The news is out that beloved sailor Popeye became part of the public domain in the EU on January 1, 2009.  Before folks start scrambling to start reproducing Popeye t-shirts, posters, films and cartoon strips, we need to take a look at exactly what has become public domain.

January 1 of each year more creative works become part of the public domain because copyright protection for the work expired. 

In the EU copyright protection extends for the life of the author plus 70 years.  The Popeye character first appeared in comic strips in 1929 and in film in 1933.  Elzie Segar, the Illinois artist who created Popeye, died in 1938.  With Mr. Segar’s death in 1938, the term of copyright for his Popeye, Olive Oil and other characters expired December 31, 2008 in the EU.

Because of extension of the copyright term in the United States, Mr. Segar’s work is still protected.  In the United States the copyright term is generally life of the author plus 70 years for works created, registered or published on or after January 1, 1978.   If the work was created and published or registered prior to January 1, 1978 (such as Segar’s Popeye) and any necessary renewals were filed, the copyright term is for a total of 95 years from the year in which copyright was secured for the work.  The US Copyright law will protect Popeye until 2024.

So, this brings us back to the original question, what exactly “fell” into the public domain.  First, the public domain works will only include those original works created by Segar.  Any third-party derivatives based upon the characters have not become public domain.  Those Popeye films and cartoons that were created as a derivative of the Popeye character are not available for the public to use without permission or without providing compensation.

If you are in the EU and want to draw and create your own version of Popeye, you can, but you need to be aware of a few things.  First, your work needs to be original and not based upon any of the derivative works that are still under copyright protection.  Second, there are still valid and existing trademarks for the word POPEYE and for the POPEYE and the gang images.  If you want to try and use POPEYE as a brand or source identifier, you will still need to secure permission from the trademark owner, which in this case is Hearst Holdings, Inc.

By taking a look at The Wonderful Wizard of Oz, we can compare how an original work can be in the public domain, but derivatives of the work are still protected by copyright.  L. Frank Baum first published the classic children’s book The Wonderful Wizard of Oz in 1900.  In the US any works published prior to 1923 are in the public domain.  The 1939 movie The Wizard of Oz is still under copyright along with the 1985 film Return to Oz, and also the book Wicked: The Life and Times of the Wicked Witch of the West – which is the basis for the Broadway musical Wicked.

I could start today on writing a book or play or TV show based upon Mr. Baum’s original book and would not need permission or owe any royalties.  There would be a different story to tell if I based my new work on the movie version The Wizard of Oz or on the musical Wicked.  (As a side note, I saw Wicked in New York this weekend.  It was wonderful.  The folks in line behind me were wondering why it did not include any of the songs from the 1939 film version.  Now you understand why, the 1939 version is still protected by copyright and not in the public domain).