Let my characters go!
The other day, I sat down to work out some ideas on paper, and I kept drifting back to the character of Dr. Fu Manchu, the infamous creation of pseudonymous author Sax Rohmer. I enjoy the Fu Manchu books and have an abiding affection for the character, even as the brigade of cultural scolds continues to warn about the moral corruption of anyone engaged in that kind of wrongthink.
The overreaching Sax Rohmer estate has stifled my desire to write a Fu Manchu novel or a series of short stories. Despite Fu Manchu being in the public domain, the estate’s misuse of trademark law has effectively barred writers like me from using the character. This blatant abuse of power is a direct threat to our creative freedom.
Much the same situation exists with Zorro. The character is unquestionably in the public domain. Still, Zorro Productions Inc. has turned trademark trolling into an art form, suing anyone who creates so much as a character reminiscent of Zorro, let alone using Zorro himself.
It’s important to reiterate: Dr. Fu Manchu and Zorro are characters in the public domain. Claiming perpetual ownership of characters that are part of our cultural heritage distorts the intended purpose of copyright law. This abuse is even more egregious than Disney’s efforts to extend copyright law to protect Mickey Mouse. While Rohmer’s estate and ZPI may control works still under copyright, they have no right to suffocate our collective creativity.