Explain the Public Domain issue to me again

[shaxper]

Okay, so as I understand it, Superman becomes public domain in 2013. This means anyone can use the character and reprint his earliest appearances as they see fit as long as they don't use the actual "Superman" trademark.

So can't Marvel, Dark Horse, or Image call him "Stellerman," release fancy omnibus volumes of the earliest appearances with "Stellerman" written in, and then feature a carbon copy of Superman in his own monthly mag?

And could he have modern Superman's powers? The original 1937 Superman could only leap tall buildings and could get hurt with bullets. Could "Stellerman" fly and be vulnerable only to Kryptonite? In fact, could they even mention Kryptonite?

[dancj]

Okay, so as I understand it, Superman becomes public domain in 2013. This means anyone can use the character and reprint his earliest appearances as they see fit as long as they don't use the actual "Superman" trademark.

So can't Marvel, Dark Horse, or Image call him "Stellerman," release fancy omnibus volumes of the earliest appearances with "Stellerman" written in, and then feature a carbon copy of Superman in his own monthly mag?

And could he have modern Superman's powers? The original 1937 Superman could only leap tall buildings and could get hurt with bullets. Could "Stellerman" fly and be vulnerable only to Kryptonite? In fact, could they even mention Kryptonite?
I can't answer all of this, but I'm pretty sure they won't have to change his name - just as the various DVDs of the public domain Fleischer (sp?) Superman cartoons still call themselves Superman.

[NeonZ]

Is it really that soon? 2013?

Anyway, they should be able to call him "Superman", but the comics won't be able to feature his name on the cover or the S-shield anywhere.

He wouldn't be able to have Kryptonite as a weakness too, however, there's nothing stopping them from creating a new radioactive rock. I'm not sure about flight. Every super hero these days can have flight and a cape without a problem, so this Superman should be able to have that too, but I suppose DC might oppose it due to the similarities to the part of Superman that they control. They could avoid it by giving him flight in the drwings but not mentioning flight directly, most stories don't do that anyway, so it shouldn't be a problem.

[Bored at 3:00AM]

Warners lawyers would be all over anyone even remotely stepping over the line in trying to profit from Superman and the Seigel's lawyers will to, unless they get their cut.

In the end, it wouldn't be worth it for anybody to dick around with Superman. He's radioactive.

In my humble opinion, the early material should be released as a non-profit fundraiser for charity from now on.

Go ahead and make a profit off the new material, but the public domain stuff should be helping feed the poor or keeping a battered woman's shelter afloat.

He's Superman. He belongs to the World now.

[shaxper]

In my humble opinion, the early material should be released as a non-profit fundraiser for charity from now on.

Go ahead and make a profit off the new material, but the public domain stuff should be helping feed the poor or keeping a battered woman's shelter afloat.

He's Superman. He belongs to the World now.


This is a beautiful sentiment, and I thoroughly agree.

Perhaps, from a practical and realistic standpoint, it would make the most sense for DC to pilot such an initiative. Then, anyone attempting to profit from the old stories would look like an absolute ass in contrast.

[protonik]

If it is public domain in 2013, all DC and the Siegel's can do is puff & Bluster. They can protect the trademark, but they can't sue over copyright infringement if you publish a Superman story using the character as he existed in Action no. 1. As long as you don't publish Action no. 1 as the title of the book or use the name of the characters on the covers. You just can't publish it as a "SUperman" comic book but you could call it America's Hero or something like that with an iconic image on it.

[Bicycle-Repairman]

I guess it would be like the original Daredevil published by Lev Gleason Publications during the 1940s. The character is in the public domain and has appeared in several comics by different publishers, including "Femforce", "Alter Ego", "Project Superpowers", and "The Savage Dragon". However, since Marvel currently has the trademark on the title "Daredevil" the character cannot be referred by name on the cover of a magazine. In "Femforce" the original Daredevil was renamed Reddevil, in "Alter Ego" he was called Doubledare, and in "Project Superpowers" he was called the Death-Defying Devil.