Hergé: When does copyright in his work expire?

kirthiboy said:
I had heard someone say that Moulinsart's copyright over Tintin would expire
Sorry to add to such an old thread, but people are talking as if Moulinsart own the copyright to Tintin.

As far as I can tell, they don't.
They have rights to exploit Tintin commercially, but the copyright itself is owned by the Fondation Hergé. If I am right, this is only a minor point, but important, I feel.

It could be that it is the contract between the Fondation (which is non-profit making, educational, charitable etc.) and Moulinsart (which is profit making, commercial etc.) which expires in four years.

We know that the relationship between the two entities is virtual symbyosis, as the Rodwells are the driving force behind each, so the chances of an expiry not leading to an automatic renewal must be virtually nil.

However, one cannot set aside the notion that perhaps there may be some practical reason why a contract should lapse, e.g. by forming a new company and granting the rights to them, there might be tax benefits or such – pure speculation, but just a thought to ponder.

I thought copyright lasted until 60 years after the author had died? But I think it can be extended
Rik

Hmmm...
Well, I just looked at the copyright info for The Secret of the Unicorn (Swedish), and it says:
Art Copyright 1946 by Casterman
Copyright Renewed 1974 by Casterman
So, they must have some way of renewing the copyright.
-Gustav

Complicated subject.
Copyright has many criteria by which it might lapse and the work become public domain.
For most of the world, including Belgium, it's 70 years after the author has died, which in this case will be 2054!
It's funny jock123 because I was thinking this exact same question myself few days ago!
I did a bit of research and I found this site quite helpful as it contains links to the copyright law for every country in the world.

Why 2054?
Hergé died in 1983. 1983 +70 = 2053. It's one year less.
For me, it will certainly make a big difference, I'll be 93 years old (instead of 94!).

But does Hergé own the copyright on his work?
Rik

The copyright will expire after the full year has passed; this is to keep things neat and easy - all copyrights for anyone who died in 1983 expire at the same time.
As Hergé died during 1983, his copyright will expire the next New Year's day, January 1st, 2054.
I'll be 88, a mere spring chicken!

I don't know what the copyright law in Belgium is, nor what enforceable international copyright protections are, but I do know that a number of years ago, a Disney lawsuit changed the whole copyright landscape, and locked up a bunch of their stuff in practical perpetuity, that was presumably coming up on public domain access.

Moulinsart being, in a certain sense, very much like Disney in its protection of the signature characters, the stories and etc., I imagine they'd take advantage of the precedent. Different game now.

Also, why would Spielberg try so hard to make a deal with Moulinsart for Tintin movies if the franchise were to hit public domain in four years?
If so, he could do his thing and still beat out anybody poised to swoop down on it when the clock ran out.

Bear in mind, Tintin as a character may be 75 years old... but the last Tintin adventure was published in 1976. And that's only 28 years.

Also, bear in mind, we're not just talking about copyright. We're also talking about trademarks. Whole different set of laws, dealing with a whole different set of criterea.
And, speaking as an American, I am told that in many European countries, Tintin is as ubiquitous and consequential a trademark as Mickey Mouse.

No, I think Tintin will be protected for our lifetimes. At least ...

I can't wait until I'm 83, I plan to flood the market with my public domain Tintin memorabila! ;-)
Rik

Well I think what Hergé said about Tintin was right - mostly.
Tintin was his biggest achievement and after all those years he probably felt like he knew Tintin personally and it had become part of him - I could understand why he wouldn't want other people to try and redraw it.
If only Hergé had had an apprentice or something, who learned from him ;)