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Popeye Will be an Interesting Test Subject

With Popeye going into the public domain in the European Union (still 2024 for the United States) tomorrow, copyright-wise, it will be interesting to see how the situation will be handled with regards to trademark protections.

You can bet there are a lot of companies looking at this situation with keen eyes to see how it will go down.

20 Comments

Looking forward for the “Metabarons vs. Popeye” team up! :p

Which, by the way, was written by a Chilean writer and drawn by an Argentinian penciller!

(I’m talking about the Saga of the Metabarons, of course! sorry for the mess Brian :$)

Can’t wait for Mr. Eye to get the “Grim N’ Gritty”. Garth Ennis, anyone?

Ah, legal Popeye “adult entertainment”. Finally!

Does the copyright pertain to just Popeye or to all of the characters in the Popeye universe?

I’m presuming the former, but I have no idea when Olive Oyl, Bluto, and the rest first appeared.

Most of the characters predated Popeye, Ian.

“Does the copyright pertain to just Popeye or to all of the characters in the Popeye universe?”

Popeye is entering public domain in Europe because it’s been 70 years since E.C. Segar passed away. So I think anything else created by Segar will become public domain as well.

How about… POPEYE AND TINTIN?? ;) Oh, excuse me, “THE SAILOR MAN AND TINTIN!” (The TRADEMARK is still not public!) :P

That’s the problem. The trademark on Popeye is still in effect so you can make anything you want with the original art but you just can’t call it “Popeye.” You would have to sell it as “Segar’s Spinach Eating Sailor” or something like that.

The TRADEMARK is still not public!

Isn’t that also only applicable in the country in which it is licensed?

I mean, who holds the trademark in Europe?

Doesn’t this mean that technically anyone can dig out old Popeye cartoons, reprint them on better paper and sell them without having to pay ANYONE for the privilege?

From the article:
“However, British intellectual property experts draw a distinction between copyright and trademark, the latter of which, with respect to Popeye, is still owned by King Features. Attorney Mark Owen told the Telegraph, “The Segar drawings are out of copyright, so anyone could put those on T-shirts, posters and cards and create a thriving business. If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.””

So, basically, if you wanted to reprint the old stories, you’d have to have Olive shouting “Help! Help P____!”
Weird…

No, Tim, the interiors of the book can have Popeye (and all of the other characters)’s name used – just not on the cover of the book or in any advertisements for the book.

Isn’t that the reason the Gasoline Alley compilations are being called “Walt & Skeesix”? Because that stuff is in public domain but the syndicate still retains the “Gasoline Alley” trademark?

Best,
Hunter (Pedro Bouça)

That sounds about right, Pedro.

And since we are talking about it, even with all the copyright extensions, Katzenjammer Kids must have went into public domain LONG ago, isn’t it? Yet it’s still published normally. Public domain is not the bogeyman that the copyright lobby says it is…

Best,
Hunter (Pedro Bouça)

Thanks for the clarification, Pedro and Brian! That makes more sense.. sort of..

Basically the content cannot be marketed using the trademark with permission, but the content can include use of the trademark? I’m really not being snarky, just trying to get my head round something that some lawyers get paid millions to understand…

And give it four years and it’s going to get worse! :-(

Actualy, Rudolph Dirks died in 1968, so the Katzenjammer Kids will fall in PD in 2038 in Europe

Olive Oyl predated Popeye in the Thimble Theatre strip by a good 10 years, but Bluto was created a few years after Popeye, to give him someone to fight.

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