On January 1, a major event occurred in the world of comics: the character of Tintin, in his first version dating from 1929, entered the public domain in the United States. However, this new freedom of use remains strictly regulated.
In theory, in the United States, it would now be possible to see original creations around Tintin emerge, such as a “Tintin in Ukraine” or a “Tintin in the land of Bitcoin”. However, these projects could only relate to the 1929 album, Tintin in the Land of the Soviets, the very first adventure of the young reporter.
“This means that in the United States, it is no longer necessary to request authorization or pay remuneration to use this 1929 Tintin,” explains Benjamin Montels, lawyer at the Paris bar, in an interview granted Tuesday to RTS Morning.
A “badly rough-hewn” Tintin
For Jean Rime, president of the Association of Swiss Friends of Tintin, Hergé’s position was clear: he did not want new Tintin adventures to be created after his death.
“His work forms a coherent whole,” he believes. “Personally, I think Hergé was right […] Now, the law is what it is and, if this becomes possible, there is obviously a chance of seeing interesting variations emerge. What I would hope, if this happens, is that these works are captivating in their own right and that they don’t just replicate what Hergé did, but that they bring true renewed artistic value .”
However, “Tintin in the Land of the Soviets” is very far from the iconic image we have of the character today. Jean Rime emphasizes that this Tintin from 1929 is still “roughly crafted” and that it differs greatly from that of later albums, such as “On a marche sur la Lune” or “The Secret of the Unicorn”.
A deadline in 2054
However, everything is not as simple as it seems. If a new version of Tintin were released online and became accessible from Europe, the Société Moulinsart in Brussels, which manages Hergé’s rights, could initiate proceedings for infringement. Parody, on the other hand, remains authorized.
Thus, even if American creators now have a certain freedom to use Tintin, the real “liberation” of the character – that is to say without any legal constraint – will have to wait until 2054 in Europe, or seventy years after the death by Hergé.
This situation contrasts sharply with that of other figures of popular culture who, this year, entered the public domain in the United States. Mickey Mouse, for example, whose 1928 version saw its rights expire, gave rise to projects very far from the original spirit, such as horror video games or films with a dark tone. The same phenomenon affects other emblematic characters, such as Winnie the Pooh or Popeye, now also free of rights.
Recognition of moral rights
However, with Tintin, the situation is much more complex, because, unlike the United States, Europe recognizes moral rights. This allows rights holders to retain some control over the way in which the work is used, provided they can prove that it has been distorted.
In 2013, for example, the Moulinsart Company obtained that the catalog of the Tintin exhibition in Friborg at the Cantonal and University Library of Friborg be destroyed after three months of negotiations.
The dispute concerned the appearance and format of the catalogue, deemed too close to a Tintin album, as well as several illustrations and objects considered to be counterfeits, which were not covered by “their parodic nature or by the law quote”.
Radio subject: Pascal Wassmer
Adaptation web: Valentin Jordil
