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View Full Version : how long before Superman goes public domain?



Jacob Lyon Goddard
07-25-2005, 05:24 PM
and what happens then?

Ben Rosen
07-25-2005, 05:25 PM
dc will do something so it never happens.

ad all you poeple who care so dearly for continuity will just have no idea what to do.

sonnylarue
07-25-2005, 05:26 PM
the siegel & schuster superboy case is still going on.

Jacob Lyon Goddard
07-25-2005, 05:29 PM
i would LOVE to see Ted Turner do something with Superman, just to piss on AOL-Time/Warner's shoes

sonnylarue
07-25-2005, 05:30 PM
the sonny bono act (i kid you not) extended the current copyright law to stretch to 90 yerars, so 2028 might be the first possibilty that the supes look of 1938 would go to the PD, but the superman trademark will always be with time warner.

to put it in marvel terms, let's say the ditko drawn spidey image goes top public domain, but the bagely image marvel usues today, would still be trade marked.

(i'm not a lawyer, and expect this explanation would have sounded better, had it not come straight from my ass)

Blake Sims
07-25-2005, 05:31 PM
thats wierd cause isnt Night of the Living Dead considered public domain?

Jacob Lyon Goddard
07-25-2005, 05:32 PM
the sonny bono act (i kid you not) extended the current copyright law to stretch to 90 yerars,
ah, yes

Disney did that to prove to the world that if they fuck with Mickey Mouse, the US Congress will nuke you

Jamie Howdeshell
07-25-2005, 05:34 PM
thats wierd cause isnt Night of the Living Dead considered public domain?

nobody tried to stretch the rights. they lapsed.

Taxman
07-25-2005, 05:36 PM
the sonny bono act (i kid you not) extended the current copyright law to stretch to 90 yerars, so 2028 might be the first possibilty that the supes look of 1938 would go to the PD, but the superman trademark will always be with time warner.

to put it in marvel terms, let's say the ditko drawn spidey image goes top public domain, but the bagely image marvel usues today, would still be trade marked.

(i'm not a lawyer, and expect this explanation would have sounded better, had it not come straight from my ass)

It will be extended long beyond any of our life times. The value of these various characters is way too much for any huge media conglomerates to allow the possibility of losing their hold on.

sonnylarue
07-25-2005, 05:37 PM
the siegel case , is is it beholden to the current law, or does the 1976 copywright act provision, still apply?

google for the info, it's very interesting.

Jacob Lyon Goddard
07-25-2005, 05:39 PM
It will be extended long beyond any of our life times. The value of these various characters is way too much for any huge media conglomerates to allow the possibility of losing their hold on.
all of the fan-fic geek's heads are going to explode when Lord of The Rings hits 75 years

Blake Sims
07-25-2005, 05:39 PM
nobody tried to stretch the rights. they lapsed.
oh ok

Jamie Howdeshell
07-25-2005, 05:42 PM
all of the fan-fic geek's heads are going to explode when Lord of The Rings hits 75 years

i doubt it.
i'm sure the Tolkien estate will hold on to those rights.

DigiEmissary
07-25-2005, 05:42 PM
all of the fan-fic geek's heads are going to explode when Lord of The Rings hits 75 years

and then those who are still alive will be sued to hell for describing any of the characters as looking like any of the actors in the movies.

i think we've just found the reason for all of the remakes in Hollywood lately.

Jacob Lyon Goddard
07-25-2005, 05:44 PM
i doubt it.
i'm sure the Tolkien estate will hold on to those rights.
i'm sure they'll hold reproduction and story rights, but not to the characters or situations

Patton
07-25-2005, 05:46 PM
and then those who are still alive will be sued to hell for describing any of the characters as looking like any of the actors in the movies.

i think we've just found the reason for all of the remakes in Hollywood lately.
:scared:

Flonk
07-25-2005, 05:48 PM
and what happens then?


I think Mickey Mouse becomes public domain first.

Jacob Lyon Goddard
07-25-2005, 05:49 PM
I think Mickey Mouse becomes public domain first.
read a few posts down

Jerome Gibbons
07-25-2005, 05:50 PM
The law makes my head hurt.

Flonk
07-25-2005, 05:50 PM
i'm sure they'll hold reproduction and story rights, but not to the characters or situations


That's what happened with the Oz books, right?


I'm sure there are other examples, but that the first that popped into my mind.

Flonk
07-25-2005, 05:51 PM
read a few posts down

I stand by my statement.


I meant what I said, and I said what I meant. A Flonk is faithful, one hundred percent.

Scott Chantler
07-25-2005, 05:56 PM
There's a lot of confusion here between trademarks and copyrights.

Superman the trademark will remain the property of DC Comics for as long as they keep renewing it (not sure what's going on with certain legal cases, but let's assume their ownership goes unchallenged). If anyone's looking forward to a day when they're going to be able to legally publish their own Superman stories, I hate to tell you that it ain't gonna happen.

The copyrights on early Superman stories will, I suppose, expire at some point down the road (not sure when the current expiry date is...someone said 75 years, which sounds about right). Would this give other people the right to reprint the stories in question? Probably not, since the main character and the title "Superman" would remain the trademarks of DC.

