4 ms·

You're conflating copyright and trademark, believing that the protections and terms offered in one transfer to the other. They don't.

by ABCLAW 9y ago

Aloha 9y ago
yes, the copyright for an individual work will - but not on the character itself. because the character has slowly evolved over time. The personality and words of the character are protected by copyright, based on the last work created with the character, the appearance is protected by both trademark and copyright. The protections overlap yes, but are not the same thing.
- incompatible 9y ago
  You can use the character as it appears in the public domain work, but not any copyrightable aspects that appear in works still in copyright. This situation already happened with Sherlock Holmes. https://www.theguardian.com/world/2013/dec/27/sherlock-holmes-copyright-ruling-public-domain https://www.theguardian.com/world/2013/dec/27/sherlock-holme...
  - Aloha 9y ago
    yes, that was the exact point that I was trying to make. At a minimum what we visually identify as mickey mouse wont leave copyright until, 2035 - but even then certain fundamentals of the character were not finalized until much later.
  - ABCLAW 9y ago
    "Copyrightable aspects" include elements present in the public domain work. These don't get retroactive coverage from the copyrighted elements of the series. Sherlock is public domain, despite being present in later works. The later developments/characters/stories/"aspects" are not. Copyright is not indefinite due to the series' continuation.
    - Aloha 9y ago
      I was making the point that elements of the character not established in the works coming into public domain, would remain under copyright, and that trademark would also lock the character up (for many specific uses) - but I did fuzz the point excessively. In the case of Mickey Mouse, this is a substantial part of the characters personality - most of which didnt come out until the successful shorts of the mid-30's.

You're conflating copyright and trademark, believing that the protections and terms offered in one transfer to the other. They don't.

by ABCLAW 9y ago

You're conflating copyright and trademark, believing that the protections and terms offered in one transfer to the other. They don't.

Aloha 9y ago

yes, the copyright for an individual work will - but not on the character itself. because the character has slowly evolved over time. The personality and words of the character are protected by copyright, based on the last work created with the character, the appearance is protected by both trademark and copyright. The protections overlap yes, but are not the same thing.

incompatible 9y ago
You can use the character as it appears in the public domain work, but not any copyrightable aspects that appear in works still in copyright. This situation already happened with Sherlock Holmes. https://www.theguardian.com/world/2013/dec/27/sherlock-holmes-copyright-ruling-public-domain https://www.theguardian.com/world/2013/dec/27/sherlock-holme...
- Aloha 9y ago
  yes, that was the exact point that I was trying to make. At a minimum what we visually identify as mickey mouse wont leave copyright until, 2035 - but even then certain fundamentals of the character were not finalized until much later.
- ABCLAW 9y ago
  "Copyrightable aspects" include elements present in the public domain work. These don't get retroactive coverage from the copyrighted elements of the series. Sherlock is public domain, despite being present in later works. The later developments/characters/stories/"aspects" are not. Copyright is not indefinite due to the series' continuation.
  - Aloha 9y ago
    I was making the point that elements of the character not established in the works coming into public domain, would remain under copyright, and that trademark would also lock the character up (for many specific uses) - but I did fuzz the point excessively. In the case of Mickey Mouse, this is a substantial part of the characters personality - most of which didnt come out until the successful shorts of the mid-30's.