
It seems Erik Larsen, who recently used a lot of Golden Age Public Domain Superheroes in a Savage Dragon storyline, is planning to keep a few around.
As he recently stated in an interview, he plans to use the Golden Age Daredevil to be a regular in the Savage Dragon series.
I heard others in the Dynamite boards complaining, and that Erik is just ripping off the hype by Alex Ross and what Dynamite is doing.
I disagree and think it’s good for Erik, who has just as much right to any of these Golden Age heroes, as we the fans do, as well as other publishers.
Dynamite and Alex Ross DO NOT own these characters. And they sure as heck never created these characters either.
Erik plans to call him Daredevil in the book, and plays up that name saying, just like DC Captain Marvel is called that in the book, but is called Shazam in a published title, he can use it.
I hear what he’s saying, and I suppose it can be done. But in today’s outside media and the material that spins out of comics, I would change the name. Just to avoid any possible legal hassle down the line. And cause we’re not big time publishers who can afford any possible lawsuits.
But an interesting thing of note is I heard a rumor that AC Comics was planning to sue Dynamite, saying they own the rights to the visuals. For example Daredevil and how Dynamite has the same look, as theirs.
I’ve heard no further news on the case, and since Erik is using the same exact version as Dynamite. I guess their is no legal trouble, and anyone can in fact use the original visual and costume of these Public Domain Superheroes.
As it is, my plan is what Erik has done.
That is to use my own original creations in a series. Then to pepper in a few Golden Age heroes. And one of them is Daredevil because the visual is so cool, and I like his powers and reminds me of a Batman type of character.
Also Black Terror and Green Lama are on the list and a reworked Blue Beetle.
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I’m happy that I came across this forum. I’m an indepent comic creator, and publisher, who works with my own characters, but I also want to sprinkle in some of those golden age greats. I’m going to try and use some of the lesser used characters, but I’ll probably touch on the better known one’s occassionally as well. I spoke to Americomics at one point, and the suit was mentioned, but this was never followed up. Obviously, the books are still coming, along with other adaptations of the characters, so it must not have been successfull. I’ve been doing some of my own research, which is how I came across this site, but the basic essence of what everyone said, from whatever I’ve found out, is true. Once the characters are public domain, there’s no turning back. But, like Rob, I’m not a lawyer, so if you have any doubts or questions, check with a lawyer.
Hi Ken,
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.
the modern day characters will never fall into public domain the copyright laws have been changed too much. mickey mouse is supposed to be public domain i think but Disney was given some sort of exception. if marvel copyrighted the name captain marvel and daredevil couldn’t someone copyright the name black terror
Totally agree! That’s why getting “Golden Age” chearacters we have now is even more special. The odds, as you mention, of properties out now, not just comics but other forms of media ever being public domain is not going to happen. The corporations and lawyers today will see to that.
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.