Understanding Copyright and the Public Domain: Lessons from The Wizard of Oz

Copyright law, established by the United States Constitution, grants creators exclusive rights over their works for a limited period. This legal protection allows authors, musicians, artists, and others to control how their work is used, distributed, and monetized. Copyright starts as soon as a work is created and fixed in a tangible form, such as a manuscript, painting, recording, or photograph. However, copyright protection is not indefinite. Once it expires, the work enters the public domain, where it becomes freely accessible for anyone to use without permission from the original creator.

Copyright Duration and Public Domain Guidelines

The length of copyright protection depends on several factors. For most works created after 1978, copyright lasts for the life of the author plus 70 years. For anonymous or pseudonymous works, or works made for hire, the term is 95 years from publication or 120 years from creation, whichever comes first. When this term expires, the work enters the public domain and becomes available for public use without needing licensing or permission. Understanding when a work enters the public domain is important because once copyright protection expires, the work can be used, copied, and adapted by anyone.

The Wizard of Oz and the Public Domain

A prime example of a work transitioning into the public domain is L. Frank Baum’s The Wonderful Wizard of Oz. Originally published in 1900, this beloved children’s novel introduced readers to Dorothy, the Scarecrow, the Tin Man, and the Cowardly Lion. Baum’s Oz stories became a cultural phenomenon, inspiring a 1902 Broadway musical and the iconic 1939 MGM film The Wizard of Oz.

In 1956, 56 years after its publication, The Wonderful Wizard of Oz entered the public domain. This allowed the original story and characters to be used freely, inspiring new creative works such as The Wiz, an African American adaptation starring Michael Jackson, and Gregory Maguire’s Wicked, which reimagines the story from the perspective of the witches. Wicked later became a successful Broadway musical, further showcasing how public domain works fuel modern creativity.

However, while Baum’s original Oz books are in the public domain, later adaptations may still be protected by copyright or trademark law. For instance, MGM’s 1939 film introduced iconic elements like Dorothy’s ruby slippers, which are trademarked. In Baum’s original novel, Dorothy’s shoes were silver, but the film changed them to ruby red. Therefore, while authors can freely use Baum’s Oz characters, they must avoid copying elements unique to the MGM adaptation, such as the ruby slippers.

Conclusion

Copyright laws are designed to protect creators and ensure they are compensated for their work, but these protections are temporary. Once a work enters the public domain, it becomes available for others to use, adapt, and reinterpret, often leading to the creation of new works. The Wizard of Oz demonstrates how works in the public domain can continue to impact culture over time, inspiring new creative expressions while retaining their classic allure.

Sources:

BEST PUBLIC DOMAIN CHARACTERS YOU CAN USE, CharacterHub, 41, April 3, 2024, https://characterhub.com/blog/character-resources/public-domain-characters.

The Lifecycle of Copyright, U.S. Copyright Office,  https://www.copyright.gov/history/copyright-exhibit/lifecycle/.

The public domain, University of California Copyright, https://copyright.universityofcalifornia.edu/use/public-domain.html.

The Wiz, IMBD, https://www.imdb.com/title/tt0078504/.