Breogan
My other Avi is Gaucho Mickey
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I think it's all public domain. It's just the matter of putting down the money. Just like how anyone can make a Frankenstein or Tarzan movie but there are factors (budget and profit) that play into it. And of course, Sherlock is everywhere.
Though studios, if they could, can copyright certain imagery of public domain characters. Like Universal owns the rights to the 2 bolts to Frankenstein's neck.
I'm pretty sure Zorro is in the public domain. But it seems until now not many were interested in another take on the classic story. Fox had it for a while but let the right's pass onto the current producers. Who are doing this near futuristic take on it.
As far the Zorro being Public Domain, I'm no expert, and hopefully someone here can explain this better than I can, but I believe it's more nuanced than what some are suggesting.
I believe some rights have been extend further back (effects of Disney powerful lawyers protecting Mickey Mouse have extended to others who can show they have protected their own characters, like ZPI with Zorro).
And even then just because an original work has entered "public domain" does not automatically mean that certain aspects derived from it aren't still protected by rights holders McCulley / Gertz Zorro Production Inc.'s trademarks and other things they own.
For example I believe you have the right to re-publish and sell your own exact copies of the (1919) Curse of Capistrano (I believe several publishing houses do) as well as right to copy and publish several of the other original Zorro Argosy stories. As well as copy, and sell, your own DVDs and broadcast the original (1920)Fairbanks Mark of Zorro. Those are indeed public domain.
But that's just right to copy and disseminate already existing material.
Not necessarily produce and sell new material based on it.
Much of what the character has become and has been marketed as since then, much of the iconic imagery and tropes that constitute "Zorro" may be trademarked by Zorro Productions Inc.
ZPI still owns rights to certain material and ideas derived from those original works, including certain names, the look of things/characters, and visuals and concepts all associated with the character through materials they licence.
That also includes more modern to contemporary material they once produced and are producing, which may include things like the Disney Material and visuals, The modern Mask of Zorro with Sonny/Amblin, the Allende Novel they produced, the current Dynamite characters and stories, etc.., they license allot.
It's likely not just OK to "copy" or reference anything similar to what they are doing, material which resembles what they trade marked; Movies, Comics, merchandise etc.. You do have to get the license from them.
Or ultimately a court would have to decide where/if you crossed their line.
I'm not arguing right or wrong either way, but this was a somewhat recent article from hollywoodreporter on a case - http://www.hollywoodreporter.com/thr-esq/judge-nixes-playwrights-bid-free-744883
The lawsuit was tossed before it even got to their argument of "trademark" protection.
I believe both Zorro films currently in production are licensing through Zorro Productions Inc.
As well as the current Zorro Dynamite comics.
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