As with many articles on IP they are conflating copyright and trademark.
The stories and illustrations will be copyright free, but the names of the characters (certainly the titular character) are covered by trademarks.
I'm no IP expert, so I don't know the repercussions of putting out a book titled Winnie The Pooh containing the public domain stories. Certainly you'd be in the clear if it was titled Fat, Honey-Loving Bear Stories.
>You will definitely be able to re-print and re-use the original text, the original name and possibly the original illustrations illustrations.
that's nice for anyone who wants to publish books I guess, or for downloaders of Project Gutenberg material, but I don't think that is really what people care for who argue about copyright being too long etc.
I guess what people really want is something that is anyway covered by fair use but people are afraid to do because big corporate lawyers. But I guess if the characters are trademarked you still have to worry about big corporate lawyers.
Anyway, Pooh is only copyright free in US, still under copyright in UK - unsure if copyright free in EU, assume not.
> This doesn't make much sense. If the stories enter public domain, they enter in their entirety.
In the USA all character names and book titles are public domain anyway - but these can still be protected under trademark (The name being public domain doesn't mean that anyone can create derivative works though - these are still protected).
For instance, the name "Mickey Mouse" is in the public domain (i.e. someone can say it without it being licensed) while stories about Mickey Mouse are still under copyright, and you cannot use 'Mickey Mouse' in your own advertising or to sell a product as it is still a trademark.
As another example, I can create the character "Dude The Donkey", own the trademark "Dude The Donkey" and also write a story about Dude The Donkey that I put into the public domain (e.g. CC0), however the fact I have written a story and put it into the public domain doesn't mean that someone else is allowed to sell "Dude The Donkey" branded merchandise - as I have a trademark on that.
Disney has options even if copyright legislation doesn’t change. For over a decade now, Disney has used clips of Steamboat Willie in their logo. Even after Willie’s copyright indisputably expires in 2024, they may attempt to litigate under trademark law.
That kind of thing doesn’t always work though. For example, Lego has repeatedly attempted to trademark their brick shape in various venues after the patents expired. Their many resulting lawsuits against Mega Bloks have (to my knowledge) been generally unsuccessful, because the functional elements of an interlocking brick design turn out not to be trademarkable.
> Trademarks (usually) don't have such a broad application as "this name X is forbidden for use everywhere forever and ever".
Unlike copyrights or patents, trademark rights last for as long as they are used continuously to identify a source of goods or services. So, not quite forever and ever, but as long as they are used continuously by the same source.
You're right that it will be fine to use the names of the characters as long as you don't create a likelihood of confusion with a senior user of the same or similar trademark.
> Certainly you'd be in the clear if it was titled Fat, Honey-Loving Bear Stories.
If you're publishing the original book, you'll be able to use the original title because you'll be using the name not as a trademark, but as a descriptive term for the book.
For derivative works, you will probably want to make up your own name that you can use as a unique trademark to identify your derivative. (See, e.g., the recent Sherlock Holmes derivative works: Sherlock, Elementary, Enola Holmes.)
> If you’re publishing the original book, you’ll be able to use the original title because you’ll be using the name not as a trademark, but as a descriptive term for the book.
You seem to be arguing that it would be descriptive fair use, but the probability of confusion prong of the descriptive fair use test seems likely to be problematic, especially in an active franchise with newer works under the trademark that are actually exclusive to the trademark owner by copyright as well.
The stories and illustrations will be copyright free, but the names of the characters (certainly the titular character) are covered by trademarks.
I'm no IP expert, so I don't know the repercussions of putting out a book titled Winnie The Pooh containing the public domain stories. Certainly you'd be in the clear if it was titled Fat, Honey-Loving Bear Stories.