Choose Your Own Hamlet Becomes The Largest Publishing Project On Kickstarter, Thanks To The Public Domain

from the you-can't-do-this-with-catcher-in-the-rye dept

A Kickstarter project by Ryan North, called To Be Or Not To Be: That Is The Adventure, has become the most funded publishing project on Kickstarter ever, as it recently surpassed $400,000 (he was originally seeking $20,000). While we always love to see interesting and successful crowdfunding projects, this one is interesting for a few additional reasons concerning topics we talk about here: copyright and trademarks. The actual book is, as North explains, "an illustrated, chooseable-path book version of William Shakespeare's Hamlet." So, how does that hit on copyright and trademark issues?
  • Copyright: Even if the head of the Author's Guild doesn't seem to know this, Shakespeare's works are in the public domain, meaning that anyone can use them however they want -- whether it's to make an exact copy (and, yes, there are plenty of those on the market) or to do a derivative work. There have been tons of remakes and updates on Shakespeare's work, and many of them are super creative, such as this one. Kinda demonstrates just how ridiculous it is for copyright maximalists to argue that without strong copyright protection, creativity gets killed off. Just the opposite, it seems. The ability to build on the works of the past quite frequently inspires amazing new creativity.
  • Trademark: North refers to this as a "choosable path adventure" because:
    "Chooseable-path" you may recognize as a trademark-skirting version of a phrase and book series you remember from childhood. Remember? Books in which... an adventure is chosen??
    Yes, they're not using the widely known phrase "choose your own adventure," because it's trademarked, and the owner of the mark has sued before. Of course, the story of the mark is interesting in its own right. Apparently, Bantam Books who helped popularize the original choose your own adventure books let the trademark lapse, and it was bought up by Ray Montgomery, who had run the small press that published the original books, but had not held the original trademark on it.
So we have examples of how a lack of a common "intellectual property" law enabled greater creativity, and how a current "intellectual property" law stupidly limits the option of using the most reasonable description of the work.

Either way, the book looks absolutely awesome, and if you want in on the Kickstarter offering, there are just a few hours left.

Filed Under: choose your own adventure, copyright, creativity, crowdfunding, hamlet, public domain, shakespeare, trademark


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    Arthur Moore (profile), 19 Dec 2012 @ 3:34pm

    Thanks Mike

    Thanks for talking about this Mike.

    I decided to go ahead and pledge $25 for two different physical books, plus the E-Books and extras. Never doubt the power of physical goods in addition to the digital ones.

    Just because something is not totally original does not make it worthless. As the kickstarter video explains this is one of a handfull of choose your own adventure books designed for adults. Sure it's Shakespeare, but consider that there are over a hundred different bad endings. Each of those had to be written and illustrated.

    As Mike said, this is all about being able to create something both new and awesome without worrying about a company suing for a zillion dollars.

    If you want to see exactly how unoriginal most things are just look at TV Tropes. Most stories re use the same ideas and patterns over and over again. Just because the form is the same doesn't make them bad.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Shop Now: I Invented Email
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.