Season 5 Ep #6 IP Goes Pop Halloween Spooktacular 3- Losing Your Monster

The show kicks off with Frankenstein's monster, first imagined by Mary Shelley in her 1818 novel. Though the character slipped into the public domain long before Hollywood had its say, Universal Studios gave the monster its now-classic look—flat head, neck bolts, and heavy brow with green skin—that’s locked down by IP law. While anyone can retell Shelley’s tale, copying Universal’s monster design could get you into horrifying legal trouble.

Next up: the infamous Count Dracula. Bram Stoker’s 1897 novel introduced this sinister vampire, whose suave depiction became iconic in later film adaptations. But when filmmakers tried to avoid the Bram Stoker version in the 1922 film Nosferatu, Stoker’s estate came for their necks in a copyright battle. Despite the legal nail in the coffin, Nosferatu left its mark on vampire lore, giving us the now-famous idea that sunlight turns vampires into ash. This case shows how even unauthorized versions can leave lasting footprints (or fangs) on pop culture.

The episode also dives into the world of Zombies, the ultimate undead sensation. George A. Romero’s 1968 film Night of the Living Dead redefined the genre with its flesh-eating ghouls, but a copyright mishap landed it in the public domain. This slip-up opened the floodgates, letting filmmakers everywhere remix the Zombie apocalypse—from the sprinting zombies of 28 Days Later to the more light-hearted takes in Shaun of the Dead and Zombieland.

Through the stories of popular monsters, this episode highlights how IP law can both protect creativity and inspire fresh takes. When these ghoulish fiends entered the public domain, they unlocked endless opportunities for reinvention—proving that even legal nightmares can fuel cultural magic.

If you’re curious about how IP law influences pop culture or just want to know more about the fascinating histories behind these iconic monsters this episode will be a treat! Listen to the full Spooktacular for all the gory details and legal twists that have helped keep creatures alive (or undead) for generations.

0:39 Halloween Spooktacular III

• Spooktacular 1: A Nightmare On Independence Ave
• Halloween Spooktacular 2: The Return
• Halloween's Commercial Influence and impact on intellectual property rights
• Phenomenon of non-infringing costume names like "Jumping Plumber Man" for Mario

2:34 Favorite Horror Monsters

• Dracula
  • Dracula (1931)
  • Hotel Transylvania (2012)
• Werewolf

5:40 Frankenstein's Monster

• Mary Shelley's 1818 novel Frankenstein
  • Frankenstein's Public Domain Journey
• Universal Studios’ Iconic Portrayal in 1931
  • Frankenstein (1931)
  • Boris Karloff
  • Universal's rights over their version of Frankenstein
  • Bride of Frankenstein, Son of Frankenstein, Ghost of Frankenstein
• Mary Shelley’s Frankenstein (1994)

15:10 Dracula

• Bram Stoker's Dracula
  • Bram’s Widow and IP rights
• Unauthorized adaptation, Nosferatu (1922)
  • Albin Grau and W. Murnau
  • Count Orlok
  • New vampire lore: sunlight vulnerability
  • Legal battle between Bram Stoker's estate and the creators of Nosferatu
  • Destruction of Nosferatu copies and its eventual survival as a cult classic
• Interview with the Vampire (1994)
• Blade (1998)
• Francis Ford Coppola's Bram Stoker’s Dracula (1992)
• Stephen King's Salem’s Lot (1979)

23:15 Zombies: From Folklore to Pop Culture

• 28 Days Later (2002)
• Shaun of the Dead (2004)
• Zombieland (2009)
• Origins in Haitian folklore
• George A. Romero's Night of the Living Dead (1968)
  • Night of the Flesh Eaters'
  • public domain status due to a copyright oversight
• Blair Witch Project (1999)
• Paranormal Activity (2007)
• Zombie Family Tree
  • slow-moving to fast-running variants
  • Genre's expansion into comedy and serious horror

25:38 Creativity from Legal Challenges

• How legal challenges and public domain status have spurred creativity in monster portrayals
• Parallel between IP law and innovation in storytelling

31:19 Final Thoughts and Halloween Wishes