Wizards, Bears, and Millionaires in the Public Domain

In the era of remakes and sequels, it may seem like most movies and TV shows today are inspired by or adapted from a preexisting work. For example, the recent movie-musical Legally Blonde was inspired by the Broadway musical, which was inspired by the original Legally Blonde film. Copyright laws play a large role in the process of creating content with these ties. This article will explore how copyright protections apply to truly legendary works such as The Wizard of Oz, Winnie the Pooh, and The Great Gatsby; what happens when these protections no longer apply; and how the public domain can encourage new fans of older works.

What is Copyright Protection?
Copyright is a form of legal protection that safeguards intellectual property.¹[1]Copyright Protection, U.S. Copyright Office, https://www.copyright.gov/help/faq/faq-protect.html (last visited Sept. 27, 2024). Intellectual property is the product of one’s mind, including literary and artistic works, designs, names, and images, rather than real or physical property.²[2]About Intellectual Property, World Intellectual Property Organization, https://www.wipo.int/about-ip/en/ (last visited Sept. 26, 2024).. Novels, movies, and songs all fall into this category and are protected under copyright laws.³[3]Copyright Protection, supra note 1. Protection of a work is granted immediately once the work is physically expressed in forms such as a written work, a recording, a drawing, or a photograph.⁴[4]The Lifecycle of Copyright, U.S. Copyright Office, https://www.copyright.gov/history/copyright-exhibit/lifecycle/ (last visited Sept. 27, 2024).

The Copyright Act of 1976 established that works created during or after 1978 receive copyright protection for 70 years beyond the life of the author.⁵[5]Duration of Copyright, U.S. Copyright Office, https://www.copyright.gov/title17/92chap3.html (last visited Sept. 27, 2024) The Act also established that for anonymous works, pseudonymous works, and works made for hire, copyright protection lasts for 95 years from the year of first publication or 120 years from creation, whichever comes first.⁶[6]Id. These copyright timeframes begin at the moment the work is created, rather than when it is registered or published.⁷[7]Id. In 1998, the Copyright Term Extension Act, also known as the Sonny Bono Copyright Term Extension Act, extended the copyright term for works created prior to 1978 from 75 years to 95 years from the date it was originally copyrighted.⁸[8]Sonny Bono Copyright Term Extension Act, Pub. L. No. 105-298, 112 Stat. 2827 (1998)

What is the Public Domain?
Once the timeframe for copyright protection lapses and no longer applies, a work then enters the public domain.⁹[9]Barbara Ringer, Lifecycle of Copyright: 1928 Works in the Public Domain, Library of Congress. (Jan. 29, 2024), https://blogs.loc.gov/copyright/2024/01/lifecycle-of-copyright-1928-works-in-the-public-domain/#_edn1 Works in the public domain are free to use, adapt, copy, and serve as a basis for derivative works.¹⁰[10]Public Domain, Cornell University Library, https://guides.library.cornell.edu/copyright/publicdomain (last visited Sept. 27, 2024). Derivative works are new creations that are based on or incorporate preexisting works, such as reproductions or adaptations.¹¹[11]Limitation of Claim, U.S. Copyright Office, https://www.copyright.gov/eco/help-limitation.html#:~:text=A%20%E2%80%9Cderivative%20work%E2%80%9D%20is%20a,arrangement%20included%20in%20that%20work (last visited Sept. 27, 2024). Forms of derivative works that are frequently seen in mainstream culture include films based on books, stage performances adapting a short story, or musical arrangements that include melodies from another song.

As a notable example, a project with multiple derivative works is The Wonderful Wizard of Oz, a book written in 1900 by L. Frank Baum which entered the public domain in 1956.¹²[12]Lifecycle of Copyright, supra note 4. Aside from the 1939 film The Wizard of Oz, which is arguably the book’s most famous derivative work, other derivative works include The Wiz, a stage adaptation with an all-Black cast, and the 1995 novel Wicked, which inspired the Broadway musical and the upcoming film of the same name.¹³[13]Id.

