Hermey The Misfit Elf is actually public domain.

Hermey The Misfit Elf, a character from the beloved Christmas special “Rudolph the Red-Nosed Reindeer,” is in the public domain due to the expiration of copyright protection. The original story and characters were created by Robert L. May in 1939, and the special was produced by Rankin/Bass in 1964.

In the United States, copyright protection typically lasts for the life of the author plus 70 years. Since Robert L. May passed away in 1976, his copyright would have expired in 2046. However, it’s important to note that the character of Hermey was not independently copyrighted. Instead, it is considered a part of the larger Rudolph story.

Therefore, since the Rudolph the Red-Nosed Reindeer story and characters are in the public domain, including Hermey The Misfit Elf, they can be freely used and adapted by anyone without permission or royalty obligations. This allows fans, artists, and writers to incorporate Hermey into their own creations or explore different interpretations of the character.