Comic Book Plus Forum
About The Comic Books We Have => Comics Not Allowed => Topic started by: kidterror on November 07, 2008, 02:00:14 AM
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I've been trying to get a straight answer but, instead get mocked and veiled threats. Electro-Girl reappeared in Zenith so is she OK? Another man seems like he may have the rights to Krakos and Zom, but is too busy being condescending to actually tell me. Is this a Bill Black claiming rights on characters situation or does anyone know the actual status?
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I've been trying to get a straight answer but, instead get mocked and veiled threats. Electro-Girl reappeared in Zenith so is she OK? Another man seems like he may have the rights to Krakos and Zom, but is too busy being condescending to actually tell me. Is this a Bill Black claiming rights on characters situation or does anyone know the actual status?
Hey! Good to see you on GA-UK ... love your site! :)
I have no answers for you, but whoever that guy is, I hope he can get a vaccine for that Krakos & Zom he has. ;D ;D ;D ;D
B. ;D
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Thanks for the support boox909!
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Characters aren't copyrighted or public domain, their stories are.
As much money as people pay for the "rights" to a character, they have no standing if another person publishes a book derived from content that first came from a source that's in the public domain. Oh, plus there are trademark considerations in advertising.
Let's take Superman as an example. Superman is, lock, stock, and barrel, owned by DC, right? Pretty much, but the Fleischer cartoons have fallen into the public domain. So you can create your own Superman based on those cartoons, plus or minus any ideas that were created earlier and are still protected by copyright, like being sent from a destroyed Krypton and posing as Clark Kent.
You also can't prominently display Superman's insignia or name in the "product dress" (covers and advertisements), because that would violate DC's trademark. When people see "Superman," they assume it's coming from DC, and you're not allowed to steal that goodwill.
As to your specific situation and characters, you'll have to do the copyright research yourself and you'll probably want to check with a Intellectual Property attorney (after gathering the research) to make sure you're safe.
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Let's take Superman as an example. Superman is, lock, stock, and barrel, owned by DC, right? Pretty much, but the Fleischer cartoons have fallen into the public domain. So you can create your own Superman based on those cartoons, plus or minus any ideas that were created earlier and are still protected by copyright, like being sent from a destroyed Krypton and posing as Clark Kent.
That would be MINUS any ideas created earlier and still protected by copyright- which, in this case, means pretty much everything. You can use the material in the cartoons relatively freely, but since everything was around earlier you can't build anything on them. You'll note most DVD's of the material are careful to use screen grabs for art; and generally grab the logo from the films themselves as well.
I would also note that, as it stands now, the Siegel estate is doing pretty well in court to reclaim some of the Superman rights. DC's grip on the material is not as strong as they might like right now.
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That would be MINUS any ideas created earlier and still protected by copyright-
That's more precise, yes, but didn't "flow" right when I was typing. I figured it was obvious that you can't add copyrighted material to public domain and get a public domain result.
which, in this case, means pretty much everything. You can use the material in the cartoons relatively freely, but since everything was around earlier you can't build anything on them.
Actually, while I haven't done a full analysis of Superman's evolution, I don't think that's nearly as true as DC wants everybody to believe. The Daily Planet, Jimmy Olsen, and kryptonite all come from the radio show (audio has inconsistent protection rules, because there's no Federal law, but can indeed be in the public domain in some states), and a lot of Superman's more substantial powers seem to have appeared first in these animated shorts. The Golden Age Superman certainly wasn't punching energy beams out of the way, for example.
So, there's potentially a large amount of material from which to build a public domain Superman. Especially if you include Siegel's obvious (though never admitted) prose sources, like "Gladiator" and "A Princess of Mars." Passages from both were used almost verbatim in Action Comics.
Not that this helps to answer the original question, but hopefully clarifies where the research needs to be done.
I would also note that, as it stands now, the Siegel estate is doing pretty well in court to reclaim some of the Superman rights. DC's grip on the material is not as strong as they might like right now.
Well, their copyrights will stand, regardless of how the Siegel (and upcoming Shuster) case finally pans out. DC might not own it, in the end, but the identity of a plaintiff isn't quite as important as the fact of being dragged into court.
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Oh. Never having heard of any of these characters except incidentally, I didn't know they were British.
Since British copyright lasts for seventy years after the death of the last-surviving creator (and probably longer if it's created by a corporation), no, they're almost certainly not public domain unless everybody involved in the publication died before 1938.