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[deleted] OP t1_je8sev5 wrote

This is because JM Barrie gifted Peter Pan's rights to Great Ormond Street Hospital.

The copyright expired in 1987, and a new law was introduced in 1988 to ensure that the rights to Peter Pan can never expire in the UK. Basically, Peter Pan will never enter the public domain in the UK.

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Mammoth-Mud-9609 t1_je98nvc wrote

The NHS directly funds the day to day operations, but the hospital also carries out a lot of research in the Biomedical Research Centre some of this is funded by the National Institute for Health Research and some via donations.

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Stigweird85 t1_je9gdx5 wrote

You can thank Disney for this - but not for good reason. Traditionally any versions of Peter Pan should pay a fee to GOSH but Disney being Disney argued that because JM Barrie didn't explicitly state that GOSH should benefit from media types that didn't exists at the time that they didn't have to pay.

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processedmeat t1_je9p8xr wrote

Seems there is a 1 year gap where pan was in the public domain. Could I make a Peter pan story based on the characters in the gap and be in the clear or was the law retroactively applied?

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MagicBez t1_je9udhe wrote

You can just do what people like Dave Barry did with Peter and the Starcatchers and declare your work a "reinterpretation" and then you don't have to pay any royalties to Great Ormond Street

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Stigweird85 t1_je9v1f0 wrote

Pulled from my arse

https://edition.cnn.com/2004/SHOWBIZ/books/10/13/peter.pan/

Even on GOSH own website they distinguished that the copyright applies in the UK only.

Disney got a lot of bad press for not honoring the tradition - it's a childrens hospital for crying out loud maybe it occurred prior to the new partnership in 2008 but I remember reading that despite owning Peter Pan that GOSH didn't get royalties on DVD sales or merchandise since these concepts didn't exist at the time. - A wide held belief at the time was this is why there was such a push on Tinkerbell and the fairies since they were somewhat original IPs created by Disney

I would be curious if Disney intend to pay anything for the new Peter Pan and Wendy film. Pan is out of copyright but you can't argue that GOSH shouldn't get something

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zerbey t1_jea3oje wrote

GOSH is a fantastic hospital, they deserve it.

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looktowindward t1_jea76m5 wrote

A wonderful and worthy cause, but a terrible law.

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argv_minus_one t1_jea91rq wrote

If only they did that for Mickey Mouse in the States instead of screwing up copyright for everyone.

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RealisticCommentBot t1_jeaa7lh wrote

because I don't think infinite copyright is a good thing. If there was an infinite copyright on shakespear to fund something that would suck because shakepear couldn't be used and entwined throughout our culture the way that his work currently is.

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floridawhiteguy t1_jeaada2 wrote

Which is extraordinarily bad law.

Carving out exceptions for favoritism violates the spirit and intent of the law: specifically, an even playing field.

But IMHO it's no surprise that a Constitutional Monarchy elected (pun intended) to illegally bypass prior constitutional law in order to favor a tiny minority. Par for the course in UK history and politics: Fuck the public good to serve an entitlement which should have died off centuries ago.

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ElCactosa t1_jeacewc wrote

The entitlement of a children's hospital?

Your sentiment on this is unbelievably baffling.

Can you explain how the monarchy (who had nothing to do with the amendment to the act) or the Prime Minister who proposed it had anything to gain by suggesting the changes?

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tweda4 t1_jeaeaqk wrote

"what? The government is supporting a children's hospital with a patent to a children's story!? ARGH DAMN YOU BIG GOVERNMENT! WHEN WILL YOUR TYRANNY END?!" /s

shit man, I hope you missed an /s in your comment lol. The spirit of the law is to be Just (something that laws so often fail to be), and you know what, I consider this to be a pretty Just result.

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panzerfan t1_jeafmjx wrote

Are You perchance trying to irritate us by intentionally mimicking Shakespeare as you creatively misspell the name into 'Shakespear'? This whole storm in a teacup with perpetual copyright exception perhaps irks you as this misspelling would to some of us.

Quite the jab.

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DoctorGuvnor t1_jeag5za wrote

The royalties bit only actually applies to the UK performances, so when I directed a production here in Australia we donated what would have been the royalties to the Perth Childrens' Hospital as a thank you and to show respect to the author's wishes.

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s1eve_mcdichae1 t1_jeao8bk wrote

Could you have done? Do you have a time machine that you're going to go back and publish it in 1987?

Or do you just think it's okay to publish an unauthorized Mickey Mouse cartoon today, as long as it is set before 1928?

I don't get what you think the loophole is, here.

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oswaldluckyrabbiy t1_jeaq9ns wrote

Not quite true. Steamboat Willie isn't set to enter public domain until Jan 2024.

Disney has been using the likeness of Mickey in Steamboat Willie as the logo for Walt Disney Animation since Tangled in 2010 with the goal of establishing trademark for that version of Mickey.

They have been using red-pants Mickey as part of the logo of The Walt Disney Company since (I think) the 50's so their case there is stronger.

They are hoping between the two that any other style of depicting Mickey Mouse will be close enough to create 'brand confusion' with one of the versions and hence be able to be litigated against.

Not guaranteed to work but Disney has one of the best legal teams.

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neryen t1_jearc1l wrote

They can release it in the UK, and have previously, just fine. The hospital sold the rights for movie adaptations to Paramount pictures, who then sold it to Disney in the 1930s. They likely pay royalties to the hospital.

