Are Lovecraft's writings in public domain; Cthulu names free to use?

Turanil · Jan 3, 2005

Well it's a legal question. I put it in this forum because I don't know where else it could belong...

Once ago, I heard that Lovecraft's writing were now in the public domain. So my three questions are:

1) Is this true? Are Lovecraft's stories in the public domain; hence could I be a publisher and publish them for my own benefit?

2) Is it possible to use the various names created by Lovecraft? I mean, could I write and publish my own stories involving the Necronomicon, Cthulhu, the Great Race of Yith, etc.?

3) Can I write a game supplement featuring creatures and magical items, spells, etc. using the names invented by Lovecraft? I mean, for example can I create stats and description for a Mi-Go race for the d20 game (that would have nothing to do with the existing Call of Cthulhu d20 game)?

I would be glad to know the legal answer to that. Thanks.

(My purpose? Create some Elder Things, Great Race of Yith, Mi-Go stats for d20 for a supplement that could be sold or at least freely distributed, but not infringing upon copyrights)

Crothian · Jan 3, 2005

Considering that Call of Chuthulu is a game and the books are still being published, and Wizards had to liscense the works at least to some degree to make their d20 book of it; I'd say no you can't.

TerraDave · Jan 3, 2005

Yes

Crothian said:
Considering that Call of Chuthulu is a game and the books are still being published, and Wizards had to liscense the works at least to some degree to make their d20 book of it; I'd say no you can't.

I actually think they are public domain and you can use Chuthulu and other Lovecraft stuff.

I have seen this in a few places, including from Monte Cook, coauthor of CoC D20, who refers to it in the context of a gaming product.

The legal issue is not plagerising other parts of CoC (D20 or not). So refrences to, say, Delta Green, are probably out

MrFilthyIke · Jan 3, 2005

From what I've heard the people holding the rights to HPL have extended it in some legal manner, I'd ask at Yog-Sothoth. The folks there are well versed in HPL stuff

LiKral · Jan 3, 2005

According to http://www.hplovecraft.com/writings/fiction/cc.htm

Cthulhu is still copyright. If it was not, I think the Gutenberg library would have the stories.

However, Lovecraft concieved of the mythos as a shared world, and many authors have written in that world. I wonder how you would get permission to do this?

mythusmage · Jan 3, 2005

Lovecraft was part of a community of writers, most of whom met through the magazine, Weird Tales and corresponded through the mail. It was very much like the RPG community of today. Howard would often incorporate bits and pieces of the work of others in his, and they would return the favor. It was all very informal, at no time did the subject of shared worlds ever come up.

The man most responsible for making the Cthulhu Mythos a shared world was August Derleth. A Lovecraft fan who did some Cthulhu fanfic and was subsequently invited into Lovecraft's circle of friends. August brought others with him, and encouraged them to do Mythos tales of their own. The more so with Howard's death of pancreatic cancer. As a matter of fact, much of what we think of as core Mythos were his creation.

You could think of August as the Cthulhu Mythos' Saul of Tarsus to Howard's Jesus of Nazareth.

The story of copyright in America and around the world is a long tale of connivance, influence peddling, and skullduggery. The Disney people play a big role, but are not the sole actors in the drama. Were the relevant laws of Howard's time still in place, then his stories would be in the public domain. As it stands, we have to wait until about the middle of this century, unless the laws change again.

Hope this helps.

jaerdaph · Jan 3, 2005

Blackmask Online has 8 Lovecraft works now in the public domain for free download. I saw stuff like The Festival, Herbert West: Reanimator and The Horror at Red Hook, but I they don't have The Call of Cthulhu up.

http://www.blackmask.com

Search for "Lovecraft".

Turanil · Jan 3, 2005

MrFilthyIke said:
From what I've heard the people holding the rights to HPL have extended it in some legal manner, I'd ask at Yog-Sothoth. The folks there are well versed in HPL stuff

Thanks for the suggestion. I will see their answers...

BOZ · Jan 3, 2005

it was still not available in the 70s when TSR tried to use it.

it could have become available since then, but i doubt it.

Keeper of Secrets · Jan 4, 2005

As a copyright lawyer, I know the rule is 75 years after the death of the author anyone can use it. But this number keeps getting extended due to the fact that Disney wants to extend it all the time (hmm, if only Walt WAS put in suspended animation they would be set).

Lovecraft is a different matter. I am not sure what the status on his work is because the Mythos seemed to be shared so much by so many people that simply using the name may or may not get you into trouble. But like so many things best not to chance it unless you get permission or you get some sweet lawyers.