Popeye, the Sailor Man, Dies at 95

POPEYE THE SAILOR MAN

January 17, 1929 - January 1, 2025

NEW YORK - Popeye the Sailor Man, beloved spinach enthusiast and champion of the underdog, has entered the public domain after 95 years of copyrighted adventures. Born in the panels of E.C. Segar's "Thimble Theatre" comic strip on January 17, 1929, Popeye was initially conceived as a supporting character but quickly muscled his way into starring role status, becoming one of the most recognizable characters in entertainment history. 

The gruff-voiced sailor is predeceased by his longtime sweetheart Olive Oyl (who entered the public domain in 2014) and is survived by his adopted son Swee'Pea (who will fall into the public domain in 2028), and his hamburger-loving friend J. Wellington Wimpy (also entering the public domain in 2028).  While Popeye's original comic strip incarnation may now belong to the ages (and the public), his trademark rights remain very much alive and flexing. Hearst Holdings continues to maintain various trademark protections over the sailor's commercial likeness and name. Would-be adapters should note that while they can now freely create new works based on the original 1929 Popeye character, they'll need to navigate carefully around existing trademark protections - much like sailing through stormy seas while avoiding spinach cans thrown by an angry sailor. 

Throughout his copyrighted life, Popeye appeared in countless comic strips, animated shorts, feature films, and on merchandise. His famous catchphrases "I yam what I yam" and "That's all I can stands, 'cause I can't stands no more!" entered the cultural lexicon, while his promotion of spinach allegedly caused a 33% increase in US spinach consumption during the 1930s. In lieu of flowers, the family requests that fans respect trademark laws and consider making a donation to the Seaman's Church.  

A celebration of life was held on January 1, 2025, where attendees shared their own Popeye stories--most of which qualified as fair use under Section 107 of the 1976 Copyright Act, as amended.  Popeye's legacy reminds us that while copyright may be temporary, trademark protection and cultural impact can last well beyond the original term of protection. As the sailor himself might say, "I yam what I yam, and that's all that I yam - but check with your lawyers first!"

###

About the Image 

Elzie Segar. Thimble Theatre Starring Popeye, series no. 1, 1931. New York: Sonnet Publishing Co. Stephen A. Geppi Collection of Comics and Graphic Arts, Serial and Government Publications Division, Library of Congress (002.00.00) © King Features Syndicate © Sonnet Publishing Co.

DISCLAIMER: THIS ARTICLE DISCUSSES GENERAL LEGAL ISSUES OF INTEREST AND IS NOT DESIGNED TO GIVE ANY SPECIFIC LEGAL ADVICE CONCERNING ANY SPECIFIC CIRCUMSTANCES. PROFESSIONAL LEGAL ADVICE MUST BE OBTAINED BEFORE ACTING UPON ANY OF THE ADVICE CONTAINED IN THIS ARTICLE.

ABOUT LLOYD J. JASSIN

Mr. Jassin possesses a unique set of professional credentials. In addition to being a nationally recognized book publishing attorney, he was a publishing executive, serving as director of publicity for a division of Simon & Schuster. He helps authors, agents, and publishers avoid contractual traps and negotiate win-win deals. He will let you know if a contract is viable and what it will take to make it signable. He's available to answer questions about book contracts, film options, copyright, merchandise licensing, publicity, and privacy rights, and provide libel reviews of unpublished manuscripts. Whether choosing a title for a new book series or the name of a book publisher, podcast, or blog, he can help you avoid trademark infringement by doing a trademark clearance search and registering your mark. After law school, he worked for Viacom Enterprises, the world's largest distributor of feature films and off-network television programming. Before founding his firm, he was a trademark associate at Cowan, Liebowitz & Latman, an internationally respected intellectual property boutique. He's the co-author of The Copyright Permission and Libel Handbook (John Wiley & Sons). He's been quoted in Publishers Weekly, The New York Times, Los Angeles Times, Fortune, and other publications, and he has taken the stage at BookExpo and spoken at Book Industry Study Group events. He's a former adjunct professor at the NYU Center for Publishing. Mr. Jassin graduated from Benjamin N. Cardozo School of Law and is admitted to practice in New York and New Jersey. Location: 104 West 40th Street, 5th FL, New York, NY 10018, 212.354.4444. Email:  jassin@copylaw.com.