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A.A. Milne came up with the idea of a talking yellow bear in a 1924 poem. But Winnie the Pooh as we know him first appeared in 1926 in Winnie-the-Pooh. In that book, he was joined by his friends, Rabbit, Piglet, Kanga, Roo, Owl, and Eeyore. Tigger didn't appear until the 1928
sequel, The House at Pooh Corner. That was 96 and 94 years ago, respectively.
Those dates are important. Under federal copyright law, you get legal rights in literary, artistic, musical, dramatic, and certain other intellectual works you create. Those rights last for a limited time. That law has changed over time, but now it's generally the life of the author plus 70 years. There are other terms, such as 95 years from the date of publication and 120 years if the author is anonymous, uses a pseudonym, or is hired to create the work (which is called a
"work for hire").
Before Disney bought them in 1961, American producer Stephen Slesinger owned the merchandising rights to all-things-Pooh in the U.S. and Canada. Pooh's red shirt was first added in 1932 for an RCA Victor picture record.
That created a trademark for the red shirt. By the 1940s, plush dolls with Pooh in his signature red shirt were being produced. When Disney acquired the merchandising rights, their animators decided to keep the trademarked red shirt. And Disney has been renewing that trademark ever since.
So if you want to make Winnie the Pooh stuff, you can. Pooh, Piglet, Rabbit, Eeyore, Kanga, Roo, and Owl are now part of the public domain. Before Disney bought them in 1961, American producer Stephen Slesinger owned the merchandising rights to all-things-Pooh in the U.S. and Canada. Pooh's red shirt was first added in 1932 for an RCA Victor picture record.
That created a trademark for the red shirt. By the 1940s, plush dolls with Pooh in his signature red shirt were being produced. When Disney acquired the merchandising rights, their animators decided to keep the trademarked red shirt. And Disney has been renewing that trademark ever since.
So if you want to make Winnie the Pooh stuff, you can. Pooh, Piglet, Rabbit, Eeyore, Kanga, Roo, and Owl are now part of the public domain.
You still have to wait another two years to start selling your Tigger t-shirts. But if you don't want to get sued, make sure your Pooh-merch isn't violating one of Disney's trademarks.
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