Do you plan to use Public Domain Superheroes?

I just want to ask a question, if you are a comic book maker, or hopefully plan to be one day. Are you going to use any Public Domain Superheroes as part of your project?

I plan to, and was a reason I started this website. Because until Project Superpowers came out, I didn’t know there were Public Domain Superheroes. And don’t be fooled: Alex Ross, Dynamite Entertainment, Image comics and others DO NOT OWN These Characters.

And they CANNOT Prevent you from telling your own stories with these characters.

I am no lawyer, so don’t quote me, and of course, consider getting your own legal advice.

But my understanding and research on the issue is this: Once a property is in the public domain. It cannot go back into someones private hands.

With these comic book characters, we logged onto some great heroes. And I don’t think in this day and age, this would ever happen again.

Basically, the work made in the Golden Age, the copyright laws were different. And the rules are not like they were today. A lot of companies went out of business. Or they didn’t bother to register their characters. Don’t forget, comic books were looked down upon then by others. And it wasn’t something people bragged about working in.

But it all adds up to the fact that they are in the Public Domain, and that means they are free to be used by anyone.

But keep this important fact in mind: You must base your version on your own ideas and the only source material you can base it on is the Golden Age original material from the publishers back then.

By this I mean, you can follow strictly this Golden Age material. Or you can spin your own version in a whole new way.

But YOU CANNOT base your stores, ideas, or continuity on that of another publishers version. For example, DO NOT base your Black Terror on the Alex Ross version, in terms of character personality, costume and the elements he brings to it their.

Just stick to the rule of: Basing Your Version on the Original Material. And you cannot go wrong.

Forget Terror Obscura and the Alan Moore version. Don’t even bring it up.

I’d like to mention you can also redesign the costumes, changes the names, the secret identity names, the place they work, the city they live it, it’s all up to you.

Feel free to flex your creative muscle.

But a caution on the look: Stick to the original design and spin your own ideas. Do not copy what Alex Ross has done with his version and decide to make yours look the same way.

Basically I want to mention: Even though it’s public domain, as a publisher, they automatically have created “There Own Version” of that hero. The stories, personality, etc. are owned by them.

Just as Your Version, is owned by you, and another cannot legally base his material, on your version of that hero.

I’d also like to mention names: It pays to check and see what others are doing. I disagree that Marvel Comics has exclusive rights to the Daredevil name, but to play it safe I suggest Changing the name of the Golden Age Daredevil. AC Comics named theirs Red Devil. So don’t use that name either, AC Comics made that up and owns that version.

Personally, Daredevil is not a unique name. Such as Batman or Spider-Man. Like the Matrix movies had Robots called Sentinels. And Marvel Comics has robots called Sentinels. I think the word Daredevil is not unique. Heck, Stan Lee took the name the Golden Ages name to use on his version of Daredevil. Plus both heroes are not alike in terms of a reader being confused as to who they are.

Yet, as I said, to avoid the legal hassle of Daredevil, just change the name. And don’t use that terrible generic Superpowers name Dynamite had for him. They own that name for the character.

In case it wasn’t mentioned, I plan to one day hopefully use these Public Domain Superheroes in stories of mine. I plan to mix it in with my own original creations.

Why not stick to just my own you ask? As I’ve heard other comic creators say, it’s nice to play in others sandboxes. And that’s what these public domain heroes are: A chance to work with someone else’s sandbox. And yet to contribute your own take on the characters.

We may never get the chance to do this with our heroes like Batman, Spider-Man and all the rest. But legally, we can use these characters. And no editor or publisher can restrict us, or limit our imagination and the stories we want to tell with them. The only limits, are those you place upon yourself.
As it is, I’m planning Daredevil, who’ll have a different name my version, as someone who’ll stick close to the original published version in who he is.

The Black Terror though will be quite different from the how he was originally published and his costume altered.

Anyway, feel free to share your thoughts and comments.

Rob




   Posted in Public Domain Superheroes    

Subscribe RSS 2.0 feed. Responses are currently closed, but you can Trackback from your own site.





4 Responses to 'Do you plan to use Public Domain Superheroes?'

  1. Jase - April 21st, 2009 at 9:29 pm

    Nice site. Just found it as I’m interested in the topic. Out of curiosity, is there any reliable, up to date listing of which characters are available to use in the public domain?

  2. comicbookblogger - April 23rd, 2009 at 2:25 am

    Thanks for taking a look. :-)

    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.

  3. Jase - May 8th, 2009 at 10:18 pm

    Thanks, comicbookblogger. Good idea on looking at who Dynamite using. I was initially hoping of finding a PD character who hasn’t been touched up yet, but I understand this is a tricky area to be sure about. :D

    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!

  4. comicbookblogger - May 10th, 2009 at 3:58 pm

    Thanks :-)

    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. :-)