QUESTION
What is the copyright status of Peter Pan - particularly as it pertains the United States of America?
Asked on Jan 31st, 2014 on Intellectual Property - Texas
More details to this question:
I am wanting to tell a story through interactive entertainment (a video game) using the universe and characters portrayed in J.M. Barrie's Peter Pan novel. The game would not be free - I would intend to put it up for sale. I am wondering if the copyright status of Peter Pan would prevent me from doing this (without having to pay royalties or risk having legal action taken against me). I would like to know what the copyright limits (if anything). The story would likely be entirely different, but I would like to use the characters, setting, and universe of the novel.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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J.M. Barrie's works containing Peter Pan are no longer under copyright protection. Works created and published before 1928 had a shorter copyright life than works created today.
Peter Pan works that have come from Disney are under copyright protection. To the extent that Disney contributions have modified elements of Peter Pan or the story, they own copyrights in those modifications. If you create a Peter Pan anything, you will garner the interest of Disney and I expect they will look to see what if any elements of their contributions have been taken by you, giving them grounds for an action.
I would also look into any trademarks Disney may own relating to Peter Pan and, particularly, video games.
Answered on Feb 25th, 2014 at 10:23 AM