responses here. I suspect it's because it's largely a legal question,
and most of us aren't lawyers. Be that as it may ...
You're right: varioius early versions of Gumby are indeed in the
public domain. Here are 8 PD gumby cartoons:
http://www.amazon.com/gp/product/B0002VKLQK/103-5161085-4495048?v=glance&n=130
To your larger question about creating derivative works: I'm no
attorney, but my understanding is that
- you're free to make derivative works from any work in the public
domain, including these Gumby cartoons
- you could copyright your specific work but not Gumby's likeness,
since he has been "re-copyrighted." So your scenario of giving away
Gumby likely wouldn't work.
- trademarks are a whole nuther ball of wax.
There are lots of examples of copyrighted works enterting the public
domain, and then corporations trying to exercise retroactive claims
over the use of such works. They can't. Still, it's a somewhat murky
area of the law -- which is what these corporatons are counting on. I
wouldn't assume that a simple answer has been "worked out" -- it's not
in their interests to provide clearcut answers.
Shall I ask my lawyer friends to weigh in? :~)
jd lasica
realpeoplenetwork.com
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