On its way to becoming one of the biggest Broadway adaptations of all time, the film Wicked is taking the world by storm. With such brilliance and recognition, one might wonder, what are the possibilities for intellectual property protection in such an artistic undertaking?
.png)
Copyrights
While we won’t harp on the well-known copyrightability of the wonderful songs, one often overlooked aspect of copyright law is what enables so many artistic works to be about the world of Oz without infringing any of the earlier works. Of course, there can be licensing agreements that allow for this to happen, but it’s important to note that the musical Wicked and its film adaptation both originate from the book Wicked written by Gregory Maguire published in 1995, not the 1939 film. When the book was written, copyright on the original children’s novel written by L. Frank Baum published in 1900 had already expired, releasing the novel into public domain. That is what then allowed creatives like Maguire to come up with their rendition of the characters and the world of Oz in the wave of artistic works that followed. (On the other hand, the 1939 film did require a license from Baum’s book!)
Trademarks
What about the name of the film: Wicked? And the artistic illustration the title? And the phrase “Defying Gravity”?
When it comes to words, names, and symbols, we enter trademark land. Spoiler - all of the above ARE registered trademarks, including both the name of the movie and the musical’s illustrated titles!
As vital pieces of branding strategy and main events of licensing agreements, trademarks serve as source identifiers of goods and services for consumers. While you certainly can register for a trademark for federal recognition and protection at the USPTO, there are also common law trademark rights that attach as soon as you start using the mark in commerce in connection with your goods and services. For example, even the combination of the pink and green contract can potentially be grounds for trademark rights: colors can also be protected if they have become associated with a particular source. Some known (and court won) color marks include Tiffany’s blue, UPS’ Pullman brown, and John Deere’s green and yellow combination!
Patents
Finally, perhaps the least obvious, with the abundance of uber futuristic technology like VR and AI, it’s easy to forget that something as grounded and artistic as musicals can inspire patentable inventions!
Even as early as 1895, a patent (US533167A) was granted on theatrical stage mechanism used to create an illusory effect that multiplies the reflections of dancers.
Additionally, apart from the more commonly known patent type, utility patents, which are patents that cover processes, machines, manufactures, or composition of matters, there’s the lesser-known option of design patents. Design patents grant protection to ornamental designs of articles of manufacture, which can cover anything from the design of a steering wheel to the design of a dress (think Glinda and Elphaba’s magnificent dresses).
Although it takes time to obtain a design patent (approximately 22-30 months), with an allowance rate of 81.6% and the rise of dupes, more and more fashion brands are turning to design patents to protect their timeless creations!
Written by: Olivia J. Huey