Winnie the Pooh IS Public Domain

CatherineCameo
New Contributor

Got a takedown notice for some cute cards with Winnie the Pooh on them. The classic illustrations, from the first book, which is in the public domain now.

6 REPLIES 6

LMGildersleeve
Valued Contributor III

Yes, in 2022 the original illustrations became public domain. Write directly to Zazzle from that take down notice with links to pages to prove to them it is PD.

DM
Contributor

Zazzle sells Disney stuff, so I'm not surprised. Public domain or not, Zazzle chooses what is and is not available in its marketplace. They'd probably want contractual stuff appearing and not public domain stuff.

JerryLambert
Contributor III

Winnie-the-Pooh is now PD, but Winnie the Pooh is most likely still trademarked by Disney. When Disney acquired rights to the property in 1961 they removed the hyphens. I'm not sure how much water that holds legally. 

Also, the popular image of orange Pooh is trademarked by Disney. The first color Pooh, by illustrator E.H. Shepard, was brown. He got his red shirt in 1932 after Stephen Slesinger bought the rights. In fact, the first illustrations of Pooh were black and white and Pooh didn't wear a shirt. 

So, while Milne's written works are public domain, I'm not sure how much of the illustrations are public domain. Disney still owns most of the modern depictions of Pooh and Christopher Robin and the rest of the gang and they probably still own the title without the hyphens. 

Here is an article with some of the original illustrations compared to Disney's Pooh. 

BiggerthanPluto
New Contributor II

Yes, this is correct. Winnie the Pooh in its original form is public domain.
The illustrations by E.H. Shepard along with the story were published in 1926.

The wikipedia page for the classic Winnie the Pooh images state:
This image is in the public domain in the United States because it was first published outside the United States prior to January 1, 1927.

But the name is trademarked by Disney. Now to be specific the way the name is trademarked is "Winnie-the-Pooh," but these days specifics of trademarks mean nothing to ruthless trademark lawyers. Any version of Winny Da Poo is likely to get a complaint from Disney, and zazzle is not going to put up any fight.

So yes, you can use the classic image of that one bear that loves honey so much, but you can't use the name.
And if you can't use the name, then what's the point?

Also - the story of that one bear that really likes honey isn't public domain in it's entirety.  The one super hyper cat named Tiger with two G's won't be public domain until 2024.  

shellifitz
Valued Contributor

There is a way to still make money off of WTP.  share affiliate links to the official wtp store here on Zazzle.  I have gotten some referrals from them. 

CreativeLeahG
Honored Contributor III