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Bristol Post
Bristol Post
World
Ellie Kendall

Winnie the Pooh and Bambi enter Public Domain as copyright expires

Copyright is a funny thing, as one day it just runs out and leaves works created decades ago out in the public domain.

Every year, on January 1, certain copyrighted works lose what is called their "protected status" and enter the Public Domain, meaning anyone can use such works as raw material for their own creations (without the worry of facing a lawsuit for doing so).

Famous examples of work in the Public Domain, which have been remade and retold on countless occasions are the works of both William Shakespeare and Jane Austen - their expired copyright is the reason why we've witnessed a zombie version of Pride and Prejudice, Star Trek Klingons reciting Hamlet and an abundance of films based on stories told by these icons of English literature.

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Just think of teen rom-com '10 Things I Hate About You', which came out in 1999 and starred the late Heath Ledger and Julia Stiles - this is basically a retelling of Shakespeare's 'The Taming of the Shrew'.

Even Disney's 'The Lion King' (1994) is a reimagining of 'Hamlet' - we bet you didn't know that, did you?

Then, of course, there's movies like 'Romeo + Juliet' (1996) starring Leonardo DiCaprio and Claire Danes which is, well, an adaptation of the play of the same name.

And 'Shakespeare in Love' (1998) which isn't an adaptation but rather a fictionalised account of Shakespeare's life while writing 'Romeo and Juliet' - talk about cheeky.

Last year, one of the biggest titles to enter Public Domain was F. Scott Fitzgerald's novel, The Great Gatsby. So what has entered Public Domain in 2022 and how will it impact some of our much loved characters, novels and music?

We've compiled a list of some works entering Public Domain this year, across Europe, the US and the rest of the world. How many do you recognise?

Books

  • Dynamite: The Story of Class Violence in America - Louis Adamic (1931)
  • My Mortal Enemy - Willa Cather (1926)
  • The Murder of Roger Ackroyd - Agatha Christie (1926)
  • Magnificent Obsession - Lloyd C. Douglas (1929)
  • The Moral Obligation to be Intelligent - John Erskine (1915)
  • Soldiers' Pay - William Faulkner (1926)
  • Show Boat - Edna Ferber (1926)
  • Ralph 124C 41+ - Hugo Gernsback (1911)
  • The Sun Also Rises - Ernest Hemingway (1926)
  • The Weary Blues - Langston Hughes (1926)
  • The Castle - Franz Kafka
  • The Seven Pillars of Wisdom by T.E. Lawrence (1926)
  • It Can't Happen Here - Sinclair Lewis (1935)
  • Main Street - Sinclair Lewis (1920)
  • Notes on Democracy - H.L.Mencken (1926)
  • Bambi, A Life in the Woods - Felix Salten (1923)
  • Winnie-the-Pooh - A.A. Milne, decorations by E.H. Shephard (1926)
  • Mutiny on the Bounty - Charles Nordhoff and James Norman Hall (1932)
  • Enough Rope - Dorothy Parker (1926)
  • The Benson Murder Case - S.S. Van Dine (1926)

Films

  • Don Juan (1926) - written by Walter Anthony, Maude Fulton and Victor Vance with screenplay by Bess Meredyth
  • Battling Butler (1926) - written by Al Boasberg, Lex Neal, Charles Smith and Paul Gerard Smith & directed by Buster Keaton
  • Nanook of the North (1922) - written and directed by Robert J. Flaherty
  • Faust - written by Hans Kyser and directed by F.W. Murnau
  • The Winning of Barbara Worth (1926) - written by France Marion, based on the novel by Harold Bell Wright
  • The Son of the Sheik (1926) - written by Frances Marion, Fred de Gresac and George Marion Jr.
  • For Heaven's Sake (1926) - directed by Sam Taylor

Songs

  • Ivor Novello - Keep the Home Fires Burning (1914)
  • George Henry Powell - Pack Up Your Troubles in Your Old Kit-Bag (1915)
  • Paula von Preradovic - Land Der Berge, Land am Strome (the National anthem of Austria) (1946)
  • Maria Grever - What a Diff'rence a Day Makes (1934)
  • Herman Hupfield - As Time Goes By/Let's Put Out the Lights (and Go to Sleep) (1931) & (1932) respectively - 'As Time Goes By' became famous when it was featured in the 1942 film 'Casablanca'.
  • Mamie Smith and Her Jazz Hounds - That Thing Called Love (1921)
  • Roy Turk and Lou Handman - Are You Lonesome Tonight? (1926)
  • Al Jolson - Swanee (1920)
  • Irving Berlin - Gentlemen Prefer Blondes
  • Harry M. Woods - When the Red, Red Robin (Comes Bob, Bob, Bobbin' Along) (1926)
  • Charles E. King - Ke Kali Nei Aua (Hawaiian Wedding Song) (1926)
  • George Gershwin and Ira Gershwin - Someone to Watch Over Me (1926)

What it means for Disney

An illustration of Disney's version of Winnie the Pooh (Publicity Picture)

Disney acquired the rights to the Winnie-the-Pooh books and their characters from A.A. Milne's estate back in 1961 and the characters are among some of the most lucrative in Disney's catalogue.

According to insidethemagic.net, Winnie the Pooh is among the most valuable media franchises in the world and stands neck-and-neck with Mickey Mouse in the way of revenue.

Now that Winnie the Pooh has entered Public Domain, however, Disney won't be able to sue anyone that uses Milne's original Winnie-the-Pooh stories as inspiration, adapting the character for new projects or original creative works.

This goes, too, for the original line drawings from the book, by E.H. Shepard.

According to insidethemagic, "Disney can, however, go after anyone that tries to use Disney’s version of Winnie the Pooh and the trademarked characters it created based on Milne’s stories. The House of Mouse also maintains the rights to Milne’s books and characters created after 1926, including Tigger, who first appeared in 1928."

Tigger's copyright will not expire until 2024, as he made his debut in "The House on Pooh Corner" and none other than Mickey Mouse himself will also enter Public Domain in the same year, with the first depiction of the famous black and white mouse appearing in the 1928 short cartoon "Steamboat Willie".

But the likes of Pooh, Christopher Robin, Owl, Eeyore, Rabbit, Kanga and Roo are in Public Domain now.

Although, you probably won't be able to use Disney-Pooh's signature look - Stephen Slesinger (American producer) bought merchandising rights in the US and Canada for Pooh and began creating toys and board games, later designing a plush toy of the fictional bear wearing a red t-shirt, which Slesinger's widow licensed to Disney after his death.

Copyright lengths vary from country to country

A work will enter the public domain in Europe 70 years after its creator's death if it was published during their lifetime, with the exception of Belarus (which is Life +50 years) and Spain (which is Life + 80 years for creators who died before 1987).

If it was unpublished, those who publish it will first retain the publication rights for 25 years.

Generally speaking, literary, dramatic, musical or artistic works will have copyright up until the end of the period 70 years from the end of the year in which the author dies.

If the work is of unknown authorship, according to BurnessPaull, copyright will expire at the end of the period 70 years from the end of the year in which the work was created.

If work was made available to the public during that period, then copyright will expire 70 years from the end of the year in which it was first made available.

Peter Pan

One work that acts as a notable exception to all these rules is J.M. Barrie's Peter Pan - the copyright of which technically expired in 1987 (50 years after Barrie's death).

Prime Minister Lord Callaghan amended copyright legislation to give Great Ormond Street Hospital a right to royalties in perpetuity for any performance, publication or broadcast of the play, as well as any adaptation of the play performed in the UK.

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