Fact Check: Is Cthulhu public domain?

Is Cthulhu Public Domain?

The claim that "Cthulhu is public domain" revolves around the copyright status of the works created by H.P. Lovecraft, the author who introduced the character Cthulhu in his 1928 short story "The Call of Cthulhu." As Lovecraft died in 1937, the question of whether his works, including those featuring Cthulhu, have entered the public domain is a nuanced one, influenced by various factors including publication dates and copyright renewals.

What We Know

1. Copyright Expiration: Works published in the United States before 1978 are protected by copyright for 95 years from the date of publication. Therefore, any works published by Lovecraft in 1928 or earlier will enter the public domain on January 1, 2024 13. This means that "The Call of Cthulhu" and other stories published in 1928 will be free for public use.

2. Collaborative Nature of the Mythos: The Cthulhu Mythos is not solely the creation of Lovecraft; it includes contributions from other writers associated with him, known as the "Lovecraft Circle." Many of these authors published works that may still be under copyright, complicating the status of the Mythos as a whole 24.

3. Current Copyright Status: As of now, Lovecraft's individual writings published in 1928 or earlier are confirmed to be in the public domain. However, works published after 1928 may still be copyrighted depending on their publication date and whether copyright renewal was filed 35.

4. Licensing and Usage: Chaosium, a company that produces tabletop role-playing games based on the Cthulhu Mythos, has stated that while Lovecraft's original works may be in the public domain, their specific game materials and adaptations are still protected by copyright. This indicates that while the original stories can be used freely, derivative works may not be 47.

Analysis

The claim that Cthulhu is in the public domain is partially accurate but requires careful consideration of the specifics.

• Source Reliability: The information from Duke University School of Law 1 is credible as it comes from a respected academic institution specializing in copyright law. The Chaosium blog 24 is also a reliable source, though it may have a vested interest in promoting its own products, which could introduce bias. The Lovecraft fandom wiki 3 provides useful context but may not be as rigorously vetted as academic sources.

• Conflicts of Interest: Chaosium's involvement in the discussion introduces a potential conflict of interest, as the company benefits from maintaining a certain level of control over the Cthulhu Mythos through its proprietary adaptations. This could lead to a more cautious interpretation of what is considered public domain.

• Methodological Concerns: The determination of copyright status often relies on specific publication dates and renewal filings. The lack of comprehensive records for some works can create ambiguity. For instance, while many of Lovecraft's works are confirmed to be in the public domain, the status of collaborative works remains less clear 56.

• Additional Information Needed: A thorough examination of the publication dates and copyright renewals for all works associated with Lovecraft and his contemporaries would be beneficial. Furthermore, legal interpretations of collaborative works within the Mythos would clarify the extent of what is truly in the public domain.

Conclusion

Verdict: Partially True

The claim that Cthulhu is in the public domain is partially true, as H.P. Lovecraft's works published in 1928 or earlier will enter the public domain on January 1, 2024. However, the status of the broader Cthulhu Mythos is complicated by the contributions of other authors and the potential copyright status of their works. While Lovecraft's original stories can be freely used, derivative works and adaptations may still be under copyright protection.

It is important to note that the determination of copyright status can be complex and is influenced by various factors, including publication dates and copyright renewals. The available evidence does not provide a definitive answer regarding all works associated with Lovecraft, particularly those created by other authors in the Lovecraft Circle.

Readers are encouraged to critically evaluate information regarding copyright and public domain status, as the landscape can change with new legal interpretations and rulings.