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When A. Milne's beloved classic short-story collection Winnie-the-Pooh entered the public domain on Jan. Have an idea for a sequel to the original book? Go for it. Milne's original text, and the characters it features, are free to use. Thanks to copyright term extensions over the years, Disney still owns the rights for Milne's books and characters published after — including Tigger — as well as later materials published by the company using Milne's characters.
Lengthy copyright terms in the U. Critics like Hiltzik and legal scholars say that copyright creep — the lengthening of copyright terms over the past several decades — does little to protect individual creators while limiting access to cultural artifacts, particularly those that may not have the prominence of Winnie the Pooh.
Milne's Winnie-the-Pooh was protected by copyright for 95 years from its publication date in But works in the U. The term can vary still depending on if the work was authored by a corporate entity. In the U. The Copyright Term Extension Act of has been critically nicknamed the Mickey Mouse Protection Act for extending the term from life plus 50 years, to 70 years. Under those rules, Steamboat Willie, the Disney short where Mickey Mouse first appeared, will enter the public domain in , meaning that interpretation of the company's most iconic character will be up for reuse.
While some, including Hiltzik, believe that Disney could once again make a case to extend copyright as a result, Jennifer Jenkins, director of the Center for the Study of the Public Domain at Duke University in North Carolina, is skeptical.
In Canada, copyright extends 50 years past an author's death. That means Winnie-the-Pooh actually entered the public domain in Canada in But under the Canada-U. The Center for the Study of the Public Domain warns that as a result of long copyright terms, cultural works are being lost — historic films are disintegrating before they can be digitized, for example — with little, if any, economic benefit to the rights holders.
Rowling's grandkid or great grandkids, good for you … Harry Potter is probably going to be in the subset. But copyright isn't the whole story. Trademark registrations can still limit how a work — even if it's in the public domain — is used.
When it comes to Winnie the Pooh, Disney holds trademarks for a variety of commercial uses of the franchise. That means while an author could rewrite Milne's original collection of short stories with their own twist, it must be distinct from Disney's interpretation of the characters and franchise. Furthermore, Disney holds trademarks for the use of Winnie-the-Pooh on things like clothing and even theme park rides — a boon for merchandising. The owner of a small theme park can't simply name their bear-themed merry-go-round after Winnie the Pooh, for example.
That means even in the absence of copyright, there are plenty of avenues for companies, like Disney, to exploit money-making characters for economic gain. Pseudonyms will no longer be permitted. By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines.
Comments are welcome while open. We reserve the right to close comments at any time. Join the conversation Create account. Already have an account? How Winnie-the-Pooh highlights flaws in U. Day 6 How Winnie-the-Pooh highlights flaws in U. But with Disney still owning trademarks associated with the character, there are limits to how creators and companies can use it.
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