Can someone tell me the actual copyright rules as they apply to comics?

[kcomics]

Can someone tell me the actual copyright rules as they apply to comics, novels, and screenplays?

I've been thinking about creating my own superhero comics or writing a superhero-based novel, but I'm worried about copyright infringement, as my current ideas use DC and/or Marvel as the model and have characters that have a lot in common with specific popular DC or Marvel characters. I've been told there is nothing wrong with this, because look at Deadpool vs. Deathstroke and the hundreds of other characters who started as characters clearly modeled off of other popular characters, but I also remember that DC sued the original creators of Shazam because they claimed he was too much like Superman.

I'm confused and would like someone to clarify the actual rule, what's acceptable and what's not? I know if this were a video game or a parody, the rules on infringement would be very lax in most cases, but I'm not sure that applies to non-parody works. I wish I understood this better.

Also, I wasn't sure where to post this question. If this is the wrong place for this, please feel free to move it.

[Tami]

Can someone tell me the actual copyright rules as they apply to comics, novels, and screenplays?

I've been thinking about creating my own superhero comics or writing a superhero-based novel, but I'm worried about copyright infringement, as my current ideas use DC and/or Marvel as the model and have characters that have a lot in common with specific popular DC or Marvel characters. I've been told there is nothing wrong with this, because look at Deadpool vs. Deathstroke and the hundreds of other characters who started as characters clearly modeled off of other popular characters, but I also remember that DC sued the original creators of Shazam because they claimed he was too much like Superman.

I'm confused and would like someone to clarify the actual rule, what's acceptable and what's not? I know if this were a video game or a parody, the rules on infringement would be very lax in most cases, but I'm not sure that applies to non-parody works. I wish I understood this better.

Also, I wasn't sure where to post this question. If this is the wrong place for this, please feel free to move it.

Legally it is more complex than it should be. In simple terms, if you are aware that the work you are doing is derivative of the work of others, that your work borrows enough from another person or company's work so as to be obvious and clearly derivative, and that you are doing this for profit, then there is a risk that you might be taken to court for violating the copyright act.

The fact that you are asking this question suggests that you know the answer.

In truth, most writing has some semblance to other works. For example, all of the hundreds of books about werewolves, vampires, and superheroes. If any of your characters are flying around in tights, with a cape, and sporting a large letter on their chests then DC Comics might have a word with you.

Be as original and creative as you can. The little guys rarely ever get tagged, but it has happened. If it would help, find a copyright Lawyer and pay them $100 to review your work before you publish it.

[worstblogever]

I'd ask a lawyer, although, I'd hope you could pro bono.

Getting the info from randos on the net could end up soliciting the wrong legal advice.

Just a principle to consider to keep you out of trouble in a court at the wrong time.

[ed2962]

I'm pretty sure DC ended up losing the suit on appeal but by the time the case was settled, Fawcett decided they didn't want to publish comics anymore.

I think a lot of it comes down to plagiarism and "market confusion" ( I'm not sure of the exact term). But if the original copyright holder thinks you're making money off their IP , you might be in trouble. If it's about Trademarks, I'm no lawyer but I'd think there would be some way to look up specific names and titles. If your character has a red cape and super strength but he's "Johnny Disco" and not similar to Superman in any other way, you're probably fine. But if you call your sit-com Dad character "Superman" and he's super cuz he solves all the family's problems, you're probably going to have to change the title.

But yeah, going back to Shazam/Capt Marvel...it's a pretty interesting story about who can and can't use the Capt Marvel name and under what circumstances.

[MRP]

Make sure you learn trademark law as well, as that's as big or bigger than copyright law, and a completely different thing. Something could lapse into public domain and still be protected by trademarks since trademarks never lapse as long as they are renewed.

-M

[Mister Mets]

One way to protect yourself would be to use public domain characters, or to use details that are shared by multiple characters from different licenses. DC is not going to sue you for having a flying guy with a cape because they haven't sued Marvel for Hyperion or Dynamite/ Amazon for The Boys.

