Will Mario Ever Enter Public Domain?
Yes, Mario will eventually enter the public domain, just like all copyrighted creative works. However, the important caveat is “eventually”. The exact timeline for this event is governed by complex copyright laws and can be a long wait. Understanding these laws is crucial to grasping when, and perhaps more importantly, what aspects of Mario will become freely usable by the public. The iconic plumber, a staple of gaming culture, is currently under the protection of Nintendo’s copyright, granting them exclusive rights to his image, games, and related media.
Understanding Copyright for Corporate Creations
For corporate-authored works like the Super Mario Bros. franchise, the copyright duration differs significantly from those created by individual authors. In the United States, for works created after 1978, the term is 95 years from the date of publication or 120 years from creation, whichever expires first. This distinction is vital for understanding when specific Mario-related properties might enter the public domain.
Mario’s Timeline and Public Domain
Super Mario Bros. was initially released in 1985. Therefore, applying the “95 years from publication” rule, the earliest that the original Super Mario Bros. game could enter the public domain is in 2080. This date, however, only applies to the specific, published version of the game as of 1985. The character Mario himself, and all that is encompassed by him such as his design in the 1985 Super Mario Bros., is also affected by this 2080 date. Subsequent games or alterations to the character, made by Nintendo, create new copyrights tied to those specific variations. This explains why different versions or games featuring Mario will have distinct entry points into the public domain. Therefore, while a version of Mario will be public domain in 2080, any of his newer iterations will be copyright protected for a longer period of time.
Not Quite a Free-for-All
Even when the original Super Mario Bros. eventually enters the public domain, it’s important to understand what will NOT be affected. Copyright protects creative expression, such as the artwork, character designs, and code within a specific game. Trademarks, on the other hand, protect branding elements like names and logos. Therefore, while the game’s code and art might be usable, you won’t be able to use the name “Super Mario Bros” or the Mario logo without risking trademark infringement. Similarly, new interpretations and designs made of Mario will continue to be protected under a different copyright.
Frequently Asked Questions (FAQs)
Here are 15 frequently asked questions about copyrights and the public domain as they relate to characters like Mario:
1. What does “public domain” mean?
The public domain refers to creative materials that are not protected by copyright or intellectual property laws. These works can be used by anyone for any purpose, commercially or otherwise, without requiring permission or payment.
2. How long does copyright last for a work created by a corporation?
In the US, for works made by corporations, copyright lasts for the shorter of 95 years from publication or 120 years from creation. This is a critical difference from works created by individual authors.
3. When will the original Super Mario Bros. enter the public domain?
Based on the “95 years from publication” rule, the earliest that the original Super Mario Bros. is scheduled to fall into public domain is January 1, 2080.
4. Does the public domain date apply to all versions of Mario?
No. The 2080 date applies to the original 1985 Super Mario Bros game and its character designs. Subsequent games and variations of Mario are separate, copyrighted works with their own, later expiration dates.
5. Will I be able to use the name “Mario” once the game is public domain?
Probably not. The name “Mario” is likely trademarked by Nintendo, and trademarks do not expire as long as they are actively used and protected. Therefore, the name will not enter the public domain.
6. Can video games ever truly be public domain?
Yes, video games are subject to copyright laws and will eventually enter the public domain. However, it is a slow process governed by copyright terms, making it rare to see a very popular title become public domain.
7. What’s the difference between copyright and trademark?
Copyright protects original works of authorship, such as art, music, and code. Trademarks protect brand names and logos that identify the source of goods or services. Both are separate forms of intellectual property protection.
8. What happens when a game is public domain?
Once a video game enters the public domain, anyone can copy, distribute, and adapt it without needing to obtain permission or pay licensing fees for the original work.
9. Can I make my own game using characters in public domain?
Yes. Once a character’s specific design, art, and story elements from a particular release enter the public domain, you are free to create new works based on those elements. However, remember that newer versions of the character may still be under copyright.
10. Is the music in Super Mario Bros also subject to copyright?
Yes, the music in Super Mario Bros. is also a copyrighted work and subject to the same copyright terms as the game itself and its original character designs. Once the game’s copyright has expired, so will the music’s.
11. Are graphical demos or “Pac-Man clones” in the public domain?
Generally, basic recreations or clones of older games that do not replicate the unique expressions of the original will not be under copyright or are already in the public domain. However, it’s best practice to avoid using trademarked names, sounds or copyrighted game art.
12. Will other Nintendo characters like Link or Zelda also become public domain?
Yes, all copyrighted creative works eventually enter the public domain, including other Nintendo characters. However, they all will have different dates, based on their initial publication or creation.
13. Why does it take so long for something to enter the public domain?
The long copyright terms are set by law and are intended to protect creators’ rights and provide them with the chance to capitalize on their work. These terms were further extended as media and its consumption evolved, lengthening copyright terms.
14. What about “work for hire” situations?
In “work for hire” scenarios, where a publisher pays for the creation of a game, copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever comes first. This is the standard for video game copyrights.
15. Can Nintendo extend the copyright term for Mario?
The United States and countries that respect similar copyright laws have established copyright terms. Copyright cannot be renewed or extended, which means that once the copyright expires it can no longer be under protection.
Conclusion
The journey of Mario to the public domain is a marathon, not a sprint. While the original 1985 Super Mario Bros. is set to have its copyright expire in 2080, many variations and further evolutions of the character and franchise will have extended copyright protection, meaning many aspects of Mario will remain under the copyright umbrella for many years to come. By understanding the complexities of copyright law, especially the difference between copyright and trademark, we can navigate the ever-evolving landscape of intellectual property and appreciate the nuances involved in the eventual release of cultural icons into the public domain. As we inch closer to 2080 and beyond, we can anticipate a future where versions of Mario and his adventures might be freely enjoyed and adapted by creators everywhere, but it is important to remember what aspects of the character are truly becoming public domain, and which remain trademarked.