Copyright Question?

[the_foxman]

Hi all, I'm new around here. Just wondering if anyone knew the legality of using the character of Dracula in a novel? It seems like it's public domain now, I just want to find the final word before I start with the book.

Thanks!

[CACTUSWENDY]

:Wha: ...........interesting question.....i would be interested in hearing the answer to that one....

:Jump: :Jump: :Jump: :Jump: :roll: :Jump: :Jump: :Jump: :Jump:

~~~~~~~~~~~Wendy~~~~~~~~

[arrowqueen]

I'm sure it is, wendy. Bram Stoker wrote it sometime on the 1890s. Should be out of copyright by this time!

Cheers,
aq

[triceretops]

I believe copyright expires 50 years after the author's death. Somebody back me up on this.

Triceratops

[James D. Macdonald]

I believe copyright expires 50 years after the author's death. Somebody back me up on this.

Triceratops

It's life+70 right now.

DATE OF WORK PROTECTED FROM TERM
Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2

Published before 1923 In public domain None

Published from 1923 - 63 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain

Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term

Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater

Created before 1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater




Term of joint works is measured by life of the longest-lived author.
Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405.

(Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)

Linked from here (http://www.unc.edu/%7Eunclng/public-d.htm).

[katdad]

Dracula is an historic person, It was the nickname for Vlad the Impaler. He really lived. So the name "Dracula" is in the public domain.

As for the novel, remember that when Murnau wanted to film Bram Stoker's novel "Dracula" he was unable to get copyright clearance from Stoker's widow. So Murnau simply changed the name to "Nosferatu" and went ahead.

But the Stoker novel "Dracula" is now in public domain, I think. Regardless, a printed copy of Dracula published, say, by Random House, would be copyright. That is, the text itself is copyright, so you would not be permitted to cut and paste.

But to use the character of Dracula in your book? Go for it.

[Maryn]

However, be aware that the film versions of many of our favorite 'monsters' are still protected by copyright.

Maryn, scaredy-cat about accidentally borrowing what she thought was free for the taking

[the_foxman]

Still a little confused. So is it safe to use the vampire Dracula in a new work of fiction? Or just the name Dracula?

[katdad]

Still a little confused. So is it safe to use the vampire Dracula in a new work of fiction? Or just the name Dracula?

I'm not an attorney so my opinion is worth zip, but I'm pretty sure that Bram Stoker's "Dracula" is now in the public domain.

Your question by the way is spot on. It was Stoker who connected the historic Vlad "Dracula" (dragon) with vampirism. Until that book, Dracula had never been known as a "vampire" entity. Stoker's genius was to connect the two.