Honestly, it's quite rare for a major company to sue for copyright infringement. The last example I can recall for someone trying to do a new character was in the 1990s when Rob Liefeld tried to do a comic book about someone very similar to Captain America.

This was after his run on Heroes Reborn Captain America.

First, he tried with a "new" character called Agent America.

Then he tried with Fighting American, an existing character. Marvel sued, although the main thing they got out of it was preventing Fighting American from doing things that are unique to Captain America (IE- throwing a shield as a weapon.)

https://iblogalot.com/2020/07/06/rob...ting-american/
https://web.archive.org/web/20100813...od-at-heart/3/

This was a special situation since there were quite a few elements borrowed liberally from Captain America, and Rob Liefeld had worked on Cap recently, so it seemed like someone taking advantage of the branding of a copyrighted character to compete with the character. That argument wouldn't apply to most new characters.

[ed2962]

One way to protect yourself would be to use public domain characters, or to use details that are shared by multiple characters from different licenses. DC is not going to sue you for having a flying guy with a cape because they haven't sued Marvel for Hyperion or Dynamite/ Amazon for The Boys.

Honestly, it's quite rare for a major company to sue for copyright infringement. The last example I can recall for someone trying to do a new character was in the 1990s when Rob Liefeld tried to do a comic book about someone very similar to Captain America.

This was after his run on Heroes Reborn Captain America.

First, he tried with a "new" character called Agent America.

Then he tried with Fighting American, an existing character. Marvel sued, although the main thing they got out of it was preventing Fighting American from doing things that are unique to Captain America (IE- throwing a shield as a weapon.)

https://iblogalot.com/2020/07/06/rob...ting-american/
https://web.archive.org/web/20100813...od-at-heart/3/

This was a special situation since there were quite a few elements borrowed liberally from Captain America, and Rob Liefeld had worked on Cap recently, so it seemed like someone taking advantage of the branding of a copyrighted character to compete with the character. That argument wouldn't apply to most new characters.

Indeed, it was painfully obvious that Rob just slightly reworked material he had planned for Marvel. They've threatened other people for much less.

I think it's also worth noting that Marvel stopped Image from using the name "Gen-X" for a comic. Jim Lee's studio ended up changing the name to "Gen-13". But there were a number of Lee and Liefeld characters at the time that were clearly inspired by Marvel and DC characters that neither company made much of a stink over.

[shooshoomanjoe]

One way to protect yourself would be to use public domain characters, or to use details that are shared by multiple characters from different licenses. DC is not going to sue you for having a flying guy with a cape because they haven't sued Marvel for Hyperion or Dynamite/ Amazon for The Boys.

Honestly, it's quite rare for a major company to sue for copyright infringement. The last example I can recall for someone trying to do a new character was in the 1990s when Rob Liefeld tried to do a comic book about someone very similar to Captain America.

This was after his run on Heroes Reborn Captain America.

First, he tried with a "new" character called Agent America.

Then he tried with Fighting American, an existing character. Marvel sued, although the main thing they got out of it was preventing Fighting American from doing things that are unique to Captain America (IE- throwing a shield as a weapon.)

https://iblogalot.com/2020/07/06/rob...ting-american/
https://web.archive.org/web/20100813...od-at-heart/3/

This was a special situation since there were quite a few elements borrowed liberally from Captain America, and Rob Liefeld had worked on Cap recently, so it seemed like someone taking advantage of the branding of a copyrighted character to compete with the character. That argument wouldn't apply to most new characters.

Marvel was just being a dick. They also sued Shooter because published a comic called Warriors of Plasm and marvel were planning on publishing a comic called Plasmer.

[Mister Mets]

Marvel was just being a dick. They also sued Shooter because published a comic called Warriors of Plasm and marvel were planning on publishing a comic called Plasmer.

