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Superman in Public Domain

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Quick question for people familiar with copyright laws. I've seen the year 2033 repeated over and over again as the year that Superman enters the public domain. Action Comics #1 was published June 30, 1938, plus 95 years of copyright protection, brings us to 2033.

 

However, I read one article that mentions that copyright protection ends January of the following year - which would make it January 1, 2034.

 

Any idea which date is accurate?

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i don't know the answer, maybe it's just extended to the end of whatever calendar year it falls in

 

but really, it's the 1938 version of superman that will be PD. to the extent the character has evolved/changed, DC has copyrights on all of that and it will need to be 95 years from them. it's a little tricky and i suppose someone can come up with their own superman version in 2034 so long as it hasn't already been done.

 

is the superman who was floating around in 1938 even the same one in the comics today? i get confused with DC with all the various earths and what not.

 

i suppose by then DC will put out every conceivable twist on the charcater to foreclose those possibilities.

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I'm sure that in 2032 another Superman will be made that is nearly identical to the one from 1938 by the trademark holders which will protect it for another 100 years.

 

i don't think it would be that easy to extend it like that.

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the issue will be clouded by the Siegel/ Shuster court case in which they may soon gain rights to half of Supes.. But moreover, with the strength of media companies today, the old concept of pubic domain will only apply to those small weak companies unwilling to protect their characters by continual use. But TW and Disney will in all likelihood never be forced to release their death grips on their characters.

 

in other words the clock will not run out on them. Legislation will be bought and paid for that keeps extending the date.

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the issue will be clouded by the Siegel/ Shuster court case in which they may soon gain rights to half of Supes.. But moreover, with the strength of media companies today, the old concept of pubic domain will only apply to those small weak companies unwilling to protect their characters by continual use. But TW and Disney will in all likelihood never be forced to release their death grips on their characters.

 

in other words the clock will not run out on them. Legislation will be bought and paid for that keeps extending the date.

 

Ok, explaining some of the confusion here (based upon my understanding of it all):

 

1) This is not dependent on the Siegel/Shuster court cases. Regardless of who owns the copyright, or its continual use, the character will enter the public domain in 2033/4.

 

2) Yes, legislation could be brought to extend it (as it has in the past), but today the public is more aware of what it means, so it might prove to be more difficult to pass this through congress. And, they'd have to make concessions to original copyright owners, or something, to make it fair (and that's how we ended up with the current Superman lawsuit)

 

3) This only applies to the 1938 version of Superman, yes. But there are many, many elements introduced in Action Comics #1 that are still in use today. You could print your own version of Superman that would be quite recognizable. The catch, though, is getting around the trademark, which does not expire (DC owns the name, the S shield, etc.).

 

4) Creating an identical Superman wouldn't work, as it would violate copyright (see the Captain Marvel lawsuit). But then again, it wouldn't matter, as anyone in 2033/4 could make their own identical versions. The 1938 Superman would be in public domain, and could not then be separately copyrighted.

 

5) I believe that, yes, you could make facsimiles of Action #1 and sell them, as that would be in public domain. And yes, anyone could use Superman without getting permission. The catch, again, (and probably in both cases) is getting around the trademark issues.

 

6) And it's not just Action #1 that is in public domain - its the contents of it. For example, the book Wizard of Oz is in public domain. Not only can you print your own copies of it, but you can also create your own stories based upon the classic characters from the novel. But you're limited to elements contained within Action #1 (though, presumably, the other issues would then become available every month thereafter). So, you couldn't write a story featuring Brainiac, since he would still be protected.

 

But back to my original question - is it Jan 1, 2034?

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If all that is true, I don't see it being a big deal. No "S"? Who is going to want to read/watch/play that? Of course I'm sure DC thinks it's a big deal and maybe rightfully so, but plenty of characters came before Superman and after Superman that just died off completely because it's not the color of the cape but a combination of many things that Superman had when it came out that made it successful. I think if we had never heard of Superman and his first appearance was next month, he wouldn't be that big a hit. It's the history that came with the character that captured an audience way back in the olden days that sells the character. I think if Superman falls into public domain it will still be missing what makes the DC character successful.

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the issue will be clouded by the Siegel/ Shuster court case in which they may soon gain rights to half of Supes.. But moreover, with the strength of media companies today, the old concept of pubic domain will only apply to those small weak companies unwilling to protect their characters by continual use. But TW and Disney will in all likelihood never be forced to release their death grips on their characters.

 

in other words the clock will not run out on them. Legislation will be bought and paid for that keeps extending the date.

 

Ok, explaining some of the confusion here (based upon my understanding of it all):

 

1) This is not dependent on the Siegel/Shuster court cases. Regardless of who owns the copyright, or its continual use, the character will enter the public domain in 2033/4.

 

2) Yes, legislation could be brought to extend it (as it has in the past), but today the public is more aware of what it means, so it might prove to be more difficult to pass this through congress. And, they'd have to make concessions to original copyright owners, or something, to make it fair (and that's how we ended up with the current Superman lawsuit)

 

3) This only applies to the 1938 version of Superman, yes. But there are many, many elements introduced in Action Comics #1 that are still in use today. You could print your own version of Superman that would be quite recognizable. The catch, though, is getting around the trademark, which does not expire (DC owns the name, the S shield, etc.).

 

4) Creating an identical Superman wouldn't work, as it would violate copyright (see the Captain Marvel lawsuit). But then again, it wouldn't matter, as anyone in 2033/4 could make their own identical versions. The 1938 Superman would be in public domain, and could not then be separately copyrighted.

 

5) I believe that, yes, you could make facsimiles of Action #1 and sell them, as that would be in public domain. And yes, anyone could use Superman without getting permission. The catch, again, (and probably in both cases) is getting around the trademark issues.

 

6) And it's not just Action #1 that is in public domain - its the contents of it. For example, the book Wizard of Oz is in public domain. Not only can you print your own copies of it, but you can also create your own stories based upon the classic characters from the novel. But you're limited to elements contained within Action #1 (though, presumably, the other issues would then become available every month thereafter). So, you couldn't write a story featuring Brainiac, since he would still be protected.

 

But back to my original question - is it Jan 1, 2034?

 

 

my guess was that the results of the SS/DC lawsuit might net SS a new clock starting now.

 

But my vote is that Congress will be moved to extend the deadline. again. and again until no one cares about Superman, Which, sadly, is a real possibility depending on how things go on the planet, etc

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my guess was that the results of the SS/DC lawsuit might net SS a new clock starting now.

 

But my vote is that Congress will be moved to extend the deadline. again. and again until no one cares about Superman, Which, sadly, is a real possibility depending on how things go on the planet, etc

 

Yeah, but that's not how it works. With the SS lawsuit, they only have a few decades to profit off of Superman.

 

And as for extending the deadline - remember, it would extend the deadline on *all* copyrights, not just Superman. And at that point, the Siegel and Shuster estates will presumably hold the copyrights themselves (and not DC) - unless they agree to sell it back to DC sometime between now and then.

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