Nosferatu: the copyright-infringing masterpiece that ruined a film studio

We often find ourselves inspired by our favorite fictional characters and stories, leading us to imitate or reimagine its elements which we then include into our own creations. Many times, this is done for private purposes, or simply for fun, but in some cases the reuse of existing characters and stories is used by some with the specific intention of commercializing their creations and making profits from them. But is this practice legal? It is crucial to understand the legal implications of these actions to avoid legal issues that main blunder our companies and projects: while taking inspiration from a preexisting work by reusing the ideas and themes included in it to create your own is perfectly legal, copying parts of that work may not be as this can be a case of copyright infringement.

While fan arts of copyrighted works seem a common practice in social media and internet (captured in drawings and other kind of products), it is important to keep in mind that most of them are technically “illegal” unless a copyright exception applies to the specific use given, or when a proper authorization or licensing has been obtained. Unlike what many people and creators believe, there is no general “fan art” exception to copyright: while there is flexibility when it comes to private and non-commercial use of existing copyrighted materials, the commercialisation of works which incorporate copyrighted items (such as characters for example) are in general a no-go. Not complying with copyright and related laws may create economic damages and losses that can ruin a business.

A great example can be found in one of the most famous cinematic characters: the fearsome Nosferatu.  Robert Eggers’ Nosferatu was released in December 2024, a remake of the original 1922 film. The copyright issue does not relate to this late remake, but rather to the original film – widely considered one of the greats classic of the horror movie genre. Indeed when it came out, its similarities with Dracula were undeniable, as it was not only inspired from Bram Stocker’s Dracula, but considered as an unauthorized adaptation of the original book. Nosferatu was filmed without having secured proper authorization from the Dracula’s copyright owner who at the time was the widow of Bram Stoker who had written the original Dracula novel published in 1897. To avoid copyright issues, Friedrich Murnau, the director of the original Nosferatu movie, transformed several key elements of the film, such as renaming Count Dracula to Count Orlok and altering parts of the plot. 

Despite these efforts, the Bram Stoker Estate sued the production company, Prana Film, for copyright infringement, and stopped them from obtaining any profits from the film. The court ruled in favor of the Stoker Estate, declaring Nosferatu illegal and ordering all copies to be destroyed. This decision led to Prana Film's bankruptcy and the film's prohibition from being screened in Europe. By the time the court order was issued, copies of the movie had already been disseminated throughout the world, which is why copies of the movie survived. It was not until Dracula entered the public domain that the surviving copies of Nosferatu, saved by collectors or distributed in the U.S. where Dracula was already public domain, allowed the film to endure in Europe until these days.

Nosferatu is the perfect case that shows that having a great idea (even considered a masterpiece) is not enough to success in the market. It is essential to consider the legal implications to avoid the infringement of the Intellectual Property rights of third parties, a situation that may ruin our companies and careers. To avoid this, is vital to address all legal considerations, such as obtaining permission or purchasing licenses to adapt characters and stories protected by copyright.

In conclusion, creators shall always ensure that their own creative endeavors comply with copyright laws to avoid the pitfalls faced by Nosferatu's creators: their work is very highly regarded throughout the world but their failure to ensure that they were not infringing on someone else’s copyright means that the very work for which they were praised lead to them to ruin.