Instead, the copyright to The Wizard of Oz, is owned by its producer, the classic film studio MGM. The law considers the film a “derivative work” of the original book.
It creates an interesting legal situation when a film is still protected by copyright but the story that it is based on is not. What this basically means to anyone trying to adapt the book into a movie or play is that you need to avoid inspiration from the Judy Garland version (to the best of your abilities).
If you are going to use the 1939 version as your inspiration, you are going to need permission from MGM studios, and good luck getting that. Put more simply, there is no evidence that one would be able to visualize the distinctive details of, for example, Clark Gable’s performance before watching the movie Gone with the Wind, even if one had read the book beforehand.
One lawyer, Aaron Moss, opined that the court's decision was recognizing conventional wisdom when it came to the audience's attachment to a film: The court's statement that the film copyrights cover 'all visual depictions' of the characters recognizes that there is often a quintessential version of a literary character that exists in the public's mind as a result of a popular film adaption.
Such a conundrum faces adaptors of The Wizard of Oz due to the copyrightable nature of the 1939 film. This means that if you’d like to draw and sell a photo of the Tin Man from The Wizard of Oz, you can draw him similar to or an exact replica of the Tin Man from the original children’s book.
Notwithstanding its legality, drawing an exact replica of the book’s character can result in MGM suing you. Please don’t let this discourage you from using The Wizard of Oz in your work or allowing it to influence you.
Because The Wizard of Oz and its subsequent books are such beloved works and have been in the public domain for quite a while, there is a rich selection of books written by different writers other than L. Frank Baum that use characters from The Wonderful Wizard of Oz as well as the same setting. When you purchase a DVD or rent a movie, you're allowed to view the film in the privacy of your own home with your family and friends.
Some schools and libraries already pay an annual license fee to cover these usages; to find out if one is nearby, you can contact Swank at 1-800-876-5577. The movie is shown in the course of face-to-face teaching activities of a non-profit education institution, in a classroom, or a similar place devoted to instruction (such as a studio, workshop, gymnasium, library, or auditorium).
Don't just show The Wizard of Oz to entertain the kids: make it an educational experience. The Wizard of Oz wouldn't make sense in an algebra class, but it may work for another subject, i.e.: film, English, history, or sociology.
We also offer competitive full fee legal services on a selective basis. The copyright status of The Wizard of Oz and related works is complicated for several reasons.
There have also been multiple adaptations across many media, which enjoy different kinds of copyright protection. Barring another extension of copyright terms, all the Famous Forty will be in the public domain by 2059.
The first two books written by Ruth Glumly Thompson, The Royal Book of Oz (published in 1921) and Kabul in Oz (published 1922), entered the public domain 75 years later (1997 and 1998, respectively) pursuant to the Copyright Act of 1976. Neill's heirs renewed the copyrights, so these books will not enter the public domain until 2036 through 2038, pursuant to the 95-year term.
However, for all works that were published posthumously after 1977, the law treats them as if the author died no sooner than 1977. The Sonny Bono Act upheld this, but increased the term to seventy years after the author's death.
Since it was published after 1977, it will remain copyrighted for seventy years after the author's death. Cosgrove died in 1998, so The Wicked Witch of Oz will enter public domain in 2069.
The McGraw' canonical book, Merry Go Round in Oz, was published in 1963. Lauren McGraw is still alive, so The Forbidden Fountain of Oz will enter the public domain seventy years after her death.
Eloise McGraw wrote The Undertone of Oz by herself, and it was published posthumously in 2001. All other Oz books (except the special cases listed below) are still copyrighted under the current laws of 70 years after authors death.
Alexander Volkov's six Oz books were published in the Soviet Union, so they are subject to Russian copyright law. However, Volvo's books are mostly original sequels to The Wizard of the Emerald City, so whether they are infringing or not is difficult to say.
Barely any of the elements from later Oz books are featured in Volvo's works, so most likely they were not infringing. The Soviet Union did not have until 1973, when it joined the 1971 Paris version of the Universal Copyright Convention.
This meant that when The Secret of the Deserted Castle was published in 1982, it was automatically copyrighted in the United States. The copyright lasts for seventy years after the author's death in Russia, as of a 2004 amendment.
Volvo's works received faithful and legitimate English translations by Peter Keystone in 1991, 1993, and 2007. March Lauder infringed on both American and Russian Oz writers, though he never saw any repercussions because his works were not considered significant enough to fight.
He collaborated with Chris Durable to release an English translation of The Yellow Fog in 1986. Recently, they went after potential merchandise for 2013's Legends of Oz : Dorothy's Return.
In a landmark case, WB v. AVILA (2011), the US Eighth Circuit ruled that any visual depictions and aspects of characters in public domain developed solely for copyrighted movies are under copyright protection. The ruby slippers had become so iconic due to the MGM movie, Disney paid handsomely for the rights to use them.
The 2013 film Oz the Great and Powerful was technically a prequel to the 1939 movie, but it was not allowed to be considered as such. The filmmakers had to toe a fine line between calling the film to mind but not infringing on it.
To that end, they had a copyright expert on set to ensure that no infringement occurred. While WB and Disney did not engage in a copyright battle, they did file rival trademarks.
One week later, WB filed its own trademark for “The Great and Powerful Oz.” The Wicked Witch of the West is one of the most iconic villains of modern times.
However, the iconic version of the Wicked Witch is Margaret Hamilton's portrayal in the 1939 movie, which is copyrighted. All of these names are protected under copyright as part of their respective works, which means new creators have to keep coming up with their own version.
There are similar issues regarding portrayals of the Wicked Witch of the East, but she is not as prevalent in the public conscious as her Western sister. “Catalog of Copyright Entries 1966-1969 Motion Pictures” ^ Stacie Lay, “Warner Bros.
Oscar Zoroaster Paris Isaac Norman Henkel Emmanuel Ambrose Riggs was born in Omaha, the son of a politician. He went to work as a ventriloquist for the Bail um & Barney's Great Consolidated Shows, going up in a hot air balloon to draw crowds to the circus, using only his first two initials (since the rest spell “pinhead”).
He lived in fear of the four witches who ruled each quadrant of Oz, so he shut himself away and depended upon his reputation as a powerful wizard to protect him. The Wizard appeared to Dorothy as a giant head, to the Scarecrow as a beautiful fairy, to the Tin Woodman as a terrible beast, and to the Cowardly Lion as a ball of fire.
There, they discovered that Oz was a humbug who had used a lot of elaborate magic tricks and props to make himself seem “great and powerful.” The Wizard, tired of being a humbug and having to hide away from his subjects, planned to grant Dorothy's request by escaping Oz with her in a hot air balloon.
He appointed the Scarecrow to rule in his absence, but when the time came, the Wizard and his balloon floated away, accident leaving Dorothy behind. After demonstrating his power by producing Nine Tiny Piglets, the Wizard was challenged by Gig, the local sorcerer, and Oz sliced the Manga boo in half.
The Manga boos forced the companions to leave their country, so the travelers journeyed through the Valley of Vote, the Land of Naught, and a den of Dragonflies before reaching a dead end. When Linda, The Good Witch of the South learned that the Wizard was to become a permanent resident of the Emerald City, she began to teach him magic so that he would not remain a humbug.