Re: Peter Pan

From: Peter Groves <peter.groves[_at_]virgin.net>
Date: Thu, 20 Dec 2001 16:33:58 -0000


The legislation (s 301 of the Copyright, Designs and Patents Act 1988) refers to "the play "Peter Pan" by Sir James Matthew Barrie, or ... any adaptation of that work." So, quite limited. "Adaptation" has a precise meaning in the Act, too, which you might need to look at. As for trademark registrations, that could muddy the waters. Ask Disney about that!

Peter Groves
Davis & Co (Solicitors) Limited, London
The information age law firm

  I'm trying to get information about the Peter Pan copyright.

  I understand that Sir James Matthew Barrie’s will left the copyright to the Hospital, and that Parliament passed legislation to continue protecting Peter Pan after its copyright would normally have expired. However, I am unclear as to precisely what is protected under this law.

  We know Barrie chronicled the adventures of Peter Pan in four separate texts: the Peter Pan playscript, the novel Peter and Wendy (also called Peter Pan in present editions), Peter Pan in Kensington Gardens, and The Little White Bird (the novel from which the Kensington Gardens material was adapted).

  I assume that Great Ormond Street Hospital receives royalties for all productions bearing the title Peter Pan,and for all printed editions of the play and the novel. But what about the two latter texts (Little White Bird and Kensington Gardens)? Are they too still protected under British copyright law?

  It occurs to me that– even if The Little White Bird is in public domain – the use of that text might still be restricted if the name Peter Pan is trademarked. Would it be legal to create a new work that borrowed elements of the Kensington Gardens material (for instance, the characters of Maimie and Tony) but used neither the name nor likeness of Peter Pan? Received on Fri Dec 21 2001 - 10:45:05 GMT

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