In Uncle Sam’s country, the rule says, for creations before 1978, that 95 years after its publication or disclosure, a work falls into the public domain. This year, this is the case for Maurice Ravel’s “Boléro”, for Farewell to arms d’Ernest Hemingway, The sound and the fury by William Faulkner or the character of Popeye, the famous “Rhapsody in Blue” by George Gershwin and the first version of the song “Singin’ in the Rain” by Arthur Freed and Nacio Herb Browon, popularized by Cliff Edwards and Joan Crawford in the musical film Hollywood sings and dances released in 1929.
Tintin pirates sentenced
No question of making Tintin what we want
In total, thousands of works made public in 1929 are affected. And among the characters who enter the public domain, appears the name of… Tintin. Indeed, Hergé’s hero took his first steps in The Little Twentiethyouth supplement of the newspaper The Twentieth CenturyJanuary 10, 1929. Destination: the country of the Soviets. The album will be released the following year.
Does this mean that we can now make Tintin whatever we want? Not so fast. First of all, it’s only Tintin in the Land of the Soviets which falls into the public domain. Then, the list of works drawn up by Duke University only concerns the United States. Finally, the rules are different in Europe. In Belgium, you have to wait 70 years after the death of the author or creator for a work to be free of rights. In our country, the character of Hergé will not be there before 2054, George Remi having died in 1983.
Tintin: the real Brusselleir
There is a difference between American and non-American authors
For Tintin, it’s even a little more complicated. Not that it benefits from any particular protection, but the legislation that applies takes into account an additional parameter: the nationality of the author. Indeed, the 95-year rule only applies to American nationals, explains Alain Berenboom, specialist in intellectual rights, interviewed by RTBF. For non-American authors, the Berne Convention prevails. And it mentions that non-American works fall into the public domain in the United States 50 years after the death of their author. Or in 2034 as far as Hergé is concerned.
It is therefore incorrect to say that Tintin has fallen into the public domain across the Atlantic. It remains protected there for another ten years. And thirty years in Belgium.
And Ravel’s “Boléro” then? Its composer was French. Yes, but he died in 1937, well over 50 years ago.
Stéphane Steeman was a real Tintin fanatic!
Tintin is not synonymous with jackpot in the United States
If by chance Tintin had indeed entered the public domain in the United States this year, what would have happened? Probably not much. First, because alone Tintin in the Land of the Soviets would have been concerned. Not sure that this really tickles the imagination of filmmakers and other businessmen who would like to make derivative products from it. Disowned by Hergé himself, this album goes unnoticed in the work of Georges Remi.
“Hergé, Tintin and the Americans” dissects the third album of the adventures of Tintin
Then, who would risk making Tintin for the American market alone since here as in France, the little reporter remains “protected” until 2054? Certainly not many people. Because it would not be profitable or, at the very least, very risky as a business. The proof with the film The Adventures of Tintin: The Secret of the Unicorn by Steven Spielberg. Released in 2011, it grossed $370 million. Insufficient to cover the costs. He should have earned 425 million! Moreover, the second film announced by the American director is still awaited.
On the other hand, this feature film had the gift of doubling the sales of albums in French upon its release, indicated La Libre Belgique in 2021.
