Is the Wizard of Oz in the Public Domain?

The classic American story, The Wizard of Oz, has captivated generations of readers and moviegoers. But has this beloved tale and its film adaptation fully entered the public domain, or does it still fall under copyright protection?

The Origins and Copyright Status of the Original Book

The original book, The Wonderful Wizard of Oz, published in 1900, laid the foundation for the magical tale of Dorothy and her adventures. According to U.S. copyright law, the period of copyright could initially extend for 56 years from the date of first publication, provided the copyright was properly renewed. Under the 1909 U.S. Copyright Act, the story entered the public domain on January 1, 1956, unless renewed.

Copyright Renewal and Extensions

As copyright terms evolved, they were extended to 75 years from the date of first publication in 1976, and then both to 95 years from the date of first publication in 1998. Notably, neither of these extensions revived expired copyrights. However, beginning in 1978, all copyright terms were extended to the end of the calendar year, meaning works would enter the public domain on January 1 of the following year. This rule did not apply under the 1909 U.S. Copyright Act.

International Copyright Status

In other countries, the copyright status of the original book proved to be more complex. As L. Frank Baum, the author, died in 1919, the book entered the public domain in most countries on January 1, 1970, for Life Plus 50 countries, or on January 1, 1990, for Life Plus 70 countries. These dates were primarily due to the Berne Convention, which the U.S. joined in 1989, setting the minimum copyright term to life of the author plus 50 years.

Notable Caveats for the MGM Movie

The 1939 movie adaptation of The Wizard of Oz, produced by MGM, is a different story. Despite the book itself entering the public domain, the movie remains under copyright protection. This is due to the fact that the screenplay, music, and various elements created for the film are still protected by copyright. According to current U.S. law, the 1939 movie will not enter the public domain until January 1, 2035, 95 years after its first publication. This protection will then extend until the end of the calendar year.

Public Domain Status for Silent Films

While the original book and many of its sequels have entered the public domain, the same cannot be said for the film adaptations. Out of the numerous film versions, only five silent film adaptations are currently in the public domain. The 6th silent film version will enter the public domain on January 1, 2021. As for the 1939 film adaptation, it will remain under copyright until at least 2035, barring any further copyright extensions or legal changes.

Conclusion

To summarize, while the original book The Wonderful Wizard of Oz is in the public domain in the U.S., its 1939 film adaptation remains under copyright protection and will remain so until 2035. Understanding the nuances of copyright law, especially with the various changes over time, is crucial to determining the public domain status of beloved stories and their adaptations.