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JamesMayOwnsMySoul t1_jeat4qj wrote

One of the big Pantomime companies in the UK now only does "the further adventures of Peter Pan" rather than adapt the original story to avoid paying GOSH.

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No_more_hiding t1_jeau4ch wrote

It's literally a world-class hospital that has pioneered many treatments, including operating on a baby with spina bifida in the womb and curing a child of Leukaemia using gene edited T-cells.

The amount of good this hospital does, on a global scale, is unparalleled.

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Halvus_I t1_jeauc9h wrote

And if my profession was charities, i might agree, but its not. I deal with the long-reaching ramifications of IP on a day to day basis. The government shouldn't be carving out the public domain, regardless of how well-intentioned..All copyright should pass, without exception.

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No_more_hiding t1_jeazz0p wrote

It's not stealing from the public domain, it is following the author's wish for an exceptional good cause that benefits the entire world by pioneering treatment for sick children.

Dont try and impose your every man for himself selfish culture on everyone else, it's not even your government. The rest of the world doesnt follow Republican politics and it benefits greatly from it.

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Halvus_I t1_jeb0lru wrote

All i will say is you are dead wrong about my politics.

The author's wish does not override their duty to the public domain. Copyright is a social bargain, its not fair to break it, no matter how noble the cause. They had their copyright, its over.

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No_more_hiding t1_jeb1o3x wrote

I'd agree with you if this was the patent for insulin or something but it's the rights to a story about lost children. There is room in this world to maintain a little nuance and keep hold of a kind hearted tradition for a good cause. No one is going to die or starve because it's not in the public domain.

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StickyPLOP t1_jebcprt wrote

I imagine the new movie is going to take funds from the hospital then.

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LordOfTrubbish t1_jebrznw wrote

Again, it would be nice to have all that without resorting to misusing copyright law. I'm sure there are other children's charities who would benefit from being able to perform a classic children's tale as well, as intended by copyright laws being limited in the first place.

That said, it would still certainly be a great tradition for those who can afford to donate, to continue to do so when they do use Peter Pan. I just don't like government misusing it's powers to fund things it should be properly looking after in the first place.

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enchantedsleeper t1_jeby9yw wrote

Iirc it's just for performances of the stage play, so you don't have to seek GOSH's permission if you want to, for example, publish a book.

Although there is also an "official" sequel to Peter Pan which was authorised by GOSH, called Peter Pan in Scarlet.

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CandidateDecent1391 t1_jec3z4y wrote

maybe. accounts like yours are advertised for a few hundred bucks or more. no idea if people buy at that price or not.

more often than not though it's a coordinated scam or astroturfing network without direct person-to-person sales, i would imagine

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SterUp228 t1_jeci5mo wrote

There was a contest to see who could write a follow up to Peter Pan where the proceeds would also go to that same hospital. I believe it's called Peter Pan in Scarlett or something like that.

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Gareth79 t1_jecmk8h wrote

Copyright itself is government interfering with the rights for people to do certain things which are in themselves harmless. What IS unfair is carving out the law to benefit a specific charity.

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mobilehobo t1_jedew0g wrote

I would of thought he meant probably one of the better funded legal teams in corporate America, as well as one that seems to be on top of their stuff for how quickly they act on potential copyright infringement.

Examples like this whole current thing with desantis vs Disney world in Florida if you look at some of the details, their legal team knows their stuff. At the very least anecdotally.

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Hattix t1_jedhjy9 wrote

The gap wasn't that small.

The law in question, the Copyright, Designs, and Patents Act 1988 has a provision which applies to specifically;

"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."

Not any derivative work. Not its predecessor, Little White Bird. Not even the 1924 novel "Peter Pan , or, the Boy who wouldn't grow up". Only the 1928 play.

Edit: It's also worth calling out that GOSH has no claim to title, it's royalties only. The hospital cannot grant or refuse any exhibition.

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oswaldluckyrabbiy t1_jeet0p5 wrote

As said it is one of the better funded legal teams in the world and is very proactive in intervening v.quickly. Disney is infamously trigger-happy with litigation when it comes to copyright and knows the rules regarding it better than probably anyone else. In 1989 they sued the Academy of Motion Pictures for use of the Snow White character at the Oscars! If they can't win in court they also have a huge team of lobbyists to change the law to ensure they still get what they want.

Disney is so large and encompasses so much that they need experts in almost every field who can all call on each other for advice. They are also one of the largest possible potential targets for lawsuits. They have loads of money and an image to protect. The best way to save themselves constant lawsuits or settling to protect their image was to repeatedly demonstrate you never beat the Mouse in court.

They also have a corporate culture of perfect realisation of vision dating back to Walt Disney himself. If Walt wanted something you couldn't tell him no - you were expected to find out how you could achieve EXACTLY what he wanted. Naturally this often requires very specific legal knowledge to circumvent whatever restriction you face and historically they have made some outstanding wins in court. If Disney wants non-regulation yellow lifeboats for their cruise line then they will prove that that shade of yellow matches international standards for visibility and lobby for exclusive rights to use that colour. So Disney gets Mickey-Mouse shoe colour lifeboats, a tiny detail few will care for or notice but Disney took the effort to get their way.

The cases I'm most familiar with regard the theme parks. Just acquiring the land for Walt Disney World and the rights over it they did is enough for them to sit on their laurels but the parks have also won a myriad of personal injury suits - some of which they probably shouldn't have. If they genuinely think they will lose it gets settled out of court with an NDA. Most recently they curb-stomped DeSantis regarding land management in Florida.

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