Can’t wait til they try to renew their copyrights in 2024 - looking like the Mouse be up for grabs afore long
wrong again there dimwit......you just keep striking out with that motor mouth you have
Why Disney’s Remakes Don’t Extend Its Copyright
Disney has been on something of a remake/sequel frenzy as of late. Not only did it just release a live-action remake of
Dumbo, but,
according to Time Magazine, it has another 11 other sequels or remakes in the works.
While this spate of remakes has been met with a mixed reaction, i
t’s also become the source of something of a conspiracy theory. If you’ve been on Facebook, Twitter or elsewhere on social media, you’ve likely seen memes like this one.
This is a similar beat that
you can find on Twitter, Facebook and on virtually all social media.
The problem is that it’s completely untrue.
The release of a brand-new Dumbo film does absolutely nothing to impact the copyright term on the original 1941 film. Under the current law, that film is scheduled to enter the public domain on January 1, 2037.
That’s on January 1st the year following 95 years after its publication.
The remake doesn’t change that nor does it matter if Disney rereleases the film or releases an updated version of the original. That term remains the same.
For proof of this, you can look to a wide variety of public domain works and how they’re used in our society.
Copyright Protects Works, Not Ideas
The reason for this is that copyright affixes to a “original works of authorship fixed in any tangible medium of expression.” In short,
it applies to works and specifically precludes ideas, procedures, concepts, etc.
A new work can’t extend the copyright on an old work. If it did, Disney and other rightsholders would be constantly modifying and re-releasing new works based upon old ones to extend the clock. While it might seem like we’re in remake/remix/sequel hell, there would be much, much more of it if that were true.
While there have been some releases motivated by extending copyright, they’ve been about the individual works themselves. For example, in 2013
Bob Dylan’s label released a limited 50th Anniversary Collection so that the unreleased tracks would be counted as published, meaning they would be granted a longer copyright term in the European Union.
There’s simply no case where a new work extends the copyright on an old one.
What this means is that, barring a change in the law, on January 1, 2037 you’ll be able to make copies, distribute, sell, or create derivative works based on the original
Dumbo.
What you won’t be able to do is anything that exclusive to the new film. Any new character elements introduced will not be usable and you will not be able to make copies of it (outside the boundaries of fair use) without a license.
However, this doesn’t mean that copyright didn’t motivate the decision to do a remake in 2019.
First, with the work expiring in less than 20 years, Disney is running out of opportunities to use their exclusivity on the property. Especially if they want to do sequels or incorporate it in some kind of larger universe.
Second, there’s little doubt that Disney hoped that this version of the film would become the definitive version and that people who see it as the real one, a replacement for the 1941 film. That clearly hasn’t happened, but if it had, Disney might have been able to do something similar to Universal and find a new way to control the future of Dumbo the character even after the source material lapses.
However, that’s not the same as renewing or extending the copyright on the original work. That’s creating a new work with a new copyright term that is so popular it makes people forget about the original.
Judging from the reviews, that didn’t happen in this case. However, it doesn’t mean Disney, and other rightsholders, won’t try the same approach. Most likely, as more and more works march closer to the public domain, this is something we’ll be seeing a lot more of.
Bottom Line
Copyright and its term are affixed to a work, not an idea, a property or a series. You can’t extend the copyright of a previous work by publishing a new one, you just create a new work with a new term.
In other words........others may try to copy Disney works....but the originals....stay Disney.....Mickey moose....or funcky Duck....or anything similar.....is not the original