[TheRedReuben]

I've been looking into this -- a lot. In Canada, copyright looks at life + 70 years. Or, prior to Dec. 2022, it was life + 50.

Amazing Man and Iron Skull were among the heroes brought back by Malibu Comics as the books were public domain. Except, in Canada, as far as I can tell, the copyright would still belong to the estates of Bill Everett and Carl Burgos respectively. So, by selling those comics in Canada, was the law broken?

I'd *love* to get some clarification on this. Thanks so much for reading.

[SuperScrounge]

I suppose it depends if Canada gave American comics and American creators special copyrights for Canada.

Usually copyright ended at a country's borders unless there was some international recognition and/or treaty to respect other country's copyrights.

[TheRedReuben]

Yeah, that's what I was wondering. I mean, these are mostly heroes nobody has thought of in many years. Perhaps nobody cared at the time. It's really only a problem if someone complains.

It's one of those rare times where I wish it could be static between all countries. It stinks to know I could make something in the U.S., but it would technically be violating copyright in my home country.

[SuperScrounge]

I am not a lawyer, so the following is just my 'best guess'.

Technically the Centaur books were never renewed so would have been in the public domain 28 years after publication, and as I understand it the 1977 copyright act (which I think was linked with the international Berne Convention on copyright) only things that were still under copyright protection had their terms changed to the 50 years after the death of the creator, so in the US, at least, the copyright had expired and I can't see any good reason why Canada, or any other country would give these US properties an extension.

Other than that talk to a Canadian copyright lawyer. *shrug*

[The Australian Panther]

I'm winging it I guess, but;-
PD is PD, if something is PD, copyright does not apply, or it wouldn't be PD.
Which is why we can't host any KING, DISNEY, Marvel or DC properties here. They are still under copyright. Those companies still exist and still maintain the copyright.
If something is PD, there is nobody around that claims ownership.
Therefore it's Free Use. But anybody using these properties can't claim copyright, they can make new works, but they only own the works they create, not the rights to the character.

Amazing Man and Iron Skull were among the heroes brought back by Malibu Comics as the books were public domain. Except, in Canada, as far as I can tell, the copyright would still belong to the estates of Bill Everett and Carl Burgos respectively. 

What makes you think that Centaur comics gave Copyright to any of its creators?
If they had, their estates would have sued Malibu in the states. 
     

[TheRedReuben]

In Canada, the copyright applies at the time of creation. Nothing has to be "renewed" or "registered" in the first place. That's the part that is frustrating to me.

[The Australian Panther]

Yes, but the copyright would have been held by the company, not the persons who did the creating. And the  company no longer exists.
Research 'Work for Hire". It's why Jack Kirby and the creators of Batman and Superman had to go to court and even then got very little.
Bill Everett never had the rights to the Submariner either. 

   

[TheRedReuben]

Yes, but the copyright would have been held by the company, not the persons who did the creating. And the  company no longer exists.
Research 'Work for Hire". It's why Jack Kirby and the creators of Batman and Superman had to go to court and even then got very little.
Bill Everett never had the rights to the Submariner either. 

EXCELLENT. This was what I was hoping for. I love you.