Johnston, whose latest project is a Netflix animated adaptation of Roald Dahl's “The Twits,” says, “The biggest limiting factor right now is that almost everything that anyone wants is has to be from existing IP.” And that original ideas are terrifying, especially for marketers, because they have to work harder to get them into the public's mind. What a shame.”
Shakespeare, Dickens, and Austen have been public-domain gold mines, while others have been challenging. The new film "Wicked," starring Ariana Grande and Cynthia Erivo, will use Frank Baum's Oz, filtered via a hit novel and Broadway production, to capitalize on the 1939 "Wizard of Oz" film's classic reputation. Most previous attempts failed, including Disney's 2013 "Oz the Great and Powerful."
Disney pioneered public domain success. Disney transformed folktales and books into modern masterpieces with “Snow White,” “Pinocchio,” and “Cinderella” in its early decades. It would later become the main defender of entertainment's most precious rights, from Marvel to Star Wars to its own material. That has led to a boom in fan art and stories, which the firm has mixed feelings about.
“When you look at how the Disney organization actually engages with fan art, there’s a lot of looking the other way,” says author and activist Cory Doctorow, who promotes public ownership. “I always thought there was so much collaboration opportunity not being taken.”
He saw binders of fan-fiction bios of Disney World's Haunted Mansion ghosts kept by the teens who work there while working with the Imagineers. “Some of it actually is now part of the lore,” says Doctorow. “I think that organization embraces creativity. I think commercially it's a struggling company.”
Bob Dylan and other musicians lobbied Congress to extend copyright by 20 years in 1998. Younger musicians, surrounded by sampling and remixing, did not demand additional extension. This may be because many make little from recorded music in the streaming era.
According to Jimmy Tamborello, who records and performs electronic music as Dntel and as part of The Postal Service, artists are often pleased to let others use their work. Companies that come between them and profit most are the issue. “There’s always a corporation involved,” Tamborello says. I doubt anyone would care if it was artist-to-artist. I wish it were more open and free. It seems to be about appreciating the original work.”
He adds it was “really exciting” when Lil Peep sampled his hook from The Postal Service's best-known song, “Such Great Heights,” on YouTube and Soundcloud before he had legal permission to use it on an album. Johnston thinks age and experience have made him less bossy about his work.
“Earlier in my career, everything was offensive. Everything made me angry and say, "That was my idea!" That should have been my credit!" he says. I don't want to say I'm easygoing, but I think there are few creative ideas. We'll all have similar thoughts eventually. Therefore, it doesn't worry me."
His attitude alters if the re-maker is AI. That was a crucial issue in last year's Hollywood writers and actors strikes, and remix culture, together with copyright expirations, might modify the visage of classic characters in ways no one has ever imagined. “If a writer feels for me, it’s fine,” Johnston says
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