copyright, but as of 1 January last, neither is Popeye (King Features page | Popeye.com | wikipedia), at least in the EU. According to The Times:
Popeye the Sailor copyright free 70 years after Elzie Segar’s death
“I yam what I yam,” declared Popeye. And just what that is is likely to become less clear as the copyright expires on the character who generates about £1.5 billion in annual sales.
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 copyright expiry means that … 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. …
Elzie Segar is one of a number of authors whose work came out of copyright on 1 January last. However, in a similar story, The Telegraph warns
… the question of whether any 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 which is expected to protect its brand aggressively. …
Moreover, Likelihood of Confusion predicts that the US Congress might be persuaded yet again to extend that copyright period (though there must surely be limits to the US Supreme Court’s forbearance in this matter). In the meantime, as Techdirt (hat tip Peter Black) observes, “what happens with Popeye in the UK may be a rough guide as to what will happen should Mickey Mouse hit the public domain”.
Bonus link: An Informal Rant About [Copyright] Formalities (hat tip: Madisonian).
Hi, Eoin, and thanks for the link.
I am not so much predicting what Congress will do as snarkily suggesting that it appears willing to do anything the Money demands of it, especially in the area of copyright.
I don’t think the U.S. Supreme Court believes it has anything to forbear about. Do you see something in Eldred that suggests that this Court, or whatever Court is sitting when a future extension may be passed and at least starts with that opinion, believes there is a bright line as to the limits of how Congress may set copyright?
Hi Ron,
I’m not sure that there’s a bright line, it’s simply that I can’t imagine that the Court’s patience is limitless.
Eoin.
I’m gonna make my own spinach factory, here’s how we win against recession ;)
I am sure Popeye makes more money than any other simply because after 70+ years is still making children laugh…that’s a good longevity example…
Ron (and anyone else…)
What is there to say about protection through trademark laws? It seems as if almost every aspect of Popeye’s persona can be protected under trademark law (his drawings, sudden bulging of muscles upon consumption of spinach, his pipe, his quotes…).
It seems impossible for one to use any of the above mentioned ‘identifying and distinguishing’ marks in commerce without causing confusion, and thereby infringing upon the trademark….