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Public Domain Characters

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topic icon Author Topic: Public Domain Characters  (Read 3337 times)

Golden Superman Prime

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Public Domain Characters
« on: November 17, 2008, 10:11:51 AM »

I posted this on the Hype, but thought it would also apply here.

Currently I'm planning a comic series, which will include a few of my original heroes, and I also want to include some Public Domain super heroes as an homage to the Golden Age.

Just scanning through things here, Blue Bolt is a blatantly PD super hero untouched by modern creativity. I just downloaded his origin story from here a little while ago, and stopped reading for a minute to post this.

So far Blue Bolt looks too good to pass up an inclusion in my series.

I already knew of Green Lama from downloading old radio shows. He's another worthy canditate.

Any other notable heroes in the PD, most especially of the ultra-obscure nature?
« Last Edit: November 17, 2008, 10:15:37 AM by Golden Superman Prime »
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phabox

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Re: Public Domain Characters
« Reply #1 on: November 17, 2008, 10:25:19 AM »

Roy Thomas reused the 'Blue Bolt' name for a character he co-created along with his wife a few years back and may well have trademarked the name.

The G.A. Character himself should still be fair game.
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Golden Superman Prime

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Re: Public Domain Characters
« Reply #2 on: November 17, 2008, 10:47:43 AM »

So if I did use the Golden Age version, would I just have to change the character's name...

or is it all game (even the name) if I avoid using Roy Thomas' version?
« Last Edit: November 17, 2008, 10:51:40 AM by Golden Superman Prime »
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darkmark

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Re: Public Domain Characters
« Reply #3 on: November 17, 2008, 04:05:51 PM »

You can use the Blue Bolt character and his name as long as you don't include it in the title of the book.  Recall how DC comics had to title their comic SHAZAM! in order not to infringe on Marvel's CAPTAIN MARVEL book (which, I suspect, was originally brought out because MF Enterprises had published a truly crappy 1960's book called CAPTAIN MARVEL).  The Blue Bolt of CAPTAIN THUNDER AND BLUE BOLT was not the original character, just one who shared his name.
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John C

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Re: Public Domain Characters
« Reply #4 on: November 17, 2008, 04:22:40 PM »

While I recommend that you educate yourself on trademark law rather than listening to anybody here (including me), the upshot is that it's a "mark of trade."  You can't ever look like you're using another company's reputation to support your own venture.  If "Blue Bolt" is trademarked or if the book has significant, current market penetration, then your prominent use of the name (titles, advertising, etc.) in a competing product is considered fraudulent.

As for other characters, I can only recommend reading around, because there's a lot of material that wasn't renewed.  As long as you never, ever use a concept that originated (with the character, I mean) in a still-under-copyright work, it's in the public domain and therefore free to use.
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Golden Superman Prime

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Re: Public Domain Characters
« Reply #5 on: November 18, 2008, 05:09:40 AM »

All right, here's what I think happened. I'm not an expert, but I've looked into this clusterfrag known as copyright in the context of the subject...



This is Roy Thomas' Blue Bolt. On the website where this image comes from, which appears to be legitimately official, there's a notice:

Quote
The Captain Thunder and Blue Bolt Website is
« Last Edit: November 18, 2008, 05:15:18 AM by Golden Superman Prime »
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narfstar

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Re: Public Domain Characters
« Reply #6 on: November 18, 2008, 11:32:09 AM »

You could cover blurb "The Original Blue Bolt" and would not have to use the hyphen inside. It would also let everyone know you were bringing them the classic character. You could mention the new BB inside and give a link. I am sure Roy would appreciate the plug.
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Golden Superman Prime

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Re: Public Domain Characters
« Reply #7 on: November 18, 2008, 03:15:01 PM »

You know, narfstar, that's an interesting idea. I'll consider that! Thanks.
« Last Edit: November 18, 2008, 03:38:04 PM by Golden Superman Prime »
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darkmark

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Re: Public Domain Characters
« Reply #8 on: November 18, 2008, 03:49:53 PM »

Also interesting might be if you reffed the Blue Bolt / Green Sorceress story Roger Brand did for the fanzine ALL STARS in the Sixties.  Sadly, I don't have a copy.
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Golden Superman Prime

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Re: Public Domain Characters
« Reply #9 on: November 18, 2008, 04:30:40 PM »

I've read a few issues now. The last one I read was from the cover I posted above. It's the one where they manage to inhibit the black magic within GS, and she becomes good. Unfortunately, she reverts back to her evil ways rather soon. Near the end, Blue Bolt is about to lead an army into war with the Green Sorceress' minions, but she teleports herself and her army away before the major battle.

What happened in the story you mentioned, darkmark?
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