“Bond. James Bond”, has become synonymous with Hollywood stardom. Since first appearing in Ian Fleming’s 1953 novel, ‘Casino Royale,’ the iconic British spy has gone on to appear in 27 films and has been played by some of the greats including Sean Connery, Pierce Brosnan and Daniel Craig. With the franchise grossing over $7 billion USD in the last 62 years, Amazon looks set to cash in on the next instalment as the new owners of the creative rights to the titular character.
While Bond fans enthuse over the identity of the next 007, and indeed whether we might see a female incumbent for the first time, Amazon may well be more concerned with the limited timeframe in which it has to make good on its investment. In 10 years, the iconic British spy novels are set to enter the public domain.
In this blog, we explore the potential impact of the James Bond copyright expiration.
Diamonds are Forever (but copyright protection is not)
Original works of art, literature, music and films are all protected by copyright. However, the exact length of protection is dependent on several factors. Under UK and EU Law, the copyright to a literary character is ongoing throughout an author’s lifetime and expires 70 years after the author’s death, at the beginning of the subsequent year. Given that Fleming passed away in 1964, the original Bond source material will enter the public domain at midnight on 1 January 2035. While this date marks the end of copyright protection, does it necessarily signify the devaluation of the 007 brand itself?
Live and Let Adapt
The practical effect of copyright expiration is that anyone will be able to use that material. Accordingly, the entry of the Bond novels into the public domain and with it, Bond as a character, could pave the way for writers, filmmakers and creators to adapt Fleming’s work. In turn, this could lead to a variety of adaptions of the spy in unofficial Bond books and films.
While it could be argued that these competing or inconsistent versions of the character could affect the quality of the 007 brand, other iconic characters have been adapted to varied success. Examples of characters that have already entered the public domain include Sir Arthur Conan Doyle’s Sherlock Holmes, AA Milne’s Winnie the Pooh, and in the USA, Walt Disney’s Mickey Mouse as he appeared in 1928’s ‘Steamboat Willie'. These characters have featured in variety of new creative adaptions.
It is important to note that it is only Fleming’s novels and the character of Bond that will enter the public domain in 2035. The films will remain legally protected by copyright and trade marks. This could create a conundrum for would-be adapters, as they must navigate the legal protections surrounding the films while still creating new content.
A View to a Good Brand Protection Strategy
As the James Bond novels will become public domain in 10 years time, it remains to be seen whether the value of the 007 brand will diminish. However, if the figure that Amazon was willing to spend on the franchise is any indication, there is still much value to be had in owning the rights to the brand.
Like Amazon, it is important that businesses have an effective brand protection strategy in place, which includes being aware of its IP rights and enforcing those when necessary.
If you would like to speak to one of our experts about your brand protection strategy, please get in touch with a member of the IP, Technology & Data team or your usual contact at Brodies.
