Publishing my own comic with Marvel superheroes?

[Melo]

I didn't know where to post that question so I posted it in Marvel forums.
At the beginning I want to say that its my first [ not last :) ] post on this forum so hello everyone.

I love comic books, I love superheroes like Spider-Man, Green Lantern and so on. Recently I was thinking if is it legal to publish my own comic, but with superheroes like Spider-Man? You know some artists like Todd McFarlane did it, but it was a long time ago. So is it possible now? I live in Poland, and I think its possible in here but whats with the USA?

Thank you, M.

[jamie23m]

Im guessing here, but if you sell these comics and make any money from them and they contain characters from marvel/dc then it could be illegal.

[svp]

Yeah that's true. the whole NOT leagal part of it. BUT it can be a good way to get yourself noticed. Marvel themselves could then decide what to do with you and your Marvel stuff. The worst thing that could happen is they send you a "cease and desist" order. Well it's not the worst but it's the first step in a many step process. It would be a lawyer sending you a note that says "please stop!"
You could write on the top a disclaimer that you have no ownership. They could embrace you or attack you depending on all different things. Fan fiction thrives on the net. amateur art is awesome and often times better than the crap they sell us. don't let someone push you around in that sense. Comic readers tend to see things in black and white. I bet very few comic readers suggest going forward dismissing infringement laws and trying things out. Marvel has in the past recruited from the independent artist/comic makers. Now everything is online. It's a grey area where you shouldn't make money but should be allowed to pay homage. proceed with caution. best of luck.

[Shaoken]

If you're making money off of their characters, that's illegal. So if you use them the only way you could publish them would be to refuse any profits from it (as well as add a disclaimer as to who owns the rights to the characters, just to be on the safe side). It would have to be purely a labour of love for you, but it would be protected under Fair Use.

[Telos]

If you're making money off of their characters, that's illegal. So if you use them the only way you could publish them would be to refuse any profits from it (as well as add a disclaimer as to who owns the rights to the characters, just to be on the safe side). It would have to be purely a labour of love for you, but it would be protected under Fair Use.

This, basically. You can publish it, but not for profit.

[Jaded Devil]

I agree with what everyone said. That said, though, there's nothing to stop you from creating your own characters with similar powers/traits to Marvel's characters (provided they're not ridiculously close to the originals, like "Parker Peters, the Spectacular Man-Spider") and doing original stories about those characters for profit. There are tons of Superman-based/inspired characters who have had their own books over the years.

[Zak213]

that would be similar to doujinshi done in japan.
but i think it would be better just to create your own characters because then you could make a profit on it.

[The_Ronin]

that would be similar to doujinshi done in japan.
but i think it would be better just to create your own characters because then you could make a profit on it.

If you want to tell a really radical tale use expys, Come up with similar character to repersent their marvel counter parts... Instead of Thor (though mythological Thor is in the public domain) you could use his anglo saxon name. Instead of Iron man you can have a similar character with a new name. Maybe instead of Spider-Man you have "The Bug" or something.

Then you tell your tale using the expies. They are original, but everyone reading it understands who they are because they know the Marvel characters. Then you do something outlandish that would never happen in real Marvel comics, like most of them die, or they turn evil, or what have you.


People do it with the Justice League all the time. (Hell Marvel and DC have done it do each other)



They aren't rip offs because you fully admit they are to represent the well known characters. similar to a parody but with out necessarily being humorous.

[Madison Carter]

You know some artists like Todd McFarlane did it, but it was a long time ago. So is it possible now?

McFarlane did nothing of the sort. The Spider-Man books he worked on and created were works he did while being employed by Marvel and were published likewise.

[Eliseu Gouveia]

Marvel belongs to Disney now and they are VERY protective of their property.

You could be swimming with some very feisty sharks if you go there.

[FLEX HECTIC]

I say do it and live like Bruce Banner always on the run!


Say goodbye to family and friends and be on your way.


Disney has it's own special forces type bounty hunters so travel heavy.


Pack a compass, dehydrated food, a throw away cell phone and a Rambo sized knife.


Use cash and not credit cards so that they can't track your movements.


I envy you for all the fun that you are going to have.


After you outsmart Marvel do DC next characters next.


Long live Melo!

[Ed Love]

If you want the Law on your side, though it doesn't mean you cannot be sued and have it drug out in the courts until you go bankrupt... the first appearances of the GA Ka-zar, Namor, Human Torch, Angel and American Ace are apparently public domain (resources show that Motion Picture Funnies was never renewed, the Ka-zar pulp was not renewed and apparently nor was Marvel Comics #1). Also, cannot use them on the covers or in advertising due to trademarks, but they are fair game otherwise for derivative works. Just stay away from Toro, the Torch in a red suit (apparently it was blue in that first appearance), Namor in green trunks or black wet suit, and sabre-tooth tiger sidekicks ie anything that showed up from issue #2 on.

Makes it wide open for an Invaders-style comic with the Angel subbing for Captain America, Ka-zar and his lion for Toro and Bucky, and the American Ace piloting them around

[Madapplejack]

I say do it and live like Bruce Banner always on the run!


Say goodbye to family and friends and be on your way.


Disney has it's own special forces type bounty hunters so travel heavy.


Pack a compass, dehydrated food, a throw away cell phone and a Rambo sized knife.


Use cash and not credit cards so that they can't track your movements.


I envy you for all the fun that you are going to have.


After you outsmart Marvel do DC next characters next.


Long live Melo!

Posts like this one make me wish this forum had a 'like' button.

[Mister Mets]

I agree with what everyone said. That said, though, there's nothing to stop you from creating your own characters with similar powers/traits to Marvel's characters (provided they're not ridiculously close to the originals, like "Parker Peters, the Spectacular Man-Spider") and doing original stories about those characters for profit. There are tons of Superman-based/inspired characters who have had their own books over the years.

Yeah, it's basically the approach Paul Grist took with Jack Staff, which started out as a pastiche of Union Jack.

[AndAllThatCouldHaveBeen]

You could have Swiss Army Knife Man in place of Wolverine, who would actually be more handy. He has a corkscrew!