Whistler:
Hmm...when I think of fanfiction, I do always wonder what he would say about it.
You're sort of suggesting that this is a new thing, which it isn't.
Hergé was well aware of "fan art" etc., as he was sent it - mainly through the
Tintin magazine, as far as I can tell.
The main difference is that, a) he was alive at the time, and b) his stipulation was that there was to be no more Tintin after he died.
As a) no longer applies, and b) is in effect, that sort of answers the question.
As I understand it, he tended to be flattered that someone would bother to draw his characters, but was not keen about it happening,
per se; furthermore, he used to ask why they didn't just apply themselves to creating original characters and situations of their own?
It seems to make sense; I mean, if Hergé had taken the same approach, we'd just have a lot of
Zig & Puce fan-fic from Hergé, and no Tintin!
Whistler:
That and it's all but impossible to regulate fanworks. Take a look at any artist/fan/internet site site, and you'll find the Tintin fanworks up in the thousands!
I'm not sure what you are getting at here: thousands of cars are stolen every day, but I don't see that as a reason to abandon notions of ownership and personal property.
Whistler:
Most if not all of these people don't even know about Hergé's instructions.
Even if Hergé hadn't made such a direct request, that doesn't mean that anyone has the right to use the characters for their own ends.
number1fan:
There have been countless remakes of Sherlock Holmes from America to Russia
And they have had to be made with permission if still in copyright! The last Conan Doyle stories went out of copyright in the U.K. in 2000, but
The Casebook of Sherlock Holmes won't be out of copyright in the U.S. until 2016, possibly 2023 (I've no idea what might cause the extension, but it is possible due to one of the stories contained in it having a later copyright date).
Representatives of the now deceased (but alive at the time) Dame Jean Conan-Doyle (who inherited the rights in the character) successfully claimed against Paramount for the use of Moriarty and Holmes on
Star Trek: The Next Generation, after the characters were used without seeking permission.
Of course, once the rights have ended, there is nothing to stop the creation of new works without any permission.
number1fan:
I have heard he had the same wishes as Hergé though I can't prove this.
There never seem to have been any strictures on this, to be honest, and his estate have long authorized new works, on radio and in print initially. Indeed, his son, Adrian Conan-Doyle, actively produced new stories when he was the rights-holder.
Popeye is an interesting one; although he seems fairly "modern", compared to ACD and Holmes (and in fact appeared in January 1929 the same month that Tintin debuted), the original drawings of Popeye are all now in falling into the public domain in the EU, Elzie Seegar having died very young in 1938, a mere eight years after Conan Doyle.
In the US the copyright in these drawings doesn't expire until 2024. Furthermore, King Features Syndicate own the
Popeye trademark, and that will last beyond the copyright.
So while in the EU you can use early Seegar images on t-shirts and postcards and whatever of your own devising, even write your own Popeye strips, you can't currently do so in the US, and wherever you are you will have to wait longer to produce
Popeye brand spinach without KFS breathing down your neck. No wonder lawyers make money, eh?
To add just another wrinkle, there apparently is a chain of diners called
Popeye's in the U.S.
This is named after the character "Popeye" Doyle (no relation to Sir Arthur and Dame Jean!) in
The French Connection - a character apparently nicknamed for "Popeye the Sailor Man"!
number1fan:
if Moulinsart continue to do things like this why can't people who have been truly inspired by this be allowed to realease artwork.
As has been said elsewhere before: Moulinsart
don't have the right to authorize new work!
They are a company which has the right to exploit the works of Hergé to make money for the foundation, which is a charity.
They derive that right from Mme Rodwell, and it is she as Hergé's heir who enacts his wish for there to be no new stories, however she chooses to interpret that.
Moulinsart can't themselves do anything about that, one way or the other.