A PRINCESS OF MARS Is Public Domain?

July 15th, 2006 | comics talk, researchmaterial

In noting that a proposed comics adaptation of Burrough’s PRINCESS OF MARS appears to have been taken behind the stables and shot, Heidi Mac makes an aside I was unaware of. Apparently, that book is public domain.

However, the other books in the sequence clearly aren’t. And Heidi suggests that trademarks may also apply.

Is this a case where a work being public domain essentially means nothing at all? Does anyone with expertise in the field actually know?

(That’s as opposed to, “I know absolutely nothing about any of this, but my opinion is…”)

13 Responses to “A PRINCESS OF MARS Is Public Domain?”

  1. Without a ton more information, this is the best I can determine.

    The book could be in the public domain, depending on when and where it was published, and whether or not it had the proper filings and markings on it at the time. This varies a great deal from country to country.

    There could be a trademark issue as well. I did a quick search and it doesn’t appear that there is a US registration for “A PRINCESS OF MARS”. However, there could be a trademark registered elsewhere, and there could be common law rights as well.

    What does all this mean? Well, uncertainty is the enemy of business. Many projects are scrapped simply because the legal status is so uncertain. Most publishers aren’t going to jump into a potential lawsuit unless they have a sure fire winner. My guess is that the whomever owns the copyright to the subsequent novels didn’t want to play ball (sign a contract) and the publisher wasn’t willing to fight about it.

    To determine the ‘actual’ legal status of the property would take lots of time, effort, and research – anyone who tells you different is mistaken. And yes, the public domain ain’t worth a whole lot in this legal climate, and that’s a shame.

    Rob (I have two law degrees in the US and am awaiting admission in NY. But, I’m a little fuzzy on British and EU law, so there may be another perspective I’m missing.)

  2. Because _A Princess of Mars_ was first published as a complete novel in 1917, it is in public domain. Anything published before 1923 in the U.S. is in the public domain, unless some other extenuating circumstances exist.

    Project Gutenberg makes public domain books available online as ‘e-texts’, and you can find the book in question here:
    http://www.gutenberg.org/etext/62
    and a computer generated audio version here:
    http://www.gutenberg.org/etext/8748

    Project Gutenberg’s catalog for this book states: “Not copyrighted in the United States. If you live elsewhere check the laws of your country before downloading this ebook.”

    The audio version of this book is under copyright.

  3. Project Gutenberg has it posted. They’re fairly scrupulous about observing copyright law.

    http://www.gutenberg.org/etext/62

    (I have a degree in history and another in library science and I’ve worked around/with and been fucked by copyright for years)

  4. If I recall correctly, anything published before 1923 is public domain in the US, so the next four books in the series are public domain as well. They’re available via Project Gutenberg. I believe the rest of his work becomes public domain in 2020.

    I’m no expert on IP law, but checking my copy of Publishing Law, there could be trademark issues, presumably related to the characters – it depends on what the copyright holder has been doing with the works. In the UK, the registration is originally for 10 years, and can be renewed indefinatly, so long as someone remembers to do so, and pays the registration fee. I’m reasonably sure US law is similar. It can cost upward of $750 to get an attorney to prepare an application for a trademark, but with a film theoretically in production, I’d suspect that someone’s got trademarks related to it. I’d be very surprised if they didn’t.

    So yes, in this case, I suspect that the public domain status of the text doesn’t mean a great deal, when it comes to adaptations. Everything’s too complicated to untangle without some effort, and many/most .

  5. It is public domain, which makes distributing it easy, and in the sane world would make adaptation easy. The problem is that this is not the sane world. This is the world where you can enforce an intellectual property claim with cease and desist letters and general threats, without ever having to prove that you’re not talking out your ass in court.

    In this strange, terrifying world, many things like Lovecraft, It’s a Wonderful Life, and A Princess of Mars are in the public domain, but it doesn’t actually matter because, generally speaking, large organizations with massive piles of money are willing to punch you a lot if you try to infringe on the copyrights that they made up. And because even if you’re in the right, their trained attack lawyers usually aren’t worth dealing with – especially if you’re a small comics company like IDW.

  6. Thanks to the Disney people for putting pressures on the American Congress all these years so they can still own a few old cartoons. They have fucked up Public Domain laws in the USA into the quagmire that it is today.

  7. I worked on an RPG based on the first few books that are PD in most places, but there’s such a stink around it – especially with the film in the works, that it simply doesn’t appear to be worth the trouble to go through with it, even on a removed, derivative work.

