Superman in the Public Domain Discussion Thread

[Bored at 3:00AM]

In a few years, Seigel & Shuster's original Superman story will go into the public domain. This will include Krypton, Jor-L, Lora, Clark Kent, Lois Lane, and them being reporters. It won't include later elements like the trademarked S-shield, the Kents as we currently know them as farmers from Smallville, Luthor, or any of Superman's vision, hearing, breath, flight, or invincibility.

Obviously, Warner Bros will protect its IP ferociously, but the fact remains that anyone will be able to make their own version of Superman & Lois as they appeared in Action Comics #1.

What do you think about this?

[Minerboh]

I prefer the Burne version.
Superman was... too intense in the Golder Era for my taste.

[the illustrious mr. kenway]

In a few years, Seigel & Shuster's original Superman story will go into the public domain. This will include Krypton, Jor-L, Lora, Clark Kent, Lois Lane, and them being reporters. It won't include later elements like the trademarked S-shield, the Kents as we currently know them as farmers from Smallville, Luthor, or any of Superman's vision, hearing, breath, flight, or invincibility.

Obviously, Warner Bros will protect its IP ferociously, but the fact remains that anyone will be able to make their own version of Superman & Lois as they appeared in Action Comics #1.

What do you think about this?

I'm curious what people will come up with.

[HsssH]

I think there will be interest in first few years, but I don't think that anything significant will happen. Over the decades we had so many not-Supermen from various companies that I think that if anyone had some cool new direction for Superman then we would have already seen it.

[manwhohaseverything]

I am for it..but ultimately we will just have to wait and see.

I think there will be interest in first few years, but I don't think that anything significant will happen. Over the decades we had so many not-Supermen from various companies that I think that if anyone had some cool new direction for Superman then we would have already seen it.

That might change..they might use actual superman to tell those stories now.We could have a superman mentoring deku or something like that.

[bat39]

In a few years, Seigel & Shuster's original Superman story will go into the public domain. This will include Krypton, Jor-L, Lora, Clark Kent, Lois Lane, and them being reporters. It won't include later elements like the trademarked S-shield, the Kents as we currently know them as farmers from Smallville, Luthor, or any of Superman's vision, hearing, breath, flight, or invincibility.

Obviously, Warner Bros will protect its IP ferociously, but the fact remains that anyone will be able to make their own version of Superman & Lois as they appeared in Action Comics #1.

What do you think about this?

I suppose the Kents would also be public domain a year after that, since they first appeared in Superman # 1 in 1939. Within the next few years, many familiar elements of the Superman mythos would similarly enter the public domain. Though, as you've rightly said, DC will still hold the trademark on the classic shield and on most visual depictions of Superman as we know him, and will fight tooth and nail to protect their IP. Hell, the estate of Arthur Conan Doyle fought ferociously to protect its copyright over a few remaining Sherlock Holmes short stories until they too entered the public domain a few months ago...you can bet DC/WB will fight with hundred times the motivation (and firepower).

I wonder if this will make DC less willing to showcase the Golden Age Superman, or a Golden Age-style Superman, in the comics or adaptations...since theoretically anyone would be able to do it. Maybe they'd double-down on the elements that are still under copyright? More Brainiac and Zod, less Luthor. More space and sci-fi stuff, less crusading in the streets. Perhaps even more emphasis on Superman working alongside the likes of Jon, Conