Since the original 1925 phantom film is in the public domain, as we all know at this point.
Could someone technically make a sequel to that film? or would they have to go through Chaney entertainment for
permission to use that iteration of the phantom?
You can make a sequel whenever you want, but you might not be able to copy the Chaney makeup. It's basically a skull face, so you may be able to do your own version of a skull.
good to know. :)
May as well throw Mickey Mouse in there:
Steamboat Opera
Phantom of the Steamboat
Phantom of the Willie
Willie of the Opera
Discuss.
Well, if the Steamboat Willie Mickey Mouse image is in the public domain now, then I would imagine the Chaney Phantom makeup image is in the public domain as well. Not Chaney himself, but the makeup look.
The Chaney Phantom makeup image is copyrighted by Chaney Enterprises (as is that of the Wolf Man and Chaney's version of Kharis), the same way Imhotep and the Karloff Frankenstein Monster are trademarked by Karloff's estate, also true for Lugosi's Dracula likeness..those likenesses are licenced by the families to Universal or whomever at the time wants to use them..