Murnau's Nosferatu and Copyright Infringement

Florence Stoker's Battle to Destroy First Film Adaptation of Dracula

Oct 25, 2009

German filmmakers tried to disguise their adaptation of Bram Stoker's Dracula as Nosferatu, but Florence Stoker fought to have all copies of the film destroyed.

Despite winning success and acclaim for his 1892 novel Dracula, author Bram Stoker never had much money. After his death on April 20, 1912, his widow, Florence Stoker, attempted to cash in on Dracula's popularity. She published Dracula's Guest, a collection of short stories, and sold Stoker's notes for Dracula (which only brought a little over two pounds). She also sanctioned a theatrical adaptation by Hamilton Deane, but was so embarrassed of the production that she never even met Raymond Huntley, who played the title role.

In 1922, Florence Stoker learned of a German film adaptation of Dracula. The filmmakers, who had not purchased the legal rights to the story, had attempted (badly) to disguise their theft, titling the film Nosferatu, eine Symphonie des Grauens (Nosferatu: A Symphony of Horror) and renaming the characters. Dracula, played by Max Schreck, became Count Orlock; Jonathan Harker and Mina became Thomas Hutter and his wife, Ellen; Renfield became Knock; Prof. Van Helsing became Prof. Bulwer. The story, though much is condensed, is essentially the same as that of Bram Stoker's Dracula.

Stoker's living, however meager it was, depended on the sale of various foreign rights to Dracula, her husband's only true success. She appealed to the British Incorporated Society of Authors for help fight for the producers of Nosferatu, Prana-Film, for her rights to the Dracula story. She sued and won, but the legal fees were high and Prana-Film already bankrupt. Stoker, whose rights to Dracula were her only means of support, sought to have all copies of the film destroyed, and in July 1925 the court finally agreed to this penalty.

But Nosferatu had already been distributed around the world, and international copyright law was sometimes a tricky thing. No matter how hard Florence Stoker tried, she could not manage to destroy all copies of Nosferatu in existence. Eventually, several copies (some heavily edited) found their way to the United States for public showing, despite Stoker's protests.

Along with the American stage version, which starred the iconic Dracula Bela Lugosi, Nosferatu provided much inspiration for the 1931 film version of Dracula. This time the studio paid Florence Stoker for film rights, despite the fact that Dracula was public domain in the United States. Bela Lugosi, before he was cast in the film's title role, helped the studio negotiate with Stoker.

The copyright of the article Murnau's Nosferatu and Copyright Infringement in Horror Films is owned by Amelia Hill. Permission to republish Murnau's Nosferatu and Copyright Infringement in print or online must be granted by the author in writing.