Disney attempting to trademark a public domain?

[Typewriter]

I just read this article on Deadline Hollywood Daily. Apparently Disney is attempting to trademark the character Princess Aurora which is public domain, for all media uses. Any thoughts?

http://www.deadlinehollywooddaily.com/an-attempt-to-stop-the-disney-machine/

[sc111]

There's a great blog on public domain law. In the misconceptions section the blogger says this:


[/URL]5. If I republish or repackage a public domain work, I can claim copyright in it.

There is a limit to what you can copyright in this case. When you add your own stuff to a public domain work, only the stuff you add may be protected by copyright. And then only if it meets the law’s originality and creativity requirements.

It’s misleading to say that you can “protect your public domain project from being stolen, with full legal protection,” as I’ve seen one Internet marketing “guru” do. Why? Because the underlying work will always be in the public domain. If a work is in the public domain you cannot claim a copyright in it. If you made a CD or DVD (or whatever) from it ... so can others. Not only that, but they’re free to do a better job, or add more value, or sell their product for less. Period.

[URL]http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html#five (http://messageboard.donedealpro.com/boards/)

The underlined part indicates Disney cannot glom up all rights to this public domain character. Only the parts they created. Surely Disney lawyers know this.

I think Nikki Finke has made some assumptions here. Especially about any performance of Tchaikovsky ballet "The Sleeping Beauty," having to pay Disney.

[Typewriter]

Thanks for the additional info sc111. I guess Mrs. Nikki might be going overboard with her assumptions. I thought she was like an insider know-all or something.

[winter dreams]

"public domain" relates to copyright law. Copyright is different than trademark. Copyright relates to creative content. Trademark relates to the commercial use of words or phrases, among other things. Disney appears to be trying to protect their use of that name as it relates to the sale of goods.

[The White Album]

There's a great blog on public domain law. In the misconceptions section the blogger says this:


5. If I republish or repackage a public domain work, I can claim copyright in it.

There is a limit to what you can copyright in this case. When you add your own stuff to a public domain work, only the stuff you add may be protected by copyright. And then only if it meets the law’s originality and creativity requirements.

It’s misleading to say that you can “protect your public domain project from being stolen, with full legal protection,” as I’ve seen one Internet marketing “guru” do. Why? Because the underlying work will always be in the public domain. If a work is in the public domain you cannot claim a copyright in it. If you made a CD or DVD (or whatever) from it ... so can others. Not only that, but they’re free to do a better job, or add more value, or sell their product for less. Period.

http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html#five

The underlined part indicates Disney cannot glom up all rights to this public domain character. Only the parts they created. Surely Disney lawyers know this.

I think Nikki Finke has made some assumptions here. Especially about any performance of Tchaikovsky ballet "The Sleeping Beauty," having to pay Disney.

You're confusing the issue because, like Winter Dreams said, this is a trademark matter, not copywrite, which are two different things. Trademarks are done in different classes (i.e. movies, merchandising, printed material, etc). If Disney trademarks "Princess Aurora" in all classes and they are granted that trademark, then they get priority over how they sell that trademark in those classes. For example, if Disney owns the name "Princess Aurora" in class 16 (printed material), and they put out a series of children's books called "The Adventures of Princess Aurora", that doesn't mean no one can ever use the name or the words "Princess Aurora", they just can't use the name on their covers in an effort to sell their books. Trademarks were established so there would be no consumer confusion amongst competing products.