    Matters are complicated by the film, merchandising deal and other problems and when I tried to contact ERB Inc, they didn’t bother to contact me back, though I informed them of my intention.

    More of the books are PD in Australia but I think most of them are still tightly controlled in the UK. This complicates matters for me since I (mostly) publish electronically and, therefore, can’t control where they’re sold to.

    It’s BLOODY annoying!

    I’ve half a mind to just publish and be damned anyway, if I can find an outlet that’ll take it and see if it does cause a stir of any sort or not.

  8. Oh, and incidentally I think this is why League of Extraordinary Gentlemen II isn’t 100% explicit who it’s talking about with the Martian (Barsoomian) leader.

  9. My memory (from working at an eBook company a few years back) is that “Edgar Rice Burroughs” is one of the trademarks in play.

    Refer to all the Captain Marvel crap that’s still in play for the hoops that might have to be jumped through to get something out there that adapts the work without using any trademarked stuff on the cover.

  10. I worked for over 8 years in Copyrights & Permissions for a major U.S. publisher back in the 90s. In that time I saw many aggressive moves to stake any kind of proprietary rights claims.

    I had coversations with some lawyers who, essentially, wanted to void the concept of fair use. And I still think the Supreme Court “REAR WINDOW” decision was bullshit. In that ruling copyright was recaptured in the movie, which was in the public domain, because the short story still had copyright protection. (This also allowed IT’S A WONDERFUL LIFE to reclaim copyright protection.)

    I’ve had limited exposure to Trademark issues, but given my experience seeing the more clearly defined U.S. Copyright issues muddied, I believe you have to be very wary when there is a question about a work’s public domain status.

  11. In this strange, terrifying world, many things like Lovecraft, It’s a Wonderful Life, and A Princess of Mars are in the public domain, but it doesn’t actually matter because, generally speaking, large organizations with massive piles of money are willing to punch you a lot if you try to infringe on the copyrights that they made up.

    I was actually wondering about Lovecraft. I’ve noticed how everyone and his sister is shamelessly using the ‘Old Ones’ and tosses names like ‘Cthulhu’ around like they own it. That’s because it’s public domain? It would seem very few people seem to want to put a stop to that. Games, movies, novels, comics, tv, you can find Lovecraftian names and concept everywhere. (Not to mention the plush Cthulhu toys of course…..)

  12. My guess is that while the novel A PRINCESS OF MARS is in the public domain, the estate of ERB has registered as trademarks the likes of “John Carter”, “Barsoom”, “Tars Tarkas”, etc. Actually, I recall a board game called “John Carter: Warlord of Mars” being produced by SPI some years ago – perhaps they trademarked the names rather than the Burroughs estate?

  13. John Carter of Mars – is Trademarked.
    http://tess2.uspto.gov/bin/gate.exe?f=doc&state=geot71.2.1#

    As is ‘John Carter’

    It SAYS ‘Barsoom’ is, but it’s been used widely so I’m not sure of the validity of that.

    The Venus and Pellucidar books don’t seem to have been protected quite so much.

    An RPG company, not even doing an actual Barsoom game, has been strongarmed by ERB for doing a ‘Planetary Romance’ RPG that doesn’t namedrop at all, just follows the same themes.

    As far as I can make out, so long as you avoid the TMs and stick to the US public domain material for adaptation and derivation there really _SHOULDN’T_ (Emphasis mine) be a problem, but there is, because they have money and trained attack lawyers.

Monocle Mediterraneo Missteps

Jean Snow - 08 Sep 10

Monocle Mediterraneo

I finally received my issue of the Monocle Mediterraneo summer newspaper today, but it wasn’t easy. I ordered it in early August, and after a month going by with still no paper in my mailbox (they promise delivery in two weeks) I finally decided to get in touch on Monday. To their credit, they immediately got back to me, and said that they would send me another copy using registered mail, and it has arrived today (although I suspect it may just be the original issue that was mailed out, which would mean it took 5 weeks for delivery).

The reason I bring this up is because from the feedback I’ve gotten through Twitter after I started wondering “out loud” where my issue was, I got quite a few responses from others having similar problems, so my example is far from being an isolated case. What’s to blame? Is it the UK mail service? It is rather disappointing to receive a copy of something that celebrates summer in September, a frustration compounded by the fact that a few weeks ago I stopped by the Monocle Shop in Aoyama and saw it sold for 500 yen — ordering it online costs 7 pounds, which is almost double. Quite surprising considering that the Japan cover price for regular issues of Monocle is 2310 yen (almost $30), which itself is ridiculous.

