You can listen to the complete podcast where Dori talks more about this here.

In this blog post, we explore the fascinating case study of the horror movie "Winnie the Pooh: Blood and Honey" and how its creators navigated the complex landscape of public domain and copyright law.

Understanding Public Domain and Copyright

"Winnie the Pooh" was originally created by author A.A. Milne in the 1920s, with illustrations by E.H. Shepard. Disney licensed the characters for animation in 1961. In 2022, the original books entered the public domain, allowing their content to be used freely. However, the Disney adaptations remain protected by copyright and trademark.

Public domain refers to works that are not copyrighted and are free for public use. Works can enter the public domain in several ways:

• Copyright Expiration: Over time, as laws change, works eventually lose their copyright protection.
• Failure to Renew: Under previous laws, failing to renew a copyright could move a work into the public domain.
• Non-compliance with Formalities: Not adhering to legal requirements could result in loss of copyright protection.
• Voluntary Release: Creators can choose to release their works into the public domain, as seen with open-source software and certain Creative Commons licenses.

Using public domain works offers significant advantages, such as avoiding licensing fees and gaining publicity through familiar names. However, there are pitfalls, particularly when distinguishing between public domain content and elements still protected by copyright or trademark.

The Case of "Winnie the Pooh: Blood and Honey"

"Winnie the Pooh: Blood and Honey" reimagines the beloved children's character in a horror setting. This film had to navigate the delicate balance of using public domain elements from A.A. Milne's original works while avoiding Disney's copyrighted and trademarked adaptations. Disney's versions include specific character portrayals, such as Tigger (introduced by Disney), the red shirt worn by Winnie, and the depiction of the Hundred Acre Wood.

Legal Considerations for Filmmakers

When using public domain works, filmmakers must carefully distinguish between what is freely available and what remains protected:

1. Review Public Domain Status: Thoroughly research the status of the work. This includes verifying original creation dates and understanding subsequent adaptations.
2. Avoid Protected Elements: Ensure your portrayal does not use specific elements introduced in later adaptations, such as Disney's character designs and traits.
3. Transformative Use: A transformative use, such as changing the genre from children's stories to horror, can strengthen the legal standing by adding new expression and meaning.
4. Clear Marketing: Clearly indicate that the film is an independent adaptation, not associated with trademark holders like Disney.

Conducting Effective Research

Conducting comprehensive research is crucial to avoid legal pitfalls:

• Online Resources: Utilize websites like Creative Commons and Google Books to verify public domain status and understand trademark protections.
• Consult Legal Experts: Always consult with an entertainment attorney to review your specific project before significant investments are made.

Resources for Filmmakers

Several tools and databases can aid in identifying public domain works and understanding trademark protections:

• Creative Commons: This platform focuses on works licensed for free use but also provides tools for identifying public domain content.
• Google Books: Offers access to scanned books, many of which are in the public domain, and allows users to check copyright status.
• Project Gutenberg: Provides a vast collection of public domain literary works.

Click here to Download my free Public Domain Research Resource to help you research and learn more about trademark protections.

Conclusion

The "Winnie the Pooh: Blood and Honey" case highlights the importance of understanding public domain, copyright, and trademark laws in filmmaking. While using public domain works can offer creative freedom and cost savings, filmmakers must navigate these waters carefully to avoid legal issues.

If you're working on a project involving public domain materials, ensure thorough research and legal consultation. For further assistance, download my free Research Resource List to help you navigate public domain works and trademark protections. Find out how you can work with me here.