Does being in the public domain actually hurt a character’s popularity?

[mathew101281]

Would characters like Spider-Man or Batman be more popular or less popular if they were able to fall into the public domain? Some say yes they would. But I feel that major characters benefit from the marketing and constant use by major corporations. Without that they can become like the Shadow. Really popular at one point but fell out of use, and into obscurity. Not all corporate owned characters are well known and loved but I can’t think of any public domain characters that are really popular.

[MajorHoy]

Would characters like Spider-Man or Batman be more popular or less popular if they were able to fall into the public domain? Some say yes they would. But I feel that major characters benefit from the marketing and constant use by major corporations. Without that they can become like the Shadow. Really popular at one point but fell out of use, and into obscurity. Not all corporate owned characters are well known and loved but I can’t think of any public domain characters that are really popular.

As far as I'm aware, The Shadow is not in the public domain yet.

As for the character's popularity in the public domain, would a company still want to produce quality material with a character the company did not own? You're liable to get stories by lesser-known writers and artists in a comic book produced by a minor-league publishing company.

[CSTowle]

Absolutely they would. It's how Disney became a powerhouse entertainment monopoly, taking advantage of the popular domain by making animated versions of old fairy tales and fables. They then went on to lobby to have their IP protected by copyright laws to protect their profit line and choke out upstart competition ("a tale as old as time").

Availability of IP allows for competition. The Disneys of the world already have every advantage to keep on making billions from superhero franchises, but imagine if they could make their own Batman or Wonder Woman to interact with the Thors/Guardians/etc. Or bring in the Transformers.

Even not trying to mix your PB with your J, it allows for the kind of creative freedom that a powerful parent company might not allow. My favorite Superman story of all time is Alan Moore's run on Supreme, but most of that literally couldn't be done in the Superman titles (outside of an Elseworlds/What If? type of imaginary story).

If IP/copyright laws protected creators and not IP warehouse/entertainment monopolies I might care more, but it does more to shackle art than protect artists (which I believe was the original intent). I say unleash the IP. Might get some decent Star Wars movies. And a Superman that's inspirational and "aw shucks" boyscout, rather than doing his best Batman impression. While allowing those other things for the audiences who want them.

[Mister Mets]

I think the characters would be bigger if they were public domain.

Look at Dracula. There's plenty of material about him available.

It would also help less-known characters. Maybe marketing is a big part of why Superman or Snoopy are so ubiquitous. But that doesn't necessarily mean anything for Blue Beetle or Namor.

[Riv86672]

It’s a double edged sword though, in that quality control for PDCs is non existent.

For every Nosferatu (1922), Dracula (1931), Bram Stoker's Dracula (1992), there’s a Dracula 2000 (2000), Dracula 3000 (2004), Van Helsing (2004), Billy The Kid Versus Dracula (1966), Old Dracula (1974), Dracula 3D (2012) Dracula III (2005), Monster Family (2017), etc. etc. ……

[CSTowle]

Fair. But look at Star Wars, for one example. Or Marvel, before they made every movie a "Guardians of the Galaxy" clone. There's been a lot of crap. And that's with thousands of people, and billions of dollars, invested in those franchises. There's always going to be crap. More crap than good, most likely. I'd rather let everyone take a shot, and rely on people whose opinions matter to me to steer me towards the good.

[Agent Z]

I think the scant number of Hercules and Robin Hood examples are a decent answer to how much good public domain does for a character.

Absolutely they would. It's how Disney became a powerhouse entertainment monopoly, taking advantage of the popular domain by making animated versions of old fairy tales and fables. They then went on to lobby to have their IP protected by copyright laws to protect their profit line and choke out upstart competition ("a tale as old as time").

Availability of IP allows for competition. The Disneys of the world already have every advantage to keep on making billions from superhero franchises, but imagine if they could make their own Batman or Wonder Woman to interact with the Thors/Guardians/etc. Or bring in the Transformers.

Even not trying to mix your PB with your J, it allows for the kind of creative freedom that a powerful parent company might not allow. My favorite Superman story of all time is Alan Moore's run on Supreme, but most of that literally couldn't be done in the Superman titles (outside of an Elseworlds/What If? type of imaginary story).

If IP/copyright laws protected creators and not IP warehouse/entertainment monopolies I might care more, but it does more to shackle art than protect artists (which I believe was the original intent). I say unleash the IP. Might get some decent Star Wars movies. And a Superman that's inspirational and "aw shucks" boyscout, rather than doing his best Batman impression. While allowing those other things for the audiences who want them.

You can watch Superman and Lois if you want a boy scout Superman.

Just because something isn't public domain doesn't mean you can't get variety.

Star Wars' recent output has been far more good than bad, but we all know how difficult it is to please that fanbase.

[Riv86672]

Fair. But look at Star Wars, for one example. Or Marvel, before they made every movie a "Guardians of the Galaxy" clone. There's been a lot of crap. And that's with thousands of people, and billions of dollars, invested in those franchises. There's always going to be crap. More crap than good, most likely. I'd rather let everyone take a shot, and rely on people whose opinions matter to me to steer me towards the good.

^^^Fair enough/I was going to Devil’s advocate myself by saying the same as you but figured I’d see if someone else brought it up.


I’m not of a let everyone take a shot mind, though. That’s nothing but personal opinion on my part which I know holds no weight.