Peter Pan

Peter Pan is a fictional character created by J. M. Barrie, and the name of a stage play, a children's book, and various adaptations of them. The character is a little boy who refuses to grow up, and spends his time having magical adventures.

Copyright status

The copyright status of Peter Pan varies from one jurisdiction to another, and is disputed in at least one of them. The question is complicated somewhat by the various versions in which the story has been published. For example, elements introduced in the earliest versions of the story by Barrie may be in public domain in a given jurisdiction, but elements introduced in later editions or adaptations might not. For example, Disney holds the copyright for the character designs, songs, etc. introduced in the 1953 animated film, but not for the characters themselves.

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European Union

Great Ormond Street Hospital (to which Barrie assigned the copyright as a gift before his death) claims full copyright in the European Union until the end of 2007. In the 1990s, the term of copyrights was standardised throughout the EU (see Directive on harmonising the term of copyright protection) to extend 70 years after the creator's death. Although Peter Pan was considered public domain in some jurisdictions at that time, this provision placed it back under copyright protection.

Related Topics:
Great Ormond Street Hospital - European Union - 2007 - Directive on harmonising the term of copyright protection - Public domain

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United Kingdom

The U.K. copyright for Peter Pan originally expired at the end of 1987 (50 years after Barrie's death), but was reestablished through 2007 by the European Union directive. Additionally, in 1988 the government had enacted a perpetual extension of some of the rights to the work, entitling the hospital to royalties for any performance or publication of the work. This is not a true perpetual copyright, however, as it does not grant the hospital creative control nor the right to refuse permission. Nor does it cover the Peter Pan sections of The Little White Bird, which pre-dates the play. The exact phrasing is in section 301 of the Copyright, Designs and Patents Act 1988:

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301. The provisions of Schedule 6 have effect for conferring on trustees for the benefit of the Hospital for Sick Children, Great Ormond Street, London, a right to a royalty in respect of the public performance, commercial publication, broadcasting or inclusion in a cable programme service of the play 'Peter Pan' by Sir James Matthew Barrie, or of any adaptation of that work, notwithstanding that copyright in the work expired on 31 December 1987. (http://www.legislation.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_28.htm#sdiv6)

Related Topics:
31 December - 1987

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United States

The conversion of U.S. copyright terms from a fixed number of years following publication, to an extending number of years following the creator's death, has introduced confusion over Peter Pan's copyright status. Great Ormond Street Hospital claims that U.S. legislation effective in 1978 and again in 1998 extended their copyright until 2023. Their claim is based on the copyright for the play script for Peter Pan, which was not published until 1928. By then, the character of Peter Pan had appeared in three previously published books, the copyrights of which have since expired.

Related Topics:
U.S. legislation effective in 1978 - Again in 1998 - 2023

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GOSH's claim is contested by various parties, including Disney, who had cooperated with the hospital previously, but in 2004 published Dave Barry's and Ridley Pearson's Peter and the Starcatchers without permission or royalty payments. The Library of Congress catalog states that the original edition of Peter and Wendy was published in 1911, and Disney asserts that that material, like any other work published before 1923, was already in the public domain at the time of these extensions, and was therefore ineligible to be extended.

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A dispute between the hospital and writer J.E. Somma over the U.S. publication of her sequel After the Rain, was settled out of court in March 2005. GOSH and Somma issued a joint statement which characterized her novel as "fair use" of the hospital's "U.S. intellectual property rights". Their confidential settlement does not set any legal precedent, however. http://cyberlaw.stanford.edu/about/cases/emily_somma_v_gosh_peter_.shtml

Related Topics:
2005 - Fair use

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Other jurisdictions

The original versions of Peter Pan are in the public domain in Australia and in Canada (where Somma's book was first published without incident).

Related Topics:
Australia - Canada

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