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Tintin enters the public domain in the United States, but not in Europe

Tintin enters the public domain in the United States, but not in Europe

Is Tintin soon going to set off on new adventures, far from Snowy and Captain Haddock, and especially far from their beneficiaries? In theory yes, because for almost twenty-four hours, the Belgian reporter has entered the public domain with others across the Atlantic. The first versions of Tintin – and incidentally Popeye – can now be reproduced on goodies, or used in the United States in comics, films or series, without having to go through the authorization box – to ask the beneficiaries – and especially without having to pay a royalty.

But this does not apply in France and Europe, where the laws that protect comics, books, songs, films and paintings after the death of their author differ. In the United States, copyright law applies up to 95 years after the publication of the works, for works distributed before 1978. However, Tintin in the Land of the Soviets, Hergé's very first album which tells the adventures of the reporter during the time of the USSR, was published in 1929. The first version of Popeye also enters the public domain in the country.

In theory, these two characters – in their first versions – can therefore be freely copied, shared, reproduced or adapted across the Atlantic since January 1, 2025, confirmed the Center for Public Domain Studies at Duke University Law School in North Carolina. The organization publishes each year a list of the many new characters or works that are copyright-free.

Tintin protected in France for another 30 years?

But this only applies to the United States, not to France – and Europe. In France, works are protected for the life of the author, and 70 years after his death. The Belgian author HergĂ© died in 1983: copyright protection for his comics will therefore apply until 2054, well after the United States.

Since entry into the public domain is geographically limited, it is difficult to see a director or author embarking on a new adaptation of Tintin knowing that he will not be able to distribute it in Europe. Not to mention that the rights holders will be able to continue, after this date, to oppose certain uses of the works in France, by asserting "moral rights", a prerogative that does not seem to exist across the Atlantic.

Tintin could therefore escape for the moment the fate of characters who have recently entered the public domain: that of sparking a wave of horror films, like Winnie the Pooh and Mickey Mouse, who lost their copyright protection in 2023 and 2024 respectively. But you will soon be able to discover a frightening version of Popeye who, although he has only just entered the public domain, no longer seems to be protected by (American) copyright for several years.

Popeye, the new star of horror films?

As the Center for Public Domain Studies at Duke University Law School explains on its website, its American author Buck Rogers and his rights holders have apparently not renewed copyright in the country.

Unlike in France, where the author does not need to file an application with a registry, creators must apply for copyright to benefit from copyright protection across the Atlantic. And they had to renew it after a certain number of years, for works published before 1978, which was not the case for Popeye, according to the site. Result: three horror films featuring a more than frightening Popeye are, according to the site Comic Book Movie, already in preparation.

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