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Credit: DisneyIn just a few days, a huge number of iconic books, plays, movies, and fictional characters from 1928 will enter the public domain in the United States, including The Man Who Laughs (the film that directly inspired the DC Comics character the Joker), the Steamboat Willie version of Mickey Mouse, and the original version of Peter Pan.
While the pirate-fighting, flying eternal child may not have originally been a Disney creation, the character is indelibly associated with the 1953 animated film adaptation, raising the possibility that the company might begin to utilize the character more prominently now that it has less risk of copyright infringement. In recent years, its version of Peter Pan has been somewhat sidelined, but a copyright expiration could seriously bring him back to the fore.
Peter Pan; or, the Boy Who Wouldn’t Grow Up, the original stage play in which J.M. Barrie’s character originated, will soon become part of the United States public domain, but has already been extensively adapted, particularly by Disney.
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The animated Peter Pan was deeply influenced by a performance of the play that Walt Disney had attended, to the point that he personally attempted to contact Maude Adams, who portrayed the title character, to ask for her approval. Reportedly, she declined, to his disappointment. A silent movie adaptation of Peter Pan in 1924 is also an acknowledged influence on the Disney film, particularly in its special effects depiction of Tinker Bell (portrayed by Virginia Brown Faire).
Thus, much like how the Steamboat Willie version of Mickey Mouse that is entering the public domain and technically can be used by anyone (though Disney’s lawyers will doubtlessly make that as difficult as possible) is not exactly the Mickey that most people envision, the Peter Pan that becomes public domain on January 1 is not the Disney one, either. In fact, Disney will almost certainly assert its legal ownership over any aspects of the character that it originated after the play goes into the public domain if any individuals or companies attempt to use it.
The original stage play was not published in the United States until 1928, despite debuting in London in 2004 (per The Smithsonian). The Peter Pan IP actually has a very complex copyright status; Barrie willed the rights to the Great Ormond Street Hospital (GOSH), which the U.K. Parliament confirmed in perpetuity in 1988.
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Since then, the GOSH has frequently attempted to legally assert its perpetual copyright to the entire concept of Peter Pan (rather than just the play or the 1911 novel Peter and Wendy), Disney has already published several sequel novels to its Peter Pan film adaptation without credited permission. While the company may be highly litigious regarding any of its own intellectual property, it has extensively mined the public domain since its first feature film, Snow White and the Seven Dwarfs (1937).
Soon, the most primal versions of both Peter Pan and Mickey Mouse will technically become available for use. But no matter what, Disney will probably find a way to keep a hold on both.
Do you think Disney will use Peter Pan more now that the play is losing its copyright status? Let’s hear your thoughts in the comments below!