But despite these complaints, it really is a beautiful thing. The paper’s smell may have turned into a joke, but its pages really do have a great, almost nostalgic odor. I love the format and the size, and would really like to see more publications/magazines use it — and it sounds like we can already expect Monocle to repeat the experiment during the winter holidays.

Test Patterns Are Everywhere (in the Industry)

Jean Snow - 08 Sep 10

TV Test Pattern

As a follow-up to yesterday’s post on the use of test patterns as a graphical element, many people reminded me on Twitter that it’s still very much in use in the industry (video and TV production) or film school, and so a lot of people still deal with these quite regularly, so it’s not that far fetched to still be in use as a graphical association with the medium. I guess we should treat it the same way a film reel is still often used to represent anything that relates to movies.

Remembering Ana Mendieta

Coilhouse - 08 Sep 10

Tonight, I can’t stop thinking about one of the more influential, yet relatively obscure artists at work during the post-Happenings decade. Ana Mendieta:


From Ana Mendieta’s “Body Tracks” series, 1970s.

It’s all too easy to scoff at raw, bloody, chthonic feminist performance art these days. Hell, it’s all too easy to scoff at just about anything that whiffs of pussy power. After all, this is 2010! No need for histrionics, right? We’ve been liberated, reborn. We’re fierce and comfortable, right? We’ve seen it all a hundred times before… rrrriiiiiight?

Then again, what Alice Miller said about scorn holds a lot of sway: ?Contempt is the weapon of the weak and a defense against one’s own despised and unwanted feelings.? In light of that assessment, whether one chooses to roll their eyes or not, Mendieta’s (earth-)body of work, and the circumstances under which she died, resonate as much right now as they did in the 1970s and early 80s. (Although, come to think of it, there were plenty of eye-rollers then, too.)

In any case, on the 15th anniversary of her mysterious death, I’m lighting candles for Ana Mendieta and wondering what comes next.

(Read more after the jump.)


Read the rest of Remembering Ana Mendieta


Post tags: Adornment, Art, Flora & Fauna, Gender, Grrrl, Memento Mori, Multiculti, Revolutionary, Sculpture, Sexuality

Cthulhu Cthursday: The H. P. Lovecraft Film Festival(s)

Ectoplasmosis - 08 Sep 10

That’s right. Los Angeles this weekend. Portland, Oregon next month. Can’t say I’ve been, unfortunately, but always hear about good stuff getting screened at the fest.

After you watch Mike Boas’ promo above, you can check out the official site for the festivals.

H. P. Lovecraft Film Festival
Promo by Mike Boas [Youtube]


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NEXT 2010 talk

Open The Future - 08 Sep 10

I was in Denmark last week, speaking at NEXT 2010. The subject... geoengineering (dun dun DUN).

Here's the talk.

When I watched a part of it, the sound was off-sync with the video, so fair warning.

And fun game for any of my talks: count the "Jazz Hands"!

Maleonn?s Second-Hand Tang Poem

Coilhouse - 08 Sep 10

Second-hand Tang Poem, Maleonn’s series from 2007, is only a small sample of a portfolio overflowing with surrealistic delights, but it is among my favorites. These black and white dioramas tell the story of a mystical, far off land ? a tale both somber and silly. It’s a dichotomy seen throughout his work and he uses this balancing act to great effect. His work isn’t on exhibition in the US at the moment, but he does have a show at Blindspot Gallery in Hong Kong.


Read the rest of Maleonn’s Second-Hand Tang Poem


Post tags: Art, Fairy Tales, Photography, Surreal

LINKS: 8 SEPTEMBER 2010

John Robb - 08 Sep 10

Some items of interest:

  • OpenPCR.  An open source version of a high cost tool for biohacking, got double the funding it needed on Kickstarter.  More on the team behind it.
  • Inside/outside refrigeration/cooling system.  Begs the question:  what would be the savings of a refrigerator that leveraged outside air temp intelligently?
  • Shot spotter.  Being installed within lots of American cities.  Audio surveillance that can locate a gunshot within 35 ft.  See inset. Shotspotter
  • Gang maps of LA.  The alternative political landscape.
  • Quran burning in Florida.  Right Wing Extreme, an armed militia, will protect the "Dove World Outreach Center" during it's first annual 9/11 Quran burning.  RWE is currently running a poll on its site:  "Do you think it's time for a second American Revolution?"  Charles C points out that RWE has withdrawn from the effort (see comments below).
  • Haystack.  A project to foil national firewalls and state monitoring in Iran (China and Egypt next). Newsweek did an article on the leader of the project, Austin Heap and this turned up: When I first met Heap in January, he was regularly shuttling to Washington, D.C., for meetings at State and Treasury and with senior lawmakers.  
  • Global police crack down on the open source insurgency, the Scene. They (the police) just wanted to know who or whom had used two different IPs during a couple of dates in 2009. Since we did not have this information (no logging) there was no information and/or hardware for them to seize. The police did not enter the datacenter, only the office, so no servers or network have been touched by them.

