Public Domain Super Heroes?

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sunandshadow

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But character creation is the easy part, it's figuring out how to draw that character performing actions and show emotions, in perspective with a background, in individual panels that's the hard part. Unless you're talking about a situation where a whole comic book or more is made public domain allowing people to use it as clip art to illustrate a new story.
 

JamesRobertSmith

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Public Doman Superheroes

Yes, there are public domain superheroes. A number of them. Of course these can be nabbed and a copyright and trademark submitted by folk willing to do the legwork and create new work.

Back in the mid-80s, Michael T. Gilbert revived and began using MR. MONSTER, a character that had fallen into the public domain.
 

BigWords

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If anyone is thinking of reviving characters, remember that individual comics can be in the public domain (such as the Fiction House titles) but the characters therein (Sheena for one) may still be protected to a degree. Messy legal situations can be avoided easily by changing enough of the source material to create a new character on the bones of an old idea.
 

Axler

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The name "Sheena" of course is trademarked.

However, the original comic stories featuring her are in public domain, so if someone wantes to reprint old Sheena stories, they would have to do so in a publication under a different title.

Like this one.

jg8.jpg
 
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MadMikeyD

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I really like the idea that these characters could be in any story. The Black Terror (or idea thereof) has been used by AC, Eclipse, ABC and Dynamite, to name a few. The character of Jenny Everywhere, created specifically as an "open source" webcomic character has dozens of variations, including a new print comic with art by Atomic Robo's Scott Wegener. We released our characters as such because we thought it would be cool to see what other people might do with them. I think it's a shame that practically no work will ever be public domain again. Thanks Disney.
 
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Art_Sempai

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Jenny Everywhere seems to be popular everywhere lol.

I wouldn't mind my characters becoming public domain after I'm gone.
It would be better than being owned by some corporation and never used.
 

MadMikeyD

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On the subject of public domain characters, even the big boys pull them out from time to time. Besides using John Aman, the Amazing Man, in Iron Fist, recently Marvel has been making use of Dr. Nemesis. Dr. Nemesis was originally an Ace Publications character. After Ace went out of business he fell into public domain. Roy Thomas used him in an Invaders mini-series in the 1990s (along with several other PD characters). In that mini he was revealed as an assisstant in the creation of the original Human Torch. This year, he was brought into the X-Men books and said to be the first mutant. He even cameoed in The Marvels Project #1 during the Torch's origin sequence. So, hey if it's good enough for the big guys...
 

Mac H.

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Let's look at "Dr Nemesis". Clearly Marvel character is a derivative work of the Ace character. So the unique attributes that appear in the Marvel comics but not in the Ace comics are copyright by Marvel. If the original Ace character is public domain then ONLY THE ATTRIBUTES THAT ARE IN THE ORIGINAL ACE CHARACTER are public domain.

So what are those attributes? It clearly isn't as simple as simply saying 'Dr Nemesis' is public domain.

Can someone list the parts of 'Dr Nemesis' that are public domain and the parts that aren't ?

And when a company goes out of business, they usually sell their assets to someone else.

How can we figure out if Ace sold any of their assets to Marvel, or whether they let things lapse into public domain?

For example, Charlton seems to have sold the copyright of most of their characters to DC - yet this resource seems to believe that the Charlton characters are public domain.

Mac
 

Axler

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Charlton sold the copyrights of their so-called "Action Heroes" line to DC which includes Captain Atom, Blue Beetle*, Peacemaker, Sarge Steel, Judomaster, The Question and varioius sundry supporting characters such as Nightshade. Thunderbolt remains the property of Pete Morisi's estate.

That's pretty much it.

Everything else published by Charlton up to the 1960s is pretty much a murk in regards to copyright. That probably doesn't make them so much public domain and "orphaned works."

*The Golden Age Blue Beetle stories published by Fox and Charlton are in public domain, but the title "Blue Beetle" is probably trademarked by DC...or at least there's a claim of it.
 

MadMikeyD

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Let's look at "Dr Nemesis". Clearly Marvel character is a derivative work of the Ace character. So the unique attributes that appear in the Marvel comics but not in the Ace comics are copyright by Marvel. If the original Ace character is public domain then ONLY THE ATTRIBUTES THAT ARE IN THE ORIGINAL ACE CHARACTER are public domain.

Mac

Agreed. Dr. Nemesis, as published in Ace comics, is public domain. All of his Ace adventures are public domain. The public domain version did not help create the Human Torch. He did not lead the Battle-Axis in WWII. He is not the original mutant. Those are all Marvel elements that belong to Marvel.

As for Blue Beetle, the original Fox Features BB, police officer Dan Garret, is public domain. He appeared in reprints for Charlton. Charlton's Blue Beetle, archaelogist Dan Garrett, is property of DC, as are all subsequesnt BBs. And DC does have trademark on BB. That's why he's referred to as "Big Blue" in Project Superpowers.

That's the idea behind our website. We try to present a PD character, give a brief synopsis of their PD information (secret ID, origin, important details), and list the PD sources (Golden Age PD comics). We do not (intentionally) mention any copyrighted information. That way we can be used as a research tool for creators looking for characters to use.
 
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Axler

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That's why he's referred to as "Big Blue" in Project Superpowers.

Big Blue?

Man, that sucks. Why not The Blue Scarab or something?

Did he get his powers from a radiation leak at IBM headquarters?

Anyway...

There are a great deal of "orphaned" works that will eventually become public domain if somebody doesn't do something with them.

The main reason we came out with the Justice Machine TPB was to solidify our claim to the property.

1217637907_c3HMLrOwCE.jpg
 

BigWords

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Big Blue... Riiight.

My mind went somewhere else completely when I read that. I'm looking at the post thinking "Gee, is it really that cold?" and wondering if someone couldn't help him out. I really don't want to be thinking of David Niven's frostbite problem when I'm reading a comic...
 

dpaterso

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Hopefully not too far off-topic, I had a good chuckle at a comic announced on the TWCL forum a couple of days ago. Out Of Print is a support group for public domain superheroes, in the Peanuts/Calvin and Hobbes style (the characters are kids). http://oopcomics.com/

-Derek
 

SirOtter

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Hopefully not too far off-topic, I had a good chuckle at a comic announced on the TWCL forum a couple of days ago. Out Of Print is a support group for public domain superheroes, in the Peanuts/Calvin and Hobbes style (the characters are kids). http://oopcomics.com/

-Derek

That's a hoot. I really enjoyed that. Nicely done!
 

MadMikeyD

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Hopefully not too far off-topic, I had a good chuckle at a comic announced on the TWCL forum a couple of days ago. Out Of Print is a support group for public domain superheroes, in the Peanuts/Calvin and Hobbes style (the characters are kids). http://oopcomics.com/

-Derek

Beat me to it. I just found that strip yesterday and was going to mention it as well. I think it's a good example of the fun of public domain characters.
 

Art_Sempai

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An actual support group for superheroes is nice idea. LOL

If more people knew about public domain characters more stories would be made.
Maybe more advertising is in order.

...Just don't tell Hollywood. LOL
Hmm...I wonder if Disney will go after those grey area rights characters.
 
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