Lovecraft in Public Domain?

Brown Jenkin · Sep 17, 2008

Raven Crowking said:
Careful there. In North America at least, copyright exists as soon as something is put into a fixed form, even if no copyright notification is attached. Registration is required to pursue legal action, but it can take place after infringement.

Not a lawyer, not legal advice, but this is my understanding on the basis of dealing with copyright issues as a writer/research on the same.

RC

That is true currently. Anything before 1923 is in public domain as all time limits have expired. However anything published from 1923-1963 had to be registered and periodically renewed. If it was not registered in the first place or properly renewed it passed into public domain (That is how allot of those $1 DVDs of old B movies are available). Then from 1964-1977 works still had to be registered and renewed at least one time. It was in 1978 that the current law was enacted and things were automatically copyrighted and no renewals are necessary.

Raven Crowking · Sep 17, 2008

Brown Jenkin said:
That is true currently. Anything before 1923 is in public domain as all time limits have expired. However anything published from 1923-1963 had to be registered and periodically renewed. If it was not registered in the first place or properly renewed it passed into public domain (That is how allot of those $1 DVDs of old B movies are available). Then from 1964-1977 works still had to be registered and renewed at least one time. It was in 1978 that the current law was enacted and things were automatically copyrighted and no renewals are necessary.

Cool. Thanks.

RC

malraux · Sep 17, 2008

occam said:
Now that is a restaurant I'd rather not visit.

On second thought... the menu looks rather... compelling....

[Yakov Smirnoff]In America, you order food. In Cthulhu restaurant, the food orders you.[/Yakov Smirnoff]

Desdichado · Sep 17, 2008

Why are you asking? Just curiousity, or are you trying to publish something?

I'm already working something up for NaNoWriMo (that ideally I'd like to sell someday), and I'm name-dropping a few Lovecraftian references here and there, but that's as far as I was willing to go. Even then, I deliberately spelled them differently, mostly. Sorta like when wonder through weird tales fiction and you see Cthulhu, Clulu, Clooloo, Cighulu, Cathulu, Kutulu, Q’thulu, Ktulu, Kthulhut, Kulhu, Thu Thu, and who knows whatever else.

Of course, you could always Brian Lumley it; very Lovecraftian stories where he essentially created his own Great Old Ones and monsters from scratch rather than using Lovecraft's own.

S'mon · Sep 17, 2008

Raven Crowking said:
Careful there. In North America at least, copyright exists as soon as something is put into a fixed form, even if no copyright notification is attached. Registration is required to pursue legal action, but it can take place after infringement.

Not a lawyer, not legal advice, but this is my understanding on the basis of dealing with copyright issues as a writer/research on the same.

RC

Yeah, well, I am an (academic) copyright lawyer.

Back in the 20s & 30s you had to register your copyright. It's different now.

teitan · Sep 18, 2008

Brown Jenkin said:
Trademark never expires .

Demonstrably not true. Take Kleenex as an example. Kleenex was the name of the company that produced the most popular tissue paper. It became a generic term and whe the Kleenex corporation challenged a company for referring to their tissues as Kleenexes they lost their trademark as it had transitioned into general usage.

Also, the example of Captain Marvel/Shazam. Originally Fawcett Publications owned the trademark to the name Captain Marvel, Mary Marvel etc. Fawcett never went out of business (they still exist) but they ceased publishing comics after legal pressures from DC Comics/National Periodical Publications in the early 1950s. The trademarks lapsed and were picked up by Marvel Comics in the mid sixties for their Captain Mar-vell/Marvel character. Marvel has continuously published some form of a Captain Marvel book in order to retain the trademark and DC, who bought the original characters from Fawcett, has to call their book Shazam.

Another example is the British Hero Marvelman/Miracleman. Marvel was able to force Alan Moore and Dez Skinn to change the name of the character in America because of trademark expiration issues. Marvel now owns the Marvelman trademark for a very minor character. Occasionally you will see an obscure character advertised prominently on a cover and this is the maintain the trademark.

Basically if Chaosium allows the term "Call of Cthulhu" to become a general usage term, then they CAN lose the trademark.

Brown Jenkin · Sep 18, 2008

teitan said:
Demonstrably not true. Take Kleenex as an example. Kleenex was the name of the company that produced the most popular tissue paper. It became a generic term and whe the Kleenex corporation challenged a company for referring to their tissues as Kleenexes they lost their trademark as it had transitioned into general usage.

Also, the example of Captain Marvel/Shazam. Originally Fawcett Publications owned the trademark to the name Captain Marvel, Mary Marvel etc. Fawcett never went out of business (they still exist) but they ceased publishing comics after legal pressures from DC Comics/National Periodical Publications in the early 1950s. The trademarks lapsed and were picked up by Marvel Comics in the mid sixties for their Captain Mar-vell/Marvel character. Marvel has continuously published some form of a Captain Marvel book in order to retain the trademark and DC, who bought the original characters from Fawcett, has to call their book Shazam.

Another example is the British Hero Marvelman/Miracleman. Marvel was able to force Alan Moore and Dez Skinn to change the name of the character in America because of trademark expiration issues. Marvel now owns the Marvelman trademark for a very minor character. Occasionally you will see an obscure character advertised prominently on a cover and this is the maintain the trademark.

Basically if Chaosium allows the term "Call of Cthulhu" to become a general usage term, then they CAN lose the trademark.

True. But my point still stands as well. Trademark does not expire, but it does require maintence or it can be lost. As long as a company vigorously maintains it there is no expiration based on the duration from its inception.

Esteban · Sep 18, 2008

Hobo said:
Why are you asking? Just curiousity, or are you trying to publish something?

Actually, yes I am interested in publishing something, though I'm really just interested in using certain creatures and references. The project would not focus on the Mythos.

Thanks to everyone who responded, btw.

-Steve

Raven Crowking · Sep 19, 2008

Fork, fork, forkity, fork-a-mundo (a word I don't think I've ever used before, and hopefully shall never use again!):

http://www.enworld.org/forum/genera...orked-thread-pull-out-quotes.html#post4472771

Lovecraft in Public Domain?

Brown Jenkin

First Post

Raven Crowking

First Post

malraux

First Post

Desdichado

Hero

S'mon

Legend

teitan

Legend

Brown Jenkin

First Post

Esteban

Explorer

Raven Crowking

First Post

Similar Threads