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On 9/2/2023 at 4:39 PM, 赤い竜 said:

Trademarks can be renewed, so titles, names, slogans, phrases, logo.

People forget Trademarks can also protect likeness, so even if the very early version of Superman goes into the public domain in the next decade, DC retains the likeness of Superman via renewing the trademarks they own.

well, yes trademarks can protect a likeness. But there are limitations. When Superman/Clark Kent (and Lois Lane!) enters the public domain, DC would not be able to stop anybody from:
1) reprinting Action Comics #1, either in part or in whole
2) using the likeness of Superman in any venture they wanted

Note that any elements added after AC1 would still be copyrighted [flying, "the man of tomorrow", "faster than a speeding bullet", the Daily Planet, etc.]  They would not be able to call the comic book/movie/tv show/whatever "Superman", as that is still trademarked, but you could have the AC1 Superman front and center on your book. You could even call him Superman, just not the book/product that.

it will be interesting to see what steps Warner Bros. takes to keep as much control as possible. i expect that a LOT of lawsuits will be springing up. of course, we're still 10 years from this even happening, so let's focus first on Mickey Mouse, who becomes PD on 1/1/24. 

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1 hour ago, twiztor said:

well, yes trademarks can protect a likeness. But there are limitations. When Superman/Clark Kent (and Lois Lane!) enters the public domain, DC would not be able to stop anybody from:
1) reprinting Action Comics #1, either in part or in whole
2) using the likeness of Superman in any venture they wanted

Note that any elements added after AC1 would still be copyrighted [flying, "the man of tomorrow", "faster than a speeding bullet", the Daily Planet, etc.]  They would not be able to call the comic book/movie/tv show/whatever "Superman", as that is still trademarked, but you could have the AC1 Superman front and center on your book. You could even call him Superman, just not the book/product that.

it will be interesting to see what steps Warner Bros. takes to keep as much control as possible. i expect that a LOT of lawsuits will be springing up. of course, we're still 10 years from this even happening, so let's focus first on Mickey Mouse, who becomes PD on 1/1/24. 

Plenty of websites say his look as exactly can't be used. His logo certainly can't be used, and not even earlier logos.

https://blog.gocollect.com/why-you-wont-be-able-to-publish-your-own-superman-comic-in-2034/

https://corporate.findlaw.com/intellectual-property/protection-of-graphic-characters.html

https://www.pcmag.com/news/happy-birthday-or-why-other-pop-culture-isnt-in-the-public-domain

https://www.businessinsider.com/what-happens-when-bataman-superman-dc-characters-enter-public-domain-2022-8

Some companies use trademarks to protect the look instead of just copyrights

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12 hours ago, 赤い竜 said:

Plenty of websites say his look as exactly can't be used. His logo certainly can't be used, and not even earlier logos.

Some companies use trademarks to protect the look instead of just copyrights

all of that is technically true, but none of it has actually been challenged in court, so it's still a thorny issue. i expect that between Disney's Mickie Mouse issues and Warner/DC's Superman issues (not to mention all of the comic characters that are directly behind- like Batman, the Human Torch, and Namor in 1939/2035), we may see some of this sorted out. Until then, it will be problematic to use those characters, if only because the big companies will sue you into oblivion, and likely either hold up the litigation in court until you're broke, or settle with you so- with you not using the character, and the courts not making the determination. i look forward to seeing how this shakes out, but it will take many years before we get real answers, and, speaking as a realist, i don't see it benefiting the public in the end. 

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Went into my local Barnes & Noble, for probably the first time in 20 years, and really could feel why the book market penetration for most mainstream graphic novels is so poor. The main western comic section is about a quarter the size of the manga section and it's just a jumble of stuff. Sure, there's a shelf of Batman stuff but, unless you know what you're looking for, nothing sticks out. The only things that really stuck out were the self-contained series like Invincible or Saga. This was in steep contrast to the much smaller young adult graphic novel section which was much more shoppable and browseable which was located at the end of the young adult book section.

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There's a theory that the reason Disney started using the Steamboat Willie version of Mickey in the WDAS logo in recent years is to double down on the trademark protection. I'm pretty sure we'll have a lot more clarity by the time Superman hits public domain.

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7 hours ago, Brian Fowler said:

There's a theory that the reason Disney started using the Steamboat Willie version of Mickey in the WDAS logo in recent years is to double down on the trademark protection. I'm pretty sure we'll have a lot more clarity by the time Superman hits public domain.

Steamboat Willie is a particularly interesting example. Original prints of the short either had incorrect copyright information or none on them (can't remember off the top of my head all of the finer details). a few law schools have surmised that the short should legally ALREADY be part of the PD. Of course, nobody is stupid enough to challenge Disney to a court battle, especially since we're so close to that result happening anyway. 

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That stuff about Donny Cates is weird and awful. He has legit brain damage now, from his car accident. He lives with some amnesia. He also got divorced.

He was one the who was going to originally write the Ultimate Universe stuff, but it's all aborted now and the plans changed to Hickman's new Universe.

 

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3 hours ago, 赤い竜 said:

That stuff about Donny Cates is weird and awful. He has legit brain damage now, from his car accident. He lives with some amnesia. He also got divorced.

He was one the who was going to originally write the Ultimate Universe stuff, but it's all aborted now and the plans changed to Hickman's new Universe.

 

Definitely one of those situations where the truth is stranger than fiction. Best wishes for Cates and it's nice to see that he can at least have a sense of humor about all he's been through.

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  • 4 weeks later...
  • 1 month later...

Well Lord knows Dark Horse could use something with all the properties they've lost since Disney bought Fox and started pulling all the licenses. (Or even before with Star Wars.)

I'm not the biggest Mark Millar fan but at least his books still generally sell decent numbers.

Edited by Brian Fowler
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On 12/8/2023 at 10:00 PM, Brian Fowler said:

Well Lord knows Dark Horse could use something with all the properties they've lost since Disney bought Fox and started pulling all the licenses. (Or even before with Star Wars.)

I'm not the biggest Mark Millar fan but at least his books still generally sell decent numbers.

I've changed my mind. Is it too late for Dark Horse to get out of this deal?

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  • 1 month later...

I don't know how many of you give a crap, and I generally am not an industry head by any means, but one guy on Youtube has been around for about a year and has released some of the most well-researched and compelling comics video essays I've seen.  Hell, just some of the best video essays period.  Here's his latest. 

If you haven't seen some of his stuff before, have fun losing the rest of the afternoon.  He seems to put out maybe one a month and they're all interesting stories, spending as much time digging into long past artists as modern things.  And unlike some jackholes on YT, he actually credits his sources.

Edited by Contentious C
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