Everything a Screenwriter Needs to Know about Characters in Public Domain

The use of time-tested measures and familiarity in the creation of characters and storylines is nothing new to Hollywood screenwriting. There’s a saying “Everything’s been done before” and it’s true. But when it comes to characters in public domain? There are ways that screenwriters can take what’s “been done” and evolve it into something truly amazing and never before seen. Some of today’s best screenwriters know that they can draw inspiration from characters in public domain. To produce an entirely unique work of art that has an underlying familiarity that producers will value and your audience will love.

When it comes to the use of characters in public domain, there’s more to the process than just a rinse and reuse method. While it may be easier from a producer’s perspective to use what’s already available and to draw additional attention around a character.

That was previously known for its success and following. Screenwriters realize that even writing based on a pre-existing character in public domain there are potential risks for copyright issues. 

So, before you head over to the public domain to start drawing your inspiration from the world of pre-existing character references which exist there. Including Alice from the Alice’s Adventures in Wonderland, Dracula, Robin Hood, and Sherlock Holmes.

Make sure that you’ve taken the time to establish an understanding of how you can accomplish the creation of something new. From something borrowed that has already been done by another creator in the past. 

What is the Public Domain?

When it comes to the ownership of copyrighted works and literary property including characters, stories, and films, the copyright owner generally maintains the right to decide how, when, and why or why not a work can be used by another creator.

If someone that does not have ownership interest or “rights” to the work attempts to use the work as their own or to create other works that utilize the original works in such a way that embarks upon infringement of the original work.

The owner has a right under Copyright Law to protect. There are laws in place to protect owners when someone else infringes on their work.

Expiration

However, after a set period of time, a copyright and the ownership to rights that come with the protection of a copyright will expire. When this occurs, a work and its likeness become public domain.

This means that the work is no longer owned or controlled by anyone and that the public may use the work or elements of the work such as characters in their own works without seeking permission to do so first.

Basically, the public domain is a library of works that are free to use by the public in any manner they wish – for the most part.

When is it Public Domain?

Now this doesn’t mean that public domain is an open source of works to be used by anyone right from the start. Some works do fall into public domain right away. As soon as they are created. While others do not become public domain until a certain time period has passed.

Still other works might belong to the original creator until their death. At which time the work becomes owned by the heirs and potentially do not reach public domain for many years.

Characters in Public Domain

While the boundaries on public domain are vague and vary greatly based on the type of work, and the copyright ownership of the work. As well as various other situations. It’s still very important to understand how works can and do become open and available for use by the public.

Copyright laws are incredibly protective of the original creators of the works that are copyrightable. And therefore it is very important for filmmakers, and screenwriters especially, to understand what is and is not public domain.

Time Period

Characters, specifically, become public domain after a period of between about 50 and 120 years. Depending on the work that the character is originally featured in. As well as other factors.

But it’s not enough to just look back and say “This character is from a book that was published in 1900. Therefore in 2020 it must be public domain.

While yes, 120 years would have passed. There are ways to extend copyright. Characters further protected by trademark laws. Or other instances which may prevent a character from becoming public domain automatically.  

Double Check

Say you’re a screenwriter that’s looking to use tried and true characters in public domain for your next screenplay. It’s very important for you to check carefully! To determine whether or not the character is in fact public domain.

It’s equally important to keep in mind that your recreation of the character must be based on the original character that is public domain. And not on a subsequently created character which may not be public domain.

Consider This

For example, you might find that “The Little Mermaid” is public domain. Thus, the character from the original story is public domain and free to be used as a basis for a new film or story.

However, the original book “The Little Mermaid” and the characters contained within did NOT include a singing mermaid with red hair and underwater friends named Flounder and Sebastian. You see where we’re going with this? 

If you were to create a film or a screenplay that utilized “The Little Mermaid” for character purposes? You must NOT base that character off of the Disney film and their depiction of “The Little Mermaid.”

Your character would need to be based on the original mermaid character that you found in public domain from the original book, not the Disney film.

Why Screenwriters SHOULD Use Characters in Public Domain

Now you’re probably wondering! It’s complicated and there are so many potential risks. That you could muster up ideas and inspiration that are not from the original works that are public domain. But instead from works that have come subsequently.

Such as in the case example above on “The Little Mermaid”. Then why should I even consider the use of characters in public domain?

The Takeaway

The truth is, producers look for similarities in screenplays that have tried and true outcomes. They want to see something that has worked in the past come about so that it can work again. When it comes to the saying “Everything’s Already Been Done Before.”

As true as it is, producers look for a tried and true scenario. Because they know that some stories, some plots, and some characters simply click and connect with audiences. And they want to see that.

So, why should screenwriters use characters in the public domain if they’re still going to have to determine copyright rules? And whether or not they’ve taken the right steps in incorporating only a character that is truly public domain?

Because a screenplay that incorporates characters in public domain that have a unique twist on an otherwise tried and true concept is one way that you can take a proven path to success in the work that you create.