I'm confused about copyright law vs. trademark law with regard to the use of characters derived from literary works in the public domain, and hoping for some clarification and guidance.
For instance, literary characters such as Dracula or Frankenstein are in the public domain, because their original copyrights have long since expired (the original novels having been published prior to 1922).
But what if a movie studio produces a film involving such characters, and then somehow "trademarks" these characters? In the first place, how can they do so if these characters are in the public domain? And in the second place, does doing so mean that no one else can use these characters in movies or novels of their own?
For instance, if I wanted to write a screenplay which was a direct sequel to the original novel "Dracula," would I be legally free to use that public domain novel's characters in my own original screenplay -- not just the character of Count Dracula himself, but also, say, the character of vampire hunter extraordinaire Professor Van Helsing? Or does the fact that Universal has produced a 2004 feature entitled "Van Helsing" (and in association with which, which it has evidently trademarked "Van Helsing") put that character off limits to would-be sequel writers?
For instance, literary characters such as Dracula or Frankenstein are in the public domain, because their original copyrights have long since expired (the original novels having been published prior to 1922).
But what if a movie studio produces a film involving such characters, and then somehow "trademarks" these characters? In the first place, how can they do so if these characters are in the public domain? And in the second place, does doing so mean that no one else can use these characters in movies or novels of their own?
For instance, if I wanted to write a screenplay which was a direct sequel to the original novel "Dracula," would I be legally free to use that public domain novel's characters in my own original screenplay -- not just the character of Count Dracula himself, but also, say, the character of vampire hunter extraordinaire Professor Van Helsing? Or does the fact that Universal has produced a 2004 feature entitled "Van Helsing" (and in association with which, which it has evidently trademarked "Van Helsing") put that character off limits to would-be sequel writers?
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