January 2003
Atlantic Battle to keep Peter Pan with the Children
A Canadian author, Emily Somma, has filed a lawsuit in America challenging the validity of the continuing copyright protection over Peter Pan in America.
This case has marked ramifications for Great Ormond Street Hospital who own all rights in the character following a legacy donated by author J M Barrie who was a governor of the renowned children's hospital. Upon his death in 1937 he bequeathed all rights in the character to them "in perpetuity". This will ensure that they retain full rights in Britain until 2007 and will then own limited rights as detailed below however abroad copyright laws standard to each individual country apply.
Ms Somma produced a book entitled "After the Rain: A New Adventure for Peter Pan" some years ago and was able to publish it in her native Canada by virtue of the less strict Canadian copyright laws which has already left all the celebrated Neverland characters in the public domain and free for use.
Briffa comment:
In the UK copyright generally protects literary works for 70 years after the death of the author. In America a 1998 Act entitled the Copyright Term Extension Act extended the then 50 year protection to be in line with the UK at 70 years.
Peter Pan is a very unusual case study in that a House of Lords decision deemed that although Peter Pan would not enjoy the privilege of full copyright forever and therefore couldn't prevent Ms Somma using the character, royalties would have to be paid on any use of the character by third parties. This royalty is decided by the Copyright Tribunal.
Ms Somma would therefore undoubtedly have to pay royalties to Great Ormond Street should she ever decide to publish her book in the UK.