Hello, New to the board. I'm a very big fan of the Charlie Chan films. I'm a Independent Filmmaker in Arizona. I was wondering if the character Charlie Chan is in public domain as Sherlock Holmes? Does a studio own the rights to the Late Mr. Biggers character? If anyone could help on this it would be much appreciated.
No, the Charlie Chan character is not a part of the public domain. Currently, the rights to the character are held by an entity called Leisure Concepts. Although 20th Century-Fox, Warner Brothers, and MGM hold the rights to varying numbers of the films from the Chan series made from 1931 to 1949, any new films, etc., would, to the best of my knowledge, need to be authorized by Leisure Concepts.
One more note: As it seems that Lucy Liu still has plans to make a "Charlie Chan" film of her own through Fox Studios, it just may be that they hold the screen rights, at this time, to the Charlie Chan name.
I hope that helps you, and I (along with others) would be very interested to know if you are considering some sort of Charlie Chan project.
The Copyright Office circular 15t (informational)sets out the time frame for duration changes in copyright coverage. The rule used to be 28 and renewed for another 28. From 1923 on, if the work was renewed for a second "old"term of 28 years, it is still covered, all the way out to 2018. Some works were not renewed after the first 28 year term and are public domain by default. This affects some older films - pure oversight by a clerk. The reason for this extension has been associated with Disey as the prime example. Mickey Mouse would be public domain. Valuable property. Congress sets the term and the term is now life plus 50, etc. Very long. Can the copyright be infinite in duration? Interesting question for congress. In 2018, they may extend the post 1923 works again for a while as great old novels such as Biggers Chans remain valuable and presently creative due to modern interpretations. Rights are fully negotiated; many "deals" are actually small payment options with a big payment due only if the material goes into production (after all development). Thus, an option for 1 year might be for small dollars with a later big payoff - or no real payoff if the film does not go into production, the time expires, etc. Rightsd owners do not want to have their material held up for a year unless they think there is a real chance of production. Lost money. This week's coming film, Broadway, is filled with ethnic one liners that couldn't be used today. Politics aside, Ethnic humor is very touchy unless launced and received by the same ethnic group. Too bad. People sometimes make the mistake of assuming that an old b/w is PD; they may not be sued for enforcement of rights by legal owners, but the unlicensed users are potentially liable for damages. The copyright office puts out a lot of information about dates,, protections and how to research rights owners. Foreign titles such as Sherlock Holmes are covered by foreign laws and, even though over 100 years old, may still be covered by foreign protections - and in a world market, one must consider tripping over English law in England or even in Japan by treaty with England. This does not stop rip offs in China of everybody's work, but it means that distribution, theatrical or literary, can be litigated in the rest of the world. Best of luck. Patrick
The character Charlie Chan was created by Earl Derr Biggers and first appeared in print in The House Without a Key (1925). The copyright on this work was renewed in 1952, meaning that the character of Charlie Chan will enter public domain in the year 2020.
