Ty,
You're hanging in the wrong place, all the Dudes are over at
REHinnercircle, there is almost NO traffic here. Didn't even realize
that it was still open.
Here's the deal. PotBC is indeed PD. That means you can create a
derivative work from it, your screenplay, no problem. BUT, CPI holds a
TRADEMARK in the name "CONAN" with regard to all sorts of stuff. Whether
it covers plays or not is an interesting question, but I know it covers
movies, so its pretty close.
That doesn't mean that they can somehow reclaim the copyrights
that way, they can't. Indeed, I'll be publishing that story along with
the rest of the Weird Tales Conan stories at some point in the next year
or two. Nor can they stop you from writing your screenplay, and getting
your own copyright on it. What it does affect is how your derivative
work is marketed. If you put CONAN in big letters at the top of the
poster, you'll likely get a nastygram, and maybe a valid one, from CPI.
If the word CONAN doesn't appear anywhere in your advertising materials,
then they have no basis to complain. Trademark law is all about how
things are presented to the buying public, what's on the label, or in
the advertisements, NOT what's inside.
If you'll look through one of my other Another Thoughts, you'll
see notes on CPI v. Mattel, including where the judge says the character
Conan is in the public domain. It's the trademark where CPI would try to
be a problem.
Paul Herman
Counsel, Intellectual Property Practice Group
Halliburton Energy Services, Inc.
-----Original Message-----
From: Tyrin Price [mailto:[EMAIL PROTECTED]
Sent: Monday, February 16, 2004 10:11 AM
To: REHFans
Subject: [rehfans] The People of the Black Circle and Copyrights
According to information in Paul Herman's "ANOTHER THOUGHT #4" the REH
tale "The People of the Black Circle" is in the public domain. Though I
am not a person of significance, I have decided to learn the ins and
outs of screenplay writing to adapt TPOTBC -- just to please myself.
This project has little chance of actually becoming a feature film, but
I can dream, right? :-)
With TPOTBC in the public domain it seems my project would not cause any
problems -- then I read about an organization called "Conan Properties,
International". How can they copyright REH's Conan character? Doesn't
copyright require "authorship"? Isn't their "CONAN THE BARBARIAN" a
derivative from REH?
I have sent CPI an email asking that question just a few minutes ago,
but I am hoping someone on this list can shed some light on this
copyright issue.
--
-=[Ty]=-
