- Ownership of a creepypasta can be divided between the author of the text, the creator of the image, and the community that expands the lore.
- There are orphan works where the author is unknown, which creates legal risks for large film production companies.
- Some licenses, such as Creative Commons, allow free use, while other authors register trademarks to control economic exploitation.
If you've ever considered launching a fanzine, a video game on Steam , or any creative project based on those stories that kept us up at night as teenagers, you've probably hit a wall: the legal labyrinth of copyright . Many people think that, since these stories originated in anonymous forums or social media, anyone can do whatever they want with them, but the reality is that the terrain is much murkier than it first appears.
The issue isn't just who owns the rights, but how those rights are managed when a story goes viral and is modified by thousands of people. From the Backroom phenomenon to the classics of a decade ago, understanding intellectual property is crucial to avoid ending up with a lawsuit or seeing your work erased from the internet.
The origin of copyright on the internet
To begin exploring this topic, it's important to clarify that copyright isn't something you need to register with an official office to exist. The moment someone puts an idea down on a physical or digital medium, copyright is automatically created . This means that even if you published a story anonymously on a 4chan thread, you technically still own that work, although tracing you back is nearly impossible.
This is where the concept of orphan works comes into play . These are creations that are protected by law, but whose author is untraceable. This poses a headache for companies, since, even if no one is currently making a claim, the original creator could appear at any time and demand a share of the profits or prohibit the distribution of the content.
The layers of ownership in a Creepypasta
A creepypasta isn't just a text; it's an ecosystem. Therefore, ownership is usually divided into three distinct levels that can sometimes clash. First, there's the original text that started it all. Then, there's the person who designed the character's iconic image , and finally, there's the audience, who feed the lore by adding details and expanding the universe.
To all this, we must add trademark registration , which is a whole other world. Owning the rights to a story is not the same as registering the name and logo, which allows you to block the commercial use of those specific elements regardless of who wrote the story.
Emblematic cases: From chaos to freedom
- Slender Man: This is the perfect example of how things can get complicated. Created by Eric Knudsen, Sony bought the rights, but then disputes arose with other production companies. It turned out there was a anonymous person with exploitation rights which complicated any legal agreement, leaving many projects in a legal limbo.
- SCP Foundation: Here the approach was completely different. From the beginning, they decided that all content would be under the license. Creative Commons BY-SA 3.0allowing anyone to use the stories as long as they shared their work under the same license. There was an attempt by Andrey Duksin to privatize the brand in Russia, but the community managed to prevent it. regain total freedom of SCP after a legal battle.
- Jeff the Killer: It represents the classic orphan work. The image went viral without a clear author, which makes it attractive to major production companies. be afraid to invest millions in a movie, because the real owner of the photo could suddenly claim all the money.
Different monetization and control models
Not all creators manage their creations the same way. Some, like Kris Straub with Candle Cove, maintain complete control and sell the rights for television series. Others, like Trevor Henderson (creator of Siren Head), allow people to make games for free, but prohibit any financial gain without their prior permission.
There are also creators who handle the entire process, from creation to directing the adaptation, such as Alex Kister with The Mandela Catalogue, ensuring that the original vision remains intact and under his legal control.
Legal nuances: Spain versus the United States
If you're in Spain, the Intellectual Property Law has key points that change the game. For example, Article 6.2 states that anyone who publishes an anonymous work with consent can exercise the rights as long as the author remains unidentified. Furthermore, orphan works have 70 years of copyright protection from their publication date , meaning that many famous pasta dishes won't be legally free until well into the 21st century.
A vital detail is that, even if an author says they are releasing their rights, Spanish law allows them to remove the content if they believe it damages their reputation , which leaves the door open to potential conflicts if the use of the character is too controversial.
Navigating the world of creepypastas requires caution, as the line between digital folklore and private property is very thin. While some universes like SCP embrace open collaboration, others are shielded by corporate contracts or the risk of a forgotten author appearing. The wisest course of action for any creator is to try to locate the original author or, failing that, rely on open licenses to prevent a personal project from turning into a legal nightmare.