by Jordan » 07 Jan 2025, 23:22
From my understanding of the these items entering the public domain, there are a few things to consider.
We will use superman first.
1) ONLY the version of Superman featured in the original #1-3 comics will be entered into the public domain. That superman is very different from today. For example,
- A superman that can fly? Cant do it. Still copyrighted.
- Superman that went into phonebooths to change? Still copyrighted (Even though phone booths are none existent now anyways)
- Superman with an heat vision, freeze breath, super hearing, x-ray vision, etc... Still copyrighted.
All superman was back then, was speed and strength. Character traits are also still copyrighted (As caselaw provided with Sherlock Holmes). So the "Hope" type superman will still be copyrighted. He was more violent and aggressive before.
2) The word "Superman" is still trademarked. You won't be able to create commercial titles with that name in it.
Also, keep in mind, this is laws regarding the character in the United States. Other countries have their own laws on copyright and public domain.
From my understanding of the these items entering the public domain, there are a few things to consider.
We will use superman first.
1) ONLY the version of Superman featured in the original #1-3 comics will be entered into the public domain. That superman is very different from today. For example,
- A superman that can fly? Cant do it. Still copyrighted.
- Superman that went into phonebooths to change? Still copyrighted (Even though phone booths are none existent now anyways)
- Superman with an heat vision, freeze breath, super hearing, x-ray vision, etc... Still copyrighted.
All superman was back then, was speed and strength. Character traits are also still copyrighted (As caselaw provided with Sherlock Holmes). So the "Hope" type superman will still be copyrighted. He was more violent and aggressive before.
2) The word "Superman" is still trademarked. You won't be able to create commercial titles with that name in it.
Also, keep in mind, this is laws regarding the character in the United States. Other countries have their own laws on copyright and public domain.