JOURNAL: GG Entrepreneurs Displace Mexico's Control Over PEMEX

John Robb - 08 Sep 10

Global guerrilla entrepreneurs, super-empowered by direct connections to the dominant global marketplace (a market that is relatively indifferent to the provenance of the supplies it demands), are taking control of the Burgos basin, home to Mexico's biggest natural gas fields.  To accelerate this seizure, these enterprising guerrillas (likely a Zeta offshoot) are kidnapping oil workers working for PEMEX (as Zenpundit kindly notes, this is a playbook we have seen before -- India, Iraq, and Nigeria).  Here are some choice GG quotes from the LATimes article about it:

"How is it, that Pemex, supposedly the backbone of the nation, can be made to bow down like this?" -- relative of a kidnapped worker.  

"These are territories where the organized crime infrastructure, inside and outside of the police forces, has established power ? a parallel power, a parallel government. That territory is in the hands of a parallel power that has penetrated the government at all levels." Alejandro Gertz   NOTE: This is a nice description of a hollow state.

NOTE, we'll see variants of this in the US as the global economic depression worsens. 

Thor 614 Out (Tomorrow)

Kieron Gillen - 08 Sep 10

In the US today tomorrow and tomorrow tomorrowtomorrow in the UK, my Thor run reaches its conclusion…

(Unless you’re in Canada. When it reaches it comes out nottomorrow. As in, today.)

Here’s CBR’s review and and you can read the preview here. Which thankfully cuts off before something particularly spoilerific. And as much as I’d like to do a looking-back-on-my-run post, I’m resisting saying anything else, because I’d risk doing the Spoilerific thing myself. It’s not over until those 22 pages fall between your fingers, with our array of final confrontations and the reading of the fine print.

As a whole, the run’s worked better than I could have ever hoped for. None of the three stories were in an easy situation, and that they even worked at all pleases me. I’ve few regrets about what I did and only a handful of what I didn’t do (More with the Broxtonites, Blake, Sif). And all those regrets aren’t really regrets at all, because I don’t think I could have played it any other way. It helped that I was working with such a fantastic string of artists, all of whom were up against it as much as I was. Billy, Rich and Doug - I salute you. Niko for New Mutants too. And, as always, McKelvie gets his own special, less complimentary kind of salute.

Most of all, I’m pleased that, no matter how random its ever-extending nature seemed to be, it’s a body of work. Stick those 11 issues of Thor with the Loki and New Mutants issues in a trade paper-back, and you’ve got something with clear themes and defined character arcs. Also, lots of hitting. The genre will not be denied.

It’s been fun and thanks for reading to those who read.

*****

Another thing strikes me. This is the last comic I have out before November when Generation Hope debuts. When I’ve had as much on the shelves in the last year as I have, that seems like a spookily large gap. The odd thing being, I’m not writing any less comics now than I have been. This month is Generation Hope, my second Avatar book and something else. And it’s a fun something else which I suspect will cause the most communal eyebrow raises since… well, since I was put on Thor.

So, expect this blog to lean more towards interview posts in the near future. Expecting shouting.

What Do These Colors Mean to You?

Jean Snow - 07 Sep 10

Rolling Stone

Last night I was reading through the latest issue of Rolling Stone — really loved the cover feature on Mad Men, as well as the profile on SNL creator Lorne Michaels — and seeing how they branded the issue’s theme (“Fall Television”) made me wonder just how relevant that particular imagery really is these days. The branding in question is what you see pictured above — it appears with all of the TV-related articles in the issue — and is of course inspired by the TV test patterns of old (pictured below, and technically known as “SMPTE color bars,” as I learned through Wikipedia).

Television Test Pattern

As a retro effect, it works — I certainly remember them — but has anyone under the age of 20 ever seen one? As far as I know — and keep in mind that I’ve been living in Japan for 10+ years — they haven’t been used in at least a decade, and not just because they’re not necessary anymore (in this world of digital sets), but also because we live in a world with 24-hour broadcasts.

I’m just curious as to whether it’s still a good icon or image to use when referring to TV, although I’m the first to admit that I liked how it was used, and I can’t think of anything off-hand that would work better.