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

[Zauriel]

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.

.

DC did sue Fox Syndicate for Wonder Man. DC also sued Fawcett comics for Captain Marvel. So what stopped them from suing Marvel for Hyperion or Gladiator?

[ed2962]

DC did sue Fox Syndicate for Wonder Man. DC also sued Fawcett comics for Captain Marvel. So what stopped them from suing Marvel for Hyperion or Gladiator?

They lost the suit against Fawcett. And I'd wager folks knew that Hyperion and Gladiator were originally parody characters. Having said that, I do remember reading that somebody at DC had to talk to Marvel over Marc Gruenwald's Squadron Supreme mini in the 80's...

[Zauriel]

They lost the suit against Fawcett. And I'd wager folks knew that Hyperion and Gladiator were originally parody characters. Having said that, I do remember reading that somebody at DC had to talk to Marvel over Marc Gruenwald's Squadron Supreme mini in the 80's...

I thought DC won the suit. Is that not how they bought Captain Marvel copyright from Fawcett?

[MRP]

I thought DC won the suit. Is that not how they bought Captain Marvel copyright from Fawcett?

The lawsuit was in the 50s, they didn't get the rights to Captain Marvel/Shazam until the 70s. It was a Pyrrhic victory for Fawcett in the 50s as the expense of the trial convinced them comics were no longer profitable and hurt their bottom line so badly they ceased publishing. The rights to Captain Marvel lapsed, and you had the mid 60s Captain Marvel from MF Enterprises...




and Marvel's version, which Marvel then trademarked before DC got the rights to the formerly Fawcett characters, but by then had to use Shazam becasue the trademark to the name Captain Marvel not belonged to Marvel.

Again trademarks and copyrights are separate issues independent of each other, but both need to be reckoned with if you are looking to publish your own material. As others have said, don't trust the internet, find a reputable IP attorney.

If you want to find a primer on it though, to give you a foundation for the right questions to ask that attorney, particularly as it applies to comics, you can look for this little gem put out by Sirius Comics in 2001, but again it is 20 years out of date, so some laws and statutes may have changed, so consult an IP attorney.



-M

[Gaastra]

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.

and then gen 13 teamed up with gen x!

Marvel got sued over howard the duck coping donald also. They made howard wear pants. Now disney owns howard!

Sometimes the company just doesn't care as much to sue also. First batman comic was a copy of a shadow comic! Shadow owner called dc out over it but didn't sue. Phantom creator has called out batman for ripping off the phantom cave but never sued dc.

Then there's swamp thing coping man-thing than changing swamp things origin after just one issue to copy man-things even more! Marvel of course deadpool and deathstroke as well. Don't think marvel or dc tried to sue over those.

[ed2962]

and then gen 13 teamed up with gen x!

Marvel got sued over howard the duck coping donald also. They made howard wear pants. Now disney owns howard!

Sometimes the company just doesn't care as much to sue also. First batman comic was a copy of a shadow comic! Shadow owner called dc out over it but didn't sue. Phantom creator has called out batman for ripping off the phantom cave but never sued dc.

Then there's swamp thing coping man-thing than changing swamp things origin after just one issue to copy man-things even more! Marvel of course deadpool and deathstroke as well. Don't think marvel or dc tried to sue over those.

The was a TV show called Mutant X several years ago clearly heavily influenced by the first X-men and Matrix movies. Marvel wasn't connected to it at first, but after a while their name started appearing in the closing credits.

On the other hand, Marvel actually lost the rights to the name "The Champions" some years ago. I think they can use it now due to some deal they struck with some gaming company.

[Mister Mets]

The was a TV show called Mutant X several years ago clearly heavily influenced by the first X-men and Matrix movies. Marvel wasn't connected to it at first, but after a while their name started appearing in the closing credits.

On the other hand, Marvel actually lost the rights to the name "The Champions" some years ago. I think they can use it now due to some deal they struck with some gaming company.

The Mutant X case is a bit different.

Marvel was always connected with it. The weirdness of it was that they were claiming it had nothing to do with the X-Men franchise which 20th Century Fox had exclusive rights to.

With Champions, Marvel didn't renew a trademark.

[ed2962]

The Mutant X case is a bit different.

Marvel was always connected with it. The weirdness of it was that they were claiming it had nothing to do with the X-Men franchise which 20th Century Fox had exclusive rights to.

With Champions, Marvel didn't renew a trademark.

They wanted to use the title for a Matt Fraction comic some years ago and the courts told them they were S.O.L.

[kcomics]

Wow, trademark rules make things much more complicated than mere copyright.

[Spike-X]

Wow, trademark rules make things much more complicated than mere copyright.

That's why everyone's telling you to get a lawyer instead of asking a bunch of randos on a message board.

[Scott Taylor]

Your creation won't be an issue for anyone unless you start making money hand over fist on it. I know practically nothing about the laws you mention, but this is the way the world works. Lawsuits just aren't worth the hassle unless you stand to profit from them.

[Spike-X]

Your creation won't be an issue for anyone unless you start making money hand over fist on it. I know practically nothing about the laws you mention, but this is the way the world works. Lawsuits just aren't worth the hassle unless you stand to profit from them.

Boy, is that ever not true. Except the bold part.

[MRP]

Your creation won't be an issue for anyone unless you start making money hand over fist on it. I know practically nothing about the laws you mention, but this is the way the world works. Lawsuits just aren't worth the hassle unless you stand to profit from them.

If it's trademark, they will send a cease and desist even if you are not making money. They are required by the laws to defend their trademarks or lose them, that means Disney has to send that cease and desist letter to the daycare center using trademarked images in their window display and look like the bad guy because if they don't someone could then challenge their trademarks on those images because they didn't defend them. The money here is in the value of the trademark and all the future potential lost revenue losing it represents, not how much revenue the violator of the tradmerk is producing.

Again, if you are going to do business in this area, do your due diligence as part of your business plan and retail an attorney who knows about IP, trademark and copyright law (not every attorney or firm will have lawyers who are experienced or knowledgeable in that field so you will have to vette the attorney you retain as well).

-M

[Scott Taylor]

Boy, is that ever not true. Except the bold part.

Whatever reason you have to believe its not true comes down to money or potential money. No one throws money away just due to principle.

If it's trademark, they will send a cease and desist even if you are not making money.

Right. But that's to protect future money. You have to act on an infringement of rights to maintain your rights. Its really cheap to send a cease and desist letter or email.

[Mister Mets]

Your creation won't be an issue for anyone unless you start making money hand over fist on it. I know practically nothing about the laws you mention, but this is the way the world works. Lawsuits just aren't worth the hassle unless you stand to profit from them.

If you're doing something that is seen to potentially affect the brand, even if you don't make money, you may get sued.

A pornographic Wonder Woman story will very quickly earn the attention of DC lawyers, even if it doesn't make money.