Public Domain Day 2022(web.law.duke.edu) |
Public Domain Day 2022(web.law.duke.edu) |
What will enter the public domain in 2022 - https://news.ycombinator.com/item?id=29420667 - Dec 2021 (230 comments)
All sound recordings prior to 1923 will enter the US public domain in 2022 - https://news.ycombinator.com/item?id=29473177 - Dec 2021 (228 comments)
A similar thing happened with Sherlock Holmes, where there was a window where you could use Sherlock and his early cases, but you couldn't use details like Watson getting married because the later books were still protected (we might still be in that window, I don't know the publication dates off the top of my head).
If you make/sell a Winnie the Pooh bear and Disney sues they can't make the claim that they own the copyright to it (anymore). What they could claim is that it's a trademark of theirs but that protection doesn't necessarily trump the fact that WtP is public domain now. So the courts will have to decide if trademarks can overrule works derived from the pubic domain.
Legally speaking I don't think that makes any sense. It feels like it's the equivalent of trying to get a trademark on a common word or phrase which you can do (in theory) but it has to be severely limited in scope and trying to litigate it is basically wishful thinking.
If I’m wrong, it’ll be an interesting precedent for when the first Mickey Mouse cartoon, “Steamboat Willie,” enters the public domain in 2024.