From Copyright Protected to the Public Domain
In recent years, some recognizable works have entered the public domain and derivative works have already been created, given this new freedom to use them. Famous characters such as Winnie the Pooh and Mickey Mouse entered the public domain in 2022 and 2024, respectively. A 1926 story by A.A. Milne brought the character of Winnie the Pooh to life, and The Walt Disney Company then acquired the rights to the character in the 1960s, which granted them exclusive control over Winnie the Pooh until the copyright protection lapsed.¹⁴[14]MediaTalk; Disney Buys the Rights to Winnie the Pooh, N.Y. TIMES, (Mar. 5, 2001)
https://www.nytimes.com/2001/03/05/business/mediatalk-disney-buys-the-rights-to-winnie-the-pooh.html
Disney’s versions of the franchise and characters are still under their own copyright protections, but the original story and characters are free for use by the public.¹⁵[15]Temple University, Winnie-the-Pooh and Hundreds of Other Works Are Now Public Domain, (Jan. 24, 2022), https://news.temple.edu/news/2022-01-24/winnie-pooh-and-hundreds-other-works-are-now-public-domain In perhaps the greatest departure from Winnie the Pooh’s loveable reputation, a horror movie titled Winnie the Pooh: Blood and Honey has been released since Pooh entered the public domain. Additionally, another A.A. Milne story featuring the introduction of the character Tigger entered the public domain in 2024, clearing the way for Winnie the Pooh: Blood and Honey 2, which was released in March 2024 and includes the character of Tigger.¹⁶[16]Aaron Moss, Public Domain Day 2024 is Coming: Here’s What to Know, (Dec. 4, 2023), https://copyrightlately.com/public-domain-day-2024/

Along with Tigger, Mickey Mouse entered the public domain in 2024. The version of Mickey Mouse that entered the public domain is from a 1928 animated musical short called Steamboat Willie and is not the same Mickey most people know today. This version of Mickey Mouse is depicted in black and white with features that depart from his current and most famous look.¹⁷[17]Bryan Wheelock, Disney Copyright Expiration Spurs Trademark Questions, LAW360, https://www.law360.com/articles/1810295/disney-copyright-expiration-spurs-trademark-questions While Mickey is in the public domain in his Steamboat Willie form, any other versions of the character that have been created by The Walt Disney Company subsequent to the Steamboat Willie cartoon are still protected under Disney’s copyright.¹⁸[18]Id. These versions of the character will be entering the public domain for decades to come.¹⁹[19]Id.

Aside from popular characters, another work of note that recently entered the public domain is F. Scott Fitzgerald’s classic novel The Great Gatsby. The story was published in 1925 and entered the public domain in 2021.²⁰[20]Scott Simon, Opinion: The Great Gatsby’ Enters Public Domain But It Already Entered Our Hearts, (Jan. 2, 2021) https://www.npr.org/2021/01/02/952737126/opinion-the-great-gatsby-enters-public-domain-but-it-already-entered-our-hearts#:~:text=The%20copyright%20on%20F.,since%20sold%20nearly%2030%20million While Gatsby has been on the big screen multiple times since 1925, the Fitzgerald Estate held the exclusive rights.²¹[21] Lee Cowan, Public domain, where there is life after copyright, CBS NEWS (Apr. 14, 2024) https://www.cbsnews.com/news/public-domain-where-there-is-life-after-copyright/ This means that until 2021, approval from the Fitzgerald Estate was required for any productions of The Great Gatsby to move forward.²²[22]Id. Now that Gatsby has entered the public domain, it is clear that the public is eager to get its hands on this beloved story. In the summer of 2024, there were two theatrical productions inspired by The Great Gatsby performed on stage. One was at the American Repertory Theater in Cambridge, Massachusetts, and the other on Broadway in New York City, which is still running as of October 2024.²³[23]Andrew Zucker, How dueling ‘Great Gatsby’ musicals got the green light, WASH. POST., (June 19, 2024) https://www.washingtonpost.com/entertainment/theater/2024/06/19/great-gatsby-broadway/ Since the book has entered the public domain, these stage productions have been explored along with novels like Nick, Beautiful Little Fools, and The Chosen and the Beautiful, all inspired by the characters in Gatsby.²⁴[24]Cowan, supra note 20.

It is clear that once a work enters the public domain, especially when it features characters and stories as beloved and popular as the works mentioned, creative people will act. Some notable works entering the public domain in the future include Popeye the Sailor in 2025, Mary Poppins in 2030, and Superman in 2034. It awaits to be seen what interesting projects these works will inspire.

By: Emily Osgood

Emily Osgood is a 2026 J.D. Candidate at Brooklyn Law School.