'Cause I Eats My Spinach...

[Fred C]

Nice job, Bob! Happy New Year to you, too!

[handrawn]

be careful with posting the original Bob - that may not be out of copyright - it does not follow that an instance of the character's use is out of copyright just because the character is...

you should be ok with your excellent interpretation though - just so long as you don't go infringing King Features, or whoever it is actually owns the original,'s rights

[iamtheblues]

Thanks for that, Steve. I've taken the original down just in case.
Saludos,
Bob.

[Soquili]

Happy New Year Bob.

I like Popeye.

[-=Drifter=-]

A friend of mine LOVES Popeye and has a tremendous collection of anything Popeye-ish.

I emailed him your post and here is what he replied:

Yes this is true, but only in Europe apparently. In the states, the public domain thing doesn't kick in for 95 years which would be 2024. It's hard to believe King Features Syndicate hasn't found a way of protecting it's product - they've been extremely litigious in the past. Whoever (whomever?) posted this, mentioned E.C.Segar, but posted a Popeye comic book cover drawn by Bud Sagendorf. Bud took over for Segar after he died of leukemia in 1938.

Sagendorf s**ked. The character wasn't his to change.

[georgetroy]

Fine drawing showing a cartoon character of the old school, before Manga.

[handrawn]

correct about the US angle - the 70 year is EU law

use of the Popeye character in new work in the EU is fine - with the exception of using it in connection with spinach as this is a trade mark issue apparently. That may well have to be tested in court if it occurs since this is the first time this kind of character copyright has lapsed [my sources tell me]

plenty of non-manga stuff around still, but a lot of it [like manga] not necessarily in English

[RTK]

Here is the times online Popeye article: http://entertainment.timesonline.co....cle5415854.ece

From the article:

The Popeye trademark, a separate entity to Segar's authorial copyright, is owned by King Features, a subsidiary of the Hearst Corporation — the US entertainment giant — which is expected to protect its brand aggressively.

Mark Owen, an intellectual property specialist at the law firm Harbottle & Lewis, said: “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.”

What they are saying is that the original drawings are in public domain - the character of Popeye is not. The character is also a Trademark and as such, it never expires.

Popeye is a yearly 1.5 billion dollar industry... All kinds of things will get contested in court when money of that magnitude is on the line.

Still, businesses tapping in to these old drawings could make a lot of money.

Happy New Year!

Risto

[handrawn]

If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.”

Risto

Yep - thats what will eventually be tested in court - how far does a trade mark stretch? - I'm betting the EU and the US will have differing views