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Wikipedia:Reference desk/Archives/Miscellaneous/2021 July 24

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July 24

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Out of interest, is Olive Oyl under copyright, since her character was created before 1923? Could I legally draw and publish a comic featuring Olive Oyl? 93.136.0.43 (talk) 21:01, 24 July 2021 (UTC)[reply]

The Reference Desk isn't allowed to offer legal advice. I will note that the answer may depend on what country you're talking about doing it in, and that Wikipedia has an article on Copyright protection for fictional characters, though a note at the top suggests it may not be impartial. --184.147.181.169 (talk) 22:24, 24 July 2021 (UTC)[reply]
Although I assume that the question is purely motivated by curiosity, anyone who may consider publishing an Olive Oyl comic should do well to realize that Walt Disney Studios has deep pockets, so that you have a problem if they decide to come after you, regardless of the legality of whatever action drew their ire. Next to the copyright status of the character, one should also consider the copyright status of the countless visual representations of the character that have been produced much later than 1923. Her appearance certainly changed; she got taller and markedly more skinny since her first appearances. I suspect (IANAL and TINLA!) that a comic based on an anthropomorphic bottle with the name "Olive Oyl" may be safe, but a recognizable drawing may infringe on the copyright of later drawings.  --Lambiam 22:53, 24 July 2021 (UTC)[reply]
Don't know what Disney has to do with it; Popeye isn't one of theirs. --jpgordon𝄢𝄆𝄐𝄇 23:15, 24 July 2021 (UTC)[reply]
You want King Features Syndicate. Not every cartoon character is owned by Disney. JIP | Talk 03:35, 25 July 2021 (UTC)[reply]
To be fair, the 1980 movie Popeye was produced by Disney.--Khajidha (talk) 13:51, 25 July 2021 (UTC)[reply]
Even if the copyright on the various stories has run out, there would still remain the problem of trademarks. You might be able to write and publish stories about "Olive Oyl" but still be prevented from using that name on the cover of your publication or in advertisements for it. --Khajidha (talk) 23:12, 24 July 2021 (UTC)[reply]
This is certainly not a WP:RS, but useful. --jpgordon𝄢𝄆𝄐𝄇 00:41, 25 July 2021 (UTC)[reply]