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[OtherEric]

I'm pretty sure the T.H.U.N.D.E.R. Agents aren't public domain. They SHOULD be, given that the copyright notifications were messed up consistently. But a US District Court ruled in the 80's that Carbonaro did own the copyright on the material. We may feel that this is a bad ruling on the face of the evidence- the lack of correct copyright notices on the books themselves- but it's not something we can fix.

Link to the book: *** Link No Longer Exists: T.H.U.N.D.E.R. Agents 02 ***

[paw broon]

I've removed the 3 issues to a place of safety.  Thanks for the note and to K1ngcat for spotting them.

[MarkWarner]

After doing a bit of reading about this, my understanding is that it was the rights to the characters the case referred to. 

These books most certainly do not have a valid copyright notice in them and they are in the public domain. They have to be.

The case was about usage of the characters. As to the rights that is a different matter and I for one am not intending to make any new books with them in. I have moved them back

[paw broon]

Thanks Mark.  I just wanted to take them away until if or when someone came up with a definite position.  Better safe than sorry.

[MarkWarner]

Totally agree!! We do err on the side of caution .., but I did do some reading up and I am satisfied that for our purposes these particular books are PD. But I certainly wouldn't go near the characters!

[OtherEric]

These books most certainly do not have a valid copyright notice in them and they are in the public domain. They have to be.

I agree with your statement 100%; I'm still given to understand that the court has ruled otherwise.  But to be fair, most statements on the court case have been made by the winner, and I can't find the exact original ruling.  Great books, in any case:  I've got the whole run in original editions.

[narfstar]

I think they have Trademark but not copyright. If the court gave them a copyright ruling it would have been for any valid copyright. I do not know that the court ruled on the validity of the copyrights

[MarkWarner]

I believe the argument was the early books are in the public domain therefore the characters are and Tower had nothing to sell ... but Sherlock Holmes and "The Mouse" have shown that (so far) the bigger battalion of lawyers wins the day. And I also think that a case was won .. but not defended on appeal due to lack of funds. Trademark appears to be a complete nightmare! So as far as I am concerned who ever claims Trademark  for T.H.U.N.D.E.R. Agents can have it

[narfstar]

The fact that no one has been able to make a successful go of them may keep anyone off our backs. I really liked the latest IDW version. It was more true to form and capture at least some of the originals appeal

[neil meikle]

It says in the comics section that just the ones posted are public domain so is it only those three or are there more?

[narfstar]

I checked all the issues and none of them have the magic little circle c or the word copyright. This was a requirement at the time. The notice also had to be on the cover, ifc or first page which is why some other books are not copyright they put the notice several pages in.

[MarkWarner]

Possibly more .. but these are the 3 which we know are OK!