Jamie Howdeshell
07-25-2005, 06:00 PM
i'm sure they'll hold reproduction and story rights, but not to the characters or situations

i don't think you know what you are talking about.
please see the wise Mr. Chantler's post below for information.



There's a lot of confusion here between trademarks and copyrights.

Superman the trademark will remain the property of DC Comics for as long as they keep renewing it (not sure what's going on with certain legal cases, but let's assume their ownership goes unchallenged). If anyone's looking forward to a day when they're going to be able to legally publish their own Superman stories, I hate to tell you that it ain't gonna happen.

The copyrights on early Superman stories will, I suppose, expire at some point down the road (not sure when the current expiry date is...someone said 75 years, which sounds about right). Would this give other people the right to reprint the stories in question? Probably not, since the main character and the title "Superman" would remain the trademarks of DC.

Jacob Lyon Goddard
07-25-2005, 06:06 PM
That's what happened with the Oz books, right?


I'm sure there are other examples, but that the first that popped into my mind.
League Of Extraordenary Gentlemen

Captain Nate
07-25-2005, 06:11 PM
The copyrights on early Superman stories will, I suppose, expire at some point down the road (not sure when the current expiry date is...someone said 75 years, which sounds about right). Would this give other people the right to reprint the stories in question? Probably not, since the main character and the title "Superman" would remain the trademarks of DC.

Right now anyone can published Filmation's Superman cartoons, so I doubt that would be a problem.

Flonk
07-25-2005, 06:19 PM
League Of Extraordenary Gentlemen


I know Alan Moore couldn't use Fu Manchu, but I'm pretty sure everyone else in the book was public domain.

FredC
07-25-2005, 06:42 PM
Alice in Wonderland is public domain too, yes?

Jacob Lyon Goddard
07-25-2005, 06:48 PM
Alice in Wonderland is public domain too, yes?
i'd imagine
it would have to be with Moore's Lost Girls and that video game

Jacob Lyon Goddard
07-25-2005, 06:50 PM
I know Alan Moore couldn't use Fu Manchu, but I'm pretty sure everyone else in the book was public domain.
i'm sure there's a reason that the name Dracula was never used too
might have to do with the MGM movie title rights

Blake Sims
07-25-2005, 06:52 PM
Alice in Wonderland is public domain too, yes?
good cause I want to do a version of that for a comic

Ben Rosen
07-25-2005, 06:54 PM
i'm sure there's a reason that the name Dracula was never used too
might have to do with the MGM movie title rights

but doesn't batman always seem to fight dracula? and theres king arthur vs dracula...

Jacob Lyon Goddard
07-25-2005, 06:56 PM
good cause I want to do a version of that for a comic
but i don't think you'd be able to call it Alice In Wonderland

Blake Sims
07-25-2005, 06:56 PM
but i don't think you'd be able to call it Alice In Wonderland
oh I wouldn't
more like Blake In Wonderland... :D

sonnylarue
07-25-2005, 07:00 PM
i'm sure there's a reason that the name Dracula was never used too
might have to do with the MGM movie title rights

wrong Dracula IS in the public domain,

Ben
07-25-2005, 07:08 PM
wrong Dracula IS in the public domain,
Dracula's a real guy. Like Eliot Ness.

Flonk
07-25-2005, 07:38 PM
but doesn't batman always seem to fight dracula? and theres king arthur vs dracula...


There's a Marvel Dracula too. I think he's Blade's daddy. And he was a whiney pain in the ass with Kermit the Frog eyes in Blade 3

DigiEmissary
07-25-2005, 07:43 PM
There's a Marvel Dracula too. I think he's Blade's daddy. And he was a whiney pain in the ass with Kermit the Frog eyes in Blade 3

and he had a thing for Storm.

Bill?
07-26-2005, 12:11 AM
i dont think he ever will.
not as long as they keep producing original material with him in it.

joespam
07-26-2005, 04:28 AM
thats wierd cause isnt Night of the Living Dead considered public domain?

nobody tried to stretch the rights. they lapsed.


Not true. Prints of NOTLD were distributed without a copyright notice. By law it became an uncopyrighted work when first shown. It was a rookie mistake by the filmmakers.


The film lapsed into the public domain because of the film makers' neglect to put a proper copyright notice on the film's prints, at a time when proper notice was required to maintain copyright. (That requirement was removed with the United States' Berne Convention Implementation Act and Copyright Term Extension Act, which together provided for automatic copyright on any work once it was put into a "fixed form," and automatic copyright term renewal on all copyrighted works).

JD
07-26-2005, 05:37 AM
Along with Disney, Scribner Publishing house has been lobbying for extension of the copyright laws, because their hold over everything done by Hemmingway and Fitzgerald, their bread and butter books, is coming dangerously close to expiring
JD

Gene Reginato
07-26-2005, 06:15 AM
My understanding is that in 2038, other people will be allowed to write/publish Superman stories.
What they won't be able to do is use the image/logo/symbols of DC's Superman.

But I'm no expert at all om these subjects. That's what I read when the 60 years periodo lapsed.