As a relevant point, Marvel was publishing Plasmer in the United Kingdom.

https://www.comicslawyer.com/2019/07...v-plasmer.html

This suit was thirty years ago and things have changed.

It's also a bit of a different situation since that's about trademark and naming, rather than having things in common with the original story.

If I were to write about a superhero who has a lot of similarities to Spider-Man, Marvel/ Disney is unlikely to respond unless it were really egregious.

If I were to publish an anthology called Really Amazing Fantasy about stuff that has nothing to do with Marvel comics (IE- stories set in the world of Estonian myths, a Camelot prequel and adaptations of public domain fantasy stories), Marvel/ Disney might get involved because customers may reasonably conclude some connection to Spider-Man.

[MRP]

A key point about trademark, a company is not "being a dick" when they protect their trademarks. They have to. Failure to defend a trademark means you have abandoned it. If someone uses something you have trademarked and you do not defend it, you lose the trademark, so companies will always move to protect their trademarks. Copyrights are different.

-M

[Spike-X]

[The PhantomDreamlander]

Im not sure if this is the answer you are looking but i will say it anyways as i felt something similar to you a long time ago someone could correct me on this one if needed

there is nothing inherently wrong with taking influence or being vaguelly inspired by something you are into however you should definitley do you own spin on something in order to stand out whether it be things like how a character acts or why they may be villains and what they do.

for instance...

I have created a clown type character thats in his 50's and is very bald he is a guy who performs at parties and there are plenty of strange qualities to him that make him a very odd take on a clown.... he lives in a parrallel world that is heavily modeled around dreams and sleep and is pretty 3 dimensional

in a unironic way he actually likes to be a clown performing as of know im still heavy on working on him though there are plenty of bizarre things he does like creating the utmost insane performance tricks and cursing by using names of actual citites or talking in a heavy canadian accent theres plenty more weird nonsense i would like to do with him but you get what im trying to say.

Im not really an expert of writing things but i was surprised at myself when i came up with this guy

[kcomics]

Legally it is more complex than it should be. In simple terms, if you are aware that the work you are doing is derivative of the work of others, that your work borrows enough from another person or company's work so as to be obvious and clearly derivative, and that you are doing this for profit, then there is a risk that you might be taken to court for violating the copyright act.

The fact that you are asking this question suggests that you know the answer.

.

Yeah, that's what my research into the topic so far has told me. Derivative works are a no, unless you either have the copyright holder's permission or they are done for parody or educational purposes. I guess the best thing for me to do is look at the characters who are derivative and make them more original somehow.

[kcomics]

Im not sure if this is the answer you are looking but i will say it anyways as i felt something similar to you a long time ago someone could correct me on this one if needed

there is nothing inherently wrong with taking influence or being vaguelly inspired by something you are into however you should definitley do you own spin on something in order to stand out whether it be things like how a character acts or why they may be villains and what they do.

for instance...

I have created a clown type character thats in his 50's and is very bald he is a guy who performs at parties and there are plenty of strange qualities to him that make him a very odd take on a clown.... he lives in a parrallel world that is heavily modeled around dreams and sleep and is pretty 3 dimensional

in a unironic way he actually likes to be a clown performing as of know im still heavy on working on him though there are plenty of bizarre things he does like creating the utmost insane performance tricks and cursing by using names of actual citites or talking in a heavy canadian accent theres plenty more weird nonsense i would like to do with him but you get what im trying to say.

Im not really an expert of writing things but i was surprised at myself when i came up with this guy

That's nice. I have a clown character, too, or at least he has a clown's personality, but I feel like he's too close to the Silver Age iteration of the Joker if he were played by Jim Carrey, kind of like if the Joker were the Mask. I'd like to make him more original, but I don't really know how to do that, and my current understanding of copyright is that derivative works are only permissible if your character is a parody, you've gotten permission from the IP owners, or your character has things in common with the original IP that it could have in common with dozens of other characters.

[DrNewGod]

Amigo, do not trust the internet. Consult a lawyer that specializes in the area.