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Using an established character in your story means you can jump right into the action instead of using page count on introducing the setting and characters.
A character isn't "established" if they were last seen 90 years ago and hardly anyone remembers them.

People were interested when Holmes entered the public domain, but no one cared about Doctor John Thorndyke.
 

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A character isn't "established" if they were last seen 90 years ago and hardly anyone remembers them.

People were interested when Holmes entered the public domain, but no one cared about Doctor John Thorndyke.
I get it, you're not in the market for Mickey Mouse stories, but that doesn't mean nobody is. It's a big world out there, and people have different preferences and experiences.
 

I get it, you're not in the market for Mickey Mouse stories, but that doesn't mean nobody is. It's a big world out there, and people have different preferences and experiences.
I would be in the market for a pulp action hero detective mouse though, and I suspect far more people would be interested in that (if good) than stories about a dull corporate mascot.
 

This could be interesting:


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Today the entertaiment industry would rather to bet for "shared universe". Even if MM was public domain, children would rather him with the rest of characters from Disney franchise.

For the renaise of Disney, other companies tried cartoons based in fairy tales, you know these are public domain, but these aren't very remembered. (But after this Disney chosen to bet for original characters, to avoid mockbusters).

I don't need the original franchise to make money if my product is enough good. For example Rastan is an arcade where the PC is a clon of Conan the barbarian, but nobody worries about this.

And even if Disney's lawyers could destroy everybody who dares to touch the character, they should show mercy or they would be causing a serious damage to be prestige of the franchise, and then they would lose a lot of "brand power".

Robin Hood is public domain, and we remember Errol Flynn, Kevin Costner... but who remember the version roleplayed by Sean Connery or Russel Crowd, or that movie where Uma Thurman as lady Mariam?

Even if it is allowed by law because a franchise becomes public domain, the audience doesn't want "mockbusters".


 

For the renaise of Disney, other companies tried cartoons based in fairy tales, you know these are public domain, but these aren't very remembered.
I was thinking about this myself. Snow White, Rapunzel, Cinderella etc are all public domain, not Disney characters, but they aren't exactly a licence to print money. They are only profitable because Disney makes them profitable.
 

Yep. And companies still sue people over violating the trademark of public domain works. Conan, for example, is public domain, yet the owners of the Conan trademark will sue you if you use the name. If you can afford to fight their lawyers, you might win. Otherwise trying to fight that battle will land you in the poor house. Being right doesn’t matter. You have to be able to afford to fight incredibly rich companies in court for years to prove you’re right. Welcome to the US legal system.

The abuse of the legal system by corporations where they use money to legally bury people who are in the legal right needs to end and be punished.
 


aco175

Legend
Should be 2034 in the U.S. (1938 U.S. publication + 95 years + 1). The complete Lord of the Rings trilogy will be public domain in the U.S. in 2052 (1956 U.S. publication of Return of the King + 95 years + 1).
So, this should be just in time for 7e to come out.
 


Mannahnin

Scion of Murgen (He/Him)
On they other hand, you could argue that people should come up with their own ideas, rather than rip off someone else's.
Whose? A dead guy's? The point of copyright is to protect an idea for long enough to let the creator make a decent profit off it. Not to permanently make an IDEA someone's property. Nevermind the property of other people who had no hand whatsoever in creating it. 🤷‍♂️
 

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