Re: Determination of Public domain status/Wizard of Oz

Mike Oliver <oliver[_at_]bowie-jensen.com> asked:
>
> Is there an on-line database of listings of public domain materials.
> In this case, specifically, the story of the Wizard of Oz?

I don't know of one. If there is, I'd be very surprised if it made any claims of completeness. Generally, the better way to determine if something that old is in the public domain is to search the copyright register. If there is NO current registration, best bet is that it's p.d. The original book THE WIZARD OF OZ is definitely p.d.

> Also, for this question assume it is in the public domain. If someone
> dresses up like Dorothy did in the movie (which is not in the public
> domain), does that violate the right of publicity of Judy Garland's
> estate (a la the "character" Charlie Chaplin developed, which I
> believe is still protected, IBM licensed it for their ads a while back).

You are right that the movie, unlike the book, is definitely NOT p.d. However, you are mixing two different areas of law. The copyright/public domain status of a work may affect the copyright in a character who appeared in that work, but it has nothing whatever to do with the publicity rights of an actor who played that character.

It seems to me you have to look into two things: Does the copyright in the film extend to the Dorothy COSTUME? And is the "look" of Dorothy from the movie an attribute of the persona of Judy Garland? I doubt that simply dressing up as Dorothy would violate Ms. Garland's publicity rights, since she didn't create the character, others have also played and portrayed the character, and she herself is identified in many other ways besides as Dorothy. These facts, I think, distinguish this situation from cases in which the evocation of a unique character or persona associated with one specific performer (Spanky MacFarland, Charlie Chaplin, Vanna White) was held to be a violation of the right of publicity.

I hope this is helpful, but it is speculation, not legal advice; I strongly suggest you consult an intellectual property or entertainment lawyer who can provide an opinion based on the full facts.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Thu Jul 17 1997 - 16:17:35 GMT