Navigating Copyright and Public Domain: Using Characters from Wicked

The new Wicked Movie Adaptation has taken the world by storm and deservedly so.  However, the universe it’s based in isn’t exactly new.  The story is inspired by characters from L. Frank Baum’s children’s novel, The Wonderful Wizard of Oz.  These characters have been popular ever since the book’s release, appearing in The Wizard of Oz (1939) and multiple other versions across the decades.  Wicked, however, is an entirely different plot from the source material but using the characters created by Baum.  How can this be done without breaching laws in respect of copyright and intellectual property?

Understanding Copyright and Public Domain

Copyright laws protect original works of authorship, including characters, narratives, and settings, provided they are sufficiently distinct and creative.  However, when works or aspects of them, enter the ‘public domain’ they can be freely used by anyone.

The rules surrounding when something comes into the public domain are complicated.  In general terms, in the UK (and many other countries) works enter the public domain 70 years after the death of the creator (or the last creator, where there are multiple creators).  The Wonderful Wizard of Oz was published in 1900.  The book and its original characters like Dorothy, the Wizard, and the Wicked Witch of the West, have entered into the public domain.  This means that anyone can use these characters in new creations without permission of the creator or their estate.

Interestingly, while Maguire’s interpretations of these characters are inspired by Baum’s, his novel and the subsequent musical turned movie introduce unique storylines, character traits, and settings.  These new elements are protected by copyright and cannot be used without authorisation as they are not yet in the public domain.  So Baum’s creations are in the public domain and can be used by anyone, including Maguire, but Maguire’s interpretations are protected under copyright law!

Using Wicked Characters Without Copyright Infringement

To legally use characters from Wicked, it’s essential to differentiate between the public domain elements derived from Baum’s work and the copyrighted elements created by Maguire and the musical’s producers.

Public domain characters like the Wicked Witch of the West and the Wizard can be freely reimagined.  For example, you could create a story about the Wicked Witch without using any of the unique personality traits, backstory, or plotlines introduced by Maguire or the musical.

Maguire’s specific portrayal of Elphaba as a green-skinned, misunderstood outcast, or Glinda as a bubbly yet complex character, are creative elements protected by copyright.  Similarly, dialogue, songs, and scenes from the musical are off-limits because these are new portrayals and are not in the public domain.

If a work is inspired by Wicked but incorporates enough originality to stand on its own while avoiding substantial similarities to the copyrighted material, it may be permissible.  However, this requires careful legal review to ensure no infringement occurs.

The Importance of Legal Advice

Given the complexities of copyright law, creators seeking to use characters associated with Wicked should consult legal experts.  While the public domain offers opportunities, the line between permissible use and infringement can be a fine one.

Conclusion

The characters from Wicked are a blend of public domain origins and copyrighted innovation.  By focusing on public domain aspects and ensuring originality, creators can explore new stories while respecting copyright laws.

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