This week sees the highly anticipated UK release of the film Wicked.
A movie based on a Broadway musical, adapted from a book created as a fanfiction prequel to L Frank Baum’s novel The Wonderful Wizard of Oz, which is most famously known for being adapted into—that’s right—a movie.
That’s a lot to unpack. Even more so when you start trying to unravel the copyright law (and lore) behind this famous franchise.
Follow the yellow brick road
If you’re a fan of Judy Garland’s 1939 technicolour movie but unfamiliar with the musical, you might leave the cinema a little confused. Namely, why are Dorothy’s famous ruby slippers silver?
To answer that, we need to take it all the way back to the beginning.
Baum’s original work, The Wonderful Wizard of Oz was published in 1900 and entered the public domain in 1956 after its copyright expired.
Prior to this, MGM Studios bought the movie adaptation rights to the book in 1938 and produced the film we know and love today.
It is celebrated for its use of technicolour, which was in its infancy at the time, and it’s the use of this medium that led to its biggest deviation from the source material, and it’s why you won’t see the ruby slippers in the new Wicked movie.
In the book, Dorothy’s slippers are silver, but they simply didn’t show up well in technicolour, so the decision was taken to make them ruby red – and the rights to that distinct look (including the sequined design) are owned by MGM (now Warner Brothers).
Basically, anything in the book (which is out of copyright) is fair game, but anything created specifically for the movie (which is still protected) is not!
You’re gonna be popular
Wicked, published in 1995, is based on Baum’s book (not the MGM movie) and was adapted into the smash hit Broadway musical Wicked in 2003.
It is a hugely popular piece of media outside its connection to The Wizard of Oz and is a copyrighted work in its own right as well as having other various other intellectual property (or IP rights) attached to it.
Universal, the studio producing the movie, has exploited this IP across a range of Wicked collaborations, including fashion, beauty, lifestyle, toys, publishing and merchandise.
After the success of Barbiemania earlier this year, it is no surprise that they’ve chosen to use the lucrative licensing and partnership opportunities the release of the film brings.
Protecting your intellectual property
We can all learn a lesson from this, particularly when it comes to protecting and monetising your own intellectual property.
Our IP Health Check is designed to help you uncover your IP’s potential and vulnerabilities, giving you not only peace of mind but also information and advice you can use to build your IP strategy for future growth.
For further information on commercialising your intellectual property assets, booking a free IP health check consultation or if you are unsure whether your intellectual property rights are adequately protected, contact Tom Justice using [email protected] or 0191 211 7913.
