January 2009
He’s Popeye the Sailor Man;
His copyright’s in the can;
But he has trade marks;
To fend off the brand sharks;
He’s Popeye the Sailor Man! (URRH URRRRRRRRH!)
The copyright in the UK for the cartoon character Popeye expired at the end of 2008. Copyright protection for artistic works in the UK lasts for a period of 70 years from the end of the year in which the creator of the work died. The creator of Popeye, Elzie Segar, died at the age of 43 at the height of his character’s Popeye-ularity in 1938, triggering the expiration of UK copyright protection for his most famous creation.
The expiry of the copyright does not, however, present quite the opportunity it would seem for those hoping to exploit the character without permission. King Features Syndicate Inc, a US corporation, owns significant trade marks relating to the Popeye brand. Whilst there may be some possibility of challenging the validity of these trade marks on the basis that they describe a characteristic of goods and services to which they relate (particularly where they relate to books and entertainment products featuring Popeye), the success of such a challenge would be far from guaranteed and it is most likely that the owners of the marks would act vigorously to protect their trade marks.
Accordingly, even though the copyright has expired on the Popeye brand, it is clear that those who have an interest in the character have taken appropriate steps to ensure that it remains protected and thus a valuable asset to their business.
Briffa Comment:
The way in which the Popeye brand has been protected is a good example of how those who deal in brand and character properties should proceed with protecting their assets. Copyright, though clearly a highly valuable right for this type of property, lasts for a finite amount of time. So long as the trade mark is renewed, continually used and does not become generic, it can remain in force indefinitely. Whilst the validity of a trade mark may become questionable, it will always open up a second front against those who wish to use the character, especially when copyright expires. Accordingly, the lesson for those who own rights in characters is clear: rights in trade marks must be explored even where the property is protected by copyright.
For more information contact info@briffa.com