Copyrighting Cryptids and Urban Legends: A Closer Look
The concept of cryptids and urban legends, often shrouded in mystery and folklore, raises an interesting question: Can such elusive creatures or legendary beings be copyrighted? This article delves into the copyright implications of cryptids and urban legends, highlighting the complexities inherent in protecting folklore and fictional characters within the framework of existing copyright laws.
Overview of Cryptids and Urban Legends
Cryptids, often referred to as mysterious animals or creatures that are supposedly unknown to mainstream science, inhabit the realms of folklore, mythology, and contemporary storytelling. Urban legends, on the other hand, are tales or stories that spread through urban areas and are often related to local lore, bizarre events, or supernatural occurrences. Both cryptids and urban legends possess a rich history, often rooted in folklore and oral traditions, and their existence continues to intrigue both scientists and the public alike.
Copyright Law and Its Implications for Cryptids and Urban Legends
Copyright law, enacted to protect original works of authorship, generally does not provide protection for ideas, facts, or information. Instead, it protects the specific expression of those ideas and facts. This distinction is crucial when considering the copyrightability of cryptids and urban legends.
Copyrighting Fictional Cryptids and Mythical Beings
According to U.S. Copyright Office guidelines, if a creator invents a cryptid themselves for a work of fiction, that specific version of the cryptid is copyrighted by default. For example, if an author writes a novel about a Yeti-like creature on the fictional Hook Island, that version of the Yeti is considered original and protected by copyright. However, the actual concept of a Yeti, being part of folklore and well-known to the public, remains in the public domain.
Urban Legends and Public Domain
Urban legends, like cryptids, often originate from folklore and local traditions. These tales spread among communities and are shaped by cultural narratives. In the absence of a single, identifiable source of fiction, urban legends cannot be copyrighted, similar to other mythic figures found in folklore. For instance, the story of Bigfoot (Sasquatch) cannot be copyrighted because it has been circulating in folklore for centuries and is not attributed to any single fictional source.
Copyrighting Fictional Works Involving Cryptids and Urban Legends
While the actual cryptid or urban legend cannot be copyrighted, any original work involving these elements can be. For example, a novel or a comic book that features a cryptid or an urban legend as a central character is protected by copyright. However, any subsequent works or stories that merely reference these cryptids or urban legends without substantial contribution or homage to the original creation will not be subject to copyright protection.
Case Studies: Famous Cryptids and Urban Legends
Several well-known examples of cryptids and urban legends further illustrate these points. For instance, the Hook Island Monster, the Hopkinsville Goblin, the Loveland Frog, and the Flatwoods Monster are all cryptids that have sparked imagination and curiosity. However, any fictional works about these entities, such as books, comics, or movies, are subject to copyright. This includes fictional adaptations like the Ravenous Bugblatter Beast of Traal from Douglas Adams' Hitchhiker's Guide to the Galaxy.
Public Domain and Folklore
The concept of public domain is crucial when discussing the protection of folklore and urban legends. Folklores and urban legends are often beyond the scope of copyright protection because they are considered part of the common cultural heritage. As seen with Snow White, a character from a fairy tale, multiple adaptations and retellings are possible because the original story is in the public domain, not because it lacks copyright protection, but because it is a shared cultural narrative.
Conclusion
In summary, while some cryptids and urban legends may not be directly copyrightable due to their connection to folklore, any original work involving these elements can indeed be protected by copyright. It is essential to understand the legal boundaries and to respect the concepts originating from folklore and culture. By distinguishing between the fictional representations and the actual folklores, creators can both protect their intellectual property and maintain the integrity of the rich cultural tapestry that includes cryptids and urban legends.