I think with some names like Black Terror and others like Daredevil is the whole Trademark thing. And how that and Copyright works. Basically it seems like a tangled mess. Because for example the original Blue Beetle is public domain. But can you use that name? Like the DD example, it seems like EVEN IF you can, it could maybe stir up an unnecessary mess with those big corporations. (And you know they have no problem sending lawyers on cases, even if they will lose. Cause those defending themselves can’t afford their lawyers bills. That’s what happened to Defiant Comics. Marvel sued for the Plasm name, even though they clearly had no case and lost. The Defiant comics bill was so much, they lost their finances and company.)

So basically in my view and for any small independent publisher, it sure might be wise to avoid what could be seen as legal issues. Even if technically you might be in the right. If that makes sense and what I’m trying to say.

I see nothing wrong with using who or what is out there. In fact I think it’s even better because the general public gets used to a character or idea, then if someone else takes it up like you, the public is already conditioned to who the character is.

Good choices!

DD is great because I think the visual is really sharp and one of the few I think that really does not look outdated. Original Blue Beetle is VERY tricky ground because DC has BB, but there version of the original one has powers and is a different origin then the Public Domain one. (And I heard DC really does go after the Independent guys, even for little things like names… DC a company never innovative enough in creative ideas to become the number one comic publisher again after Marvel took over.)

Anyway back to BB, very tricky ground in my opinion, and needless I think for sure a name change. Dynamite calls him only “Big Blue”. (Dynamite really is lacking in terms of getting better creative names.)

Amazing Man is a great choice, and I think it’s really cool Bill Everett created him. As well as Hydro (Originally called Hydro Man), who was in the Dynamite series (who has a different costume Alex Ross altered it). Both were made by the famous Sub-Mariner creator.

I believe Centaur is all Public Domain. And Fantoman is free to use. I think the Protectors redesigned him and called him Gravestone.

And best of all, if done right (as in avoiding their versions of the character) no one can stop say, a Thor vs Hercules smackdown.

From the ones already used, I am rather partial to the Golden Age Daredevil, and since both Larsen and Ross appear to be using him, I’d imagine there shouldn’t be a problem there(though I think I’d also do something about the name). Amazing Man’s good. The Arrow, too. The Dan Garret Blue Beetle would be interesting, though also tricky, to play with. I believe even Stardust is also PD.

And to put out something of an open request, I’d be really interested in finding out if Centaur characters Eye/Detective Eye and The Fantom of the Fair(also known as Fantoman, both of whom showed up in Malibu’s The Protectors series) are in the public domain, since I haven’t seen their names pop up in either Dynamite or the Next Issue Project. I know fellow Centaur characters like the Arrow and Amazing Man are in the pd, but one can never be too sure.

With the mythological/literature characters, I kind of already assumed what you said, but it’s a good thing to be reiterated nonetheless. Lord knows, I think I have some killer ideas for stuff that hasn’t been done with guys like Dracula, Hercules, Thor, etc.

Anyways, I appreciate the information. Good luck with the site, hope it keeps growing!

I actually had a few wiki links a while back that I got to find, sort out and when I find it I’ll make a post giving the links out.

My off hand thoughts are:

- First off I think it’s good to look at what Alex Ross and Dynamite are using. Chances are who they are using is Public Domain.

- Remember the Original visuals are free to use and redesign. Just don’t base your design on what others added or changed like Alex Ross did to the characters. Since they own those versions.

- Chances are if the Alex Ross Superpowers kept and can use the original name of the hero or villain, such as the Claw, Black Terror, etc. then those original names can be used as well. (Though see my earlier posts about being cautious I might advice changing the name a bit to avoid confusion, possible legal issues, and marketing possibilities in the future.) But that’s a subject up to the individual to decide.

I noticed Erik Larsen is calling him The Dynamic Daredevil, and not just Daredevil. Maybe he’s using Dynamic and saying that’s part of his name to get around any legal issue?

- Remember old literal and historical figures like the Norse gods can be used. For example anyone can make a Thor character who carries a hammer. You just have to make sure with Thor as an example, you don’t base any of it on the Marvel character. Do some historical research on who the character was, and make your own unique versions.

- Various figures from old books can be used. For example the poet Plato and his books like the Odyssey. Well anyone can update and use a character from the Odyssey in their own book.

Dracula is another example of public domain. Anyone can use him. It’s just that your version must be unique and not like the others out there.

The general rule is anything published before 1923 is considered public domain book wise. But it pays to do some online research cause everything is not public domain.

But there really is nothing stopping anyone from translating a public domain book character into a visual comic form as a character.

Thanks for stopping by and writing a comment. And for the news. Really glad to hear that the original visuals / character designs are fair use, and no one can claim ownership to them. I wasn’t able to get much news on the lawsuit. Glad it’s gone. (And speaking of which Larsen’s DD has an open mouth like Alex Ross’ work. From the early comics I couldn’t tell if it’s open mouth. Cause all you see is a white mouth expression, in the art style then. Hard to tell if it was the costume as a mask. Or a mouth itself. And there was nose indications in the original work. I guess an open mouth is okay. )

My thoughts on Public Domain Heroes are pretty much what I wrote on this blog. Basically, I don’t think comic works falling in Public Domain will ever happen nowadays with corporations today. It’s sometimes fun to play with anothers sandbox / creations. And to mix it in.

The only problem may be on marketing / the names and the whole trademark thing. And as I mentioned changing names, while not a have to, might not be a bad idea. To each their own.

Glad you got plans for some Public Domain heroes as well. Just don’t be afraid to use any big name characters either. They can’t stop you.