ELI5: Tarzan Public Domain Story vs. Trademarked Name – IP Rights Explained

Content Idea 1: The "ELI5: Public Domain Story vs. Trademarked Character" Explainer

• Headline Idea: "ELI5: Tarzan's Story is Free, But His Name Isn't? Copyright vs. Trademark Explained!"
• Content Angle:
  • Start with the Tarzan example: "You might have heard that the first Tarzan story is in the public domain. Great! You can reprint it or make a movie based exactly on that first book. But wait, someone says the name 'Tarzan' is trademarked. How can this be?"
  • Copyright Explained (Simply): Think of copyright like a temporary "No Copying!" sign on a specific creative work (book, song, movie). It protects the expression of an idea and has an expiry date. Once it expires, the work enters the public domain.
    • Example: The original "Tarzan of the Apes" book by Edgar Rice Burroughs.
  • Trademark Explained (Simply): A trademark is like a brand name or logo that tells you who made a product or service. It prevents others from using that name in a way that confuses customers about the source. It can last forever if renewed and used.
    • Example: The word "Tarzan" used on new books, movies, merchandise, and games to indicate they are officially from or endorsed by the Edgar Rice Burroughs, Inc. estate.
  • How They Co-exist: You can use the public domain story. You can call the character Tarzan within your adaptation of that public domain story. But you might face trouble if you try to launch a line of "Tarzan" toys or a new "Tarzan" comic book series that looks like you're the official Tarzan brand, thereby trading on the goodwill of the trademark.
  • Analogy: Think of it like an old family recipe for "Grandma's Famous Cookies" that's now public knowledge. You can bake and sell those cookies using the recipe. But if "Grandma's Famous Cookies" is a registered trademark for a bakery, you can't package your cookies in a way that makes people think they're from that bakery.
• Target Audience:
  • General public curious about pop culture and IP.
  • Fans of older characters/stories (Tarzan, Sherlock Holmes, Winnie the Pooh).
  • Aspiring creators who might want to use public domain material.
  • Anyone who has seen "public domain" and "trademark" used and felt confused.

Content Idea 2: "So, What CAN I Do With a Public Domain Character Whose Name is Trademarked?" - A Practical Guide

• Headline Idea: "Public Domain Tarzan: What You Can (and CAN'T) Do When Copyright & Trademark Collide"
• Content Angle:
  • Acknowledge the confusion: "It's tricky! The story's free, the name's protected. Let's break down what this means for creators."
  • CAN DO (generally):
    • Republish the original public domain work(s) verbatim.
    • Create faithful adaptations of the specific public domain work(s), including using the character's name as it appears in that work.
    • Create new stories clearly based on the public domain version of the character, ensuring no confusion with the trademarked brand.
  • CAN'T DO (or be very careful with):
    • Use the trademarked name as the title of a new, original series in a way that implies official branding (e.g., "Tarzan: The New Adventures" might be problematic if it looks like an official ERB Inc. product).
    • Create merchandise (t-shirts, toys) using the trademarked name in a way that suggests it's official or from the trademark holder.
    • Use logos or stylings associated with the trademark holder.
    • Create works that copy elements from later, still-copyrighted Tarzan stories or from specific, trademarked depictions (e.g., a specific movie version's look if that look is also protected).
  • Key Principle: Avoid "consumer confusion." If what you're doing is likely to make someone think your work is an official product from the trademark holder, you're in risky territory.
  • Examples: Discuss Winnie the Pooh (A.A. Milne's original vs. Disney's version), Sherlock Holmes.
• Target Audience:
  • Independent creators (writers, filmmakers, game developers).
  • Small publishers.
  • Entrepreneurs looking to leverage public domain content.
  • Legal enthusiasts.

Content Idea 3: "The IP Tango: Why Copyright Expiry Doesn't Erase Trademarks (Using Your Fave Characters!)"

• Headline Idea: "Mickey, Tarzan, & Pooh: Why 'Public Domain' Doesn't Mean 'Free-For-All' Thanks to Trademarks"
• Content Angle:
  • Focus on the why behind the two different systems.
  • Copyright's Goal: To encourage creativity by giving creators temporary exclusive rights, after which the work enriches the public domain.
  • Trademark's Goal: To protect consumers from confusion and businesses from unfair competition by identifying the source of goods/services.
  • Explain that these two systems operate independently, even if they apply to the same character/story.
  • Use recent examples like Steamboat Willie Mickey Mouse becoming public domain, but Disney still holding strong trademarks for "Mickey Mouse" as a brand.
  • Illustrate how a character can be a "literary work" (copyright) and a "brand identifier" (trademark) simultaneously.
  • The expiration of one (copyright on the original story) doesn't automatically invalidate the other (trademark on the name as a brand).
• Target Audience:
  • People interested in media law and intellectual property.
  • Fans tracking public domain entries of famous characters.
  • Journalists or bloggers covering IP issues.
  • Anyone who enjoys "behind the scenes" explanations of how industries work.