Popeye the Sailor Man, one of the most iconic cartoon characters of all time, has become public domain. This means that anyone can now freely use the Popeye character and associated elements without needing permission or paying royalties. But why did Popeye enter the public domain in the first place? Let’s take a look at the history and legal status of this classic character to understand why he is now free for anyone to use.
When was Popeye created?
Popeye first appeared in the comic strip Thimble Theatre, which was created by E.C. Segar and first published in 1919. Popeye was not originally part of the strip – he made his first appearance in 1929 as a one-time character. However, he quickly became a fan favorite and was made a regular cast member of Thimble Theatre within the year.
Segar continued to produce Thimble Theatre and the Popeye character until his death in 1938. After he passed, control of the Popeye character and comic strip went to King Features Syndicate. They hired other artists and writers to continue producing new Popeye comics, beginning what is known as the “comic strip era” of Popeye that ran from 1938 to 1956.
When did Popeye cartoons first appear?
In addition to the comic strips, Popeye was rapidly adapted into an animated cartoon character. The earliest Popeye cartoon was released in 1933, produced by Fleischer Studios and simply titled Popeye the Sailor. Paramount Pictures took over the production of Popeye cartoons in 1942 after acquiring Fleischer Studios.
These classic Popeye cartoons proved tremendously popular during what is known as the “golden age of animation”. Popeye appeared in over 200 short cartoons during this time. The cartoons featured Popeye, Olive Oyl, Bluto, and other characters getting into various adventures and misadventures.
What was the last year of new Popeye work before entering public domain?
The last year that any new, copyrighted Popeye material was produced was 1956 for the comic strip and 1957 for the animated cartoons. Specifically:
- The Popeye comic strip ended in 1956 when King Features Syndicate stopped producing new strips.
- The final original theatrical Popeye cartoon was released in 1957, titled Spree Lunch.
After 1957, the only new Popeye works were things like comic book reprints and uses of the character in merchandising. No new original Popeye stories or cartoons were created until later works that intentionally put Popeye back under copyright.
What is the original copyright length for Popeye?
The original Popeye comic strips and cartoons were subject to the copyright laws in place at the time of their creation. For works produced in the early 20th century, this meant a copyright term of 56 years.
Specifically:
- The original Popeye comic strips were eligible for a first copyright term of 28 years from publication.
- This could be renewed for another 28 years after the first term expired.
- The original Popeye animated cartoons were granted a single copyright term of 56 years from first publication.
This meant a total possible copyright duration of 56 years. Once the copyright expired after this term, the works would enter the public domain.
When did the Popeye copyright start expiring?
Based on the 56 year copyright term, the earliest Popeye works began entering the public domain in the mid 1980s. Specifically:
- The original Popeye comic strips started expiring 56 years after their first publication date, beginning in 1979.
- The original Popeye animated cartoons started expiring 56 years after their theatrical release date, beginning in 1985.
This means the very earliest Popeye comics and cartoons started becoming public domain works over 35 years ago. However, the copyright expiration happened slowly over many decades as each individual work reached the 56 year mark.
What is the impact of copyright term extensions?
In 1978, copyright terms in the U.S. were significantly extended with the Copyright Act of 1976. This added an additional 20 years to the copyright duration of works that were still under copyright at that time.
This changed the math for Popeye. Works that would have expired 56 years after publication were now eligible for a copyright term of 76 years (56 years plus 20 year extension) from the publication date.
As a result, Popeye works did not fully enter the public domain until much later than originally expected due to these term extensions. The last Popeye comics and cartoons remained under copyright until 1996-2004, adding about 20 extra years of protection.
Why is Popeye now fully in the public domain?
The key events that led to Popeye entering the public domain are:
- No new Popeye material was created after 1957, stopping the copyright term clock.
- The term extensions in 1978 added 20 years to any Popeye works not already expired.
- The original 56 or 76 year terms have now expired on all early Popeye works.
This means that all of the original Popeye comics and cartoons published before 1957 are now in the public domain due to expiration of the original or extended copyright terms. Since no new material was produced for decades, the entire classic Popeye franchise is now fully public domain.
What Popeye elements are public domain?
With the entire original Popeye franchise in the public domain, this means that the following key elements can be freely used without permission or royalties:
- The Popeye character itself
- Associated characters like Olive Oyl, Bluto, Wimpy, etc.
- The Popeye comic strips by E.C. Segar
- Classic Popeye animated cartoons
- The general Popeye universe, settings, story elements, etc.
Essentially anything from the original Popeye works before 1957 now belongs to the public under current copyright law.
Can Popeye be copyrighted again?
While the original Popeye franchise is public domain, new Popeye works can still be individually copyrighted. Since the original material is in the public domain, anyone can create new Popeye stories, cartoons, merchandise, etc.
But these specific new works would be under standard copyright that expires 95 years after publication. So only the original public domain Popeye material can be freely used – newer material still has to be individually licensed until their own copyrights eventually expire.
When did Popeye re-enter copyright?
Some key dates when new Popeye material became copyrighted include:
- 1978 – Hanna-Barbera produced new Popeye animated series for TV
- 1980 – Robert Altman released Popeye live action film
- 1987 – First issue of new Popeye comic series published by Marvel Comics
- Various – Merchandising with new Popeye designs and stories
These new works brought Popeye back under copyright temporarily. But after 95 years, even these versions will eventually expire and revert to public domain status.
What are the consequences of Popeye being public domain?
There are several important consequences now that the original Popeye works are firmly in the public domain:
- Anyone can create new stories, films, merchandise using the Popeye characters and universe without permission, royalties, or crediting the original creator.
- Comic publishers can reprint and sell classic Popeye comics strips without paying syndication fees.
- Filmmakers can use footage and music from the old Popeye cartoons freely in their projects.
- Artists can sell merchandise featuring Popeye’s likeness without a license.
- Popeye essentially now belongs to the public at large rather than any corporation.
Overall, the expiration of Popeye’s copyright opens up countless opportunities for creative re-use, adaptation, and monetization of this iconic character by anyone.
What are some examples of public domain Popeye use?
Some examples of how artists, companies, and other creators have utilized public domain Popeye include:
- Documentary films like I Yam What I Yam that chronicle the history of Popeye using footage from the old cartoons without needing permission.
- Updated Popeye comic books published by Fantagraphics Books featuring classic comic strips.
- Popeye action figures, toys, apparel, and other merchandise containing his likeness.
- Art prints, pins, patches, and other items featuring vintage Popeye artwork.
- Video games like Popeye: Rush for Spinach that feature the character in new adventures.
- Webcomics and fan art sharing creative portrayals and stories with the Popeye characters.
As these examples show, creators are able to tap into the appeal of this classic American pop culture icon by utilizing the public domain status of the early Popeye works.
Does Popeye have any remaining copyright protections?
While the core Popeye franchise is now in the public domain, there are a couple residual areas still under copyright:
- As mentioned, any new Popeye works since 1978 are still under individual copyright.
- Certain Popeye film prints may contain copyrighted restored footage, requiring permission for re-use.
- The Popeye brand name and trademarks are still owned by King Features subsidiary Hearst Holdings.
- Use of Popeye’s likeness in some contexts may require a license from Hearst.
So while the original creative material is free to use, the Popeye name itself still has some restrictions. But the underlying characters, stories, and cartoons are firmly public domain.
Conclusion
Popeye has become public domain due to the expiration of copyright protection on all the original comics and cartoons. No new Popeye material for decades allowed the copyright terms to run out. Extensions slightly delayed when Popeye entered the public domain, but those have now lapsed as well. This grants full public access to reuse this classic American cartoon icon in new creative works.