Will Mario Ever Enter the Public Domain? Understanding the Copyright Maze of Nintendo’s Icon
Yes, Mario will eventually enter the public domain, but not anytime soon. The short answer is that the specific copyright protection for Super Mario Bros., the game that launched Mario into superstardom, is expected to expire in January 2082. This extended timeline is due to the intricacies of copyright law and the fact that Nintendo, the game’s creator, is a corporation. Understanding why Mario is protected by copyright and how this protection works is crucial for anyone interested in intellectual property, video game history, or just the future of this beloved character. Let’s delve into the details and explore some related questions.
The Long Road to Public Domain
Copyright protection isn’t forever. It’s designed to provide creators with a period of exclusive rights to their work, encouraging them to innovate and share their creations. But these protections eventually expire, and the work enters the public domain, meaning anyone can use, adapt, or distribute it without permission or payment. For works created by individuals, copyright generally lasts for the life of the author plus 70 years. However, things change when the creator is a corporation like Nintendo.
In the case of corporate authorship, the copyright term is different. For works created after 1978, copyright protection for corporate entities is the shorter of 120 years from the date of creation or 95 years from the date of publication. Since Super Mario Bros. was first published in 1985, the 95-year rule applies, which brings us to the year 2082. This distinction is critical to understanding why Mario won’t be freely available anytime soon.
Why Does Copyright Exist?
Copyright exists to provide creators with an incentive to create. It protects their works from being copied or used without their permission, thus fostering artistic and creative endeavors. This protection includes video games, characters, music, and all forms of creative expression. Without copyright, the market for creativity could be drastically reduced.
What Does Copyright Protection Entail?
Copyright provides the owner with exclusive rights, including:
- Reproduction: Making copies of the work.
- Distribution: Sharing copies of the work.
- Public performance: Performing the work publicly (e.g., showing a video game at an event).
- Public display: Displaying the work publicly (e.g., displaying character art).
- Derivative works: Creating new works based on the original (e.g., creating a new game featuring Mario).
Nintendo, as the owner of the Super Mario intellectual property, has the sole right to authorize these actions. Any unauthorized use of the Mario character or any game related to it is a potential violation of Nintendo’s intellectual property rights.
Beyond Copyright: The Trademark Angle
While copyright protects the specific artistic and creative aspects of the Mario franchise, trademark protects brand names and logos. For example, the name “Mario” and the image of Mario are both trademarks owned by Nintendo. Trademarks help consumers identify the source of a product or service. Even when Mario’s copyright expires, the trademarks will still be in effect, preventing other companies from using the character’s name and likeness to create a product that could confuse the market.
Can You Use Mario’s Image on Your Website?
Not without potential legal risks. The image of Mario is trademarked by Nintendo. Using it on your website, especially if it relates to gaming, could lead to trademark infringement, as it could imply your website is endorsed or part of Nintendo. This is a very important distinction between copyright and trademark.
Frequently Asked Questions (FAQs) About Mario and Public Domain
Let’s delve deeper with some frequently asked questions to provide a clearer picture:
1. When will Super Mario Bros. enter the public domain?
As discussed above, Super Mario Bros. is scheduled to enter the public domain in January 2082, 95 years after its initial release.
2. Does copyright only apply to the games, or also to the characters?
Copyright protection extends to the characters themselves, such as Mario, Luigi, Princess Peach, and others. This means that the unique designs and attributes are all covered under copyright.
3. Is Mario’s full name “Mario Mario”?
Yes, it was officially confirmed in 2015 that Mario’s full name is Mario Mario.
4. What about other Mario characters like Yoshi? Are they also copyrighted?
Yes, characters like Yoshi are also protected by copyright owned by Nintendo. Using these characters without permission is an infringement of their intellectual property rights. Yoshi’s full name is officially T. Yoshisaur Munchakoopas.
5. How does the copyright term differ between individual creators and corporations?
For an individual, copyright lasts for the life of the author plus 70 years. For a corporation, it lasts for either 95 years after publication or 120 years after creation, whichever is shorter.
6. Is it true that old video games become public domain even if they’re no longer sold?
No. Copyright doesn’t expire just because a game is no longer commercially available. The copyright remains valid until it expires based on the rules discussed above.
7. Does Nintendo own all rights to the Mario franchise?
Yes, Nintendo owns all intellectual property rights related to the Mario franchise, including copyrights and trademarks.
8. Can I make a fan game using the Mario character?
Technically, this would be a copyright infringement. While many fan creations exist, Nintendo could take legal action if they chose to do so, though often they do not as long as it is clear that the game is fan-made and not sold for profit.
9. What are the differences between copyright and trademark protection?
Copyright protects the expression of an idea (like the design of Mario), while trademarks protect brand identifiers (like the name “Mario”). Both are types of intellectual property but provide different protections.
10. When did Mario first appear?
Mario first appeared in the 1981 arcade game Donkey Kong, originally known as Jumpman. He was called Mario later in 1983, and his breakout game, Super Mario Bros., was released in 1985.
11. Is the name “Princess Peach” trademarked?
Yes, like Mario’s name, Princess Peach’s name is also trademarked by Nintendo. Her full name is Princess Peach Toadstool, although she’s casually called either Princess Peach or just Peach.
12. What was Mario’s first girlfriend?
Mario’s first girlfriend was Pauline, originally known as Lady, from the game Donkey Kong.
13. Can Nintendo extend or renew their copyright for Mario?
No, copyright terms are set by law and cannot be extended or renewed once they expire. While laws have been revised in the past to extend existing copyrights, this cannot be done retroactively. The 95-year duration is fixed.
14. Is any part of the Mario franchise currently in the public domain?
No. Since Super Mario Bros. and its characters are still protected under copyright, no part of this specific franchise is yet in the public domain. This also applies to the visual elements and music within the games.
15. Will the characters from the Mario franchise ever be completely free to use, beyond trademarks?
Yes, when the current copyright protections expire, the underlying characters and their designs will indeed enter the public domain. However, the trademarks for the names and logos will remain in effect. This means while you can create your own interpretations of the characters, using the established brand names for commercial purposes will still be restricted.
Conclusion
While Mario won’t be entering the public domain until 2082, the long wait is a testament to the power of copyright law in protecting creative works and incentivizing innovation. Understanding the intricacies of copyright, especially for corporate works, is important for appreciating the delicate balance between ownership and creative freedom. While fans will have to wait many decades before being able to freely use the character and his world, the delay highlights the importance of respecting intellectual property rights. The Mario franchise remains a beloved cultural icon, and while his copyright is still active, you can explore, enjoy, and celebrate Mario in countless ways – just make sure to respect Nintendo’s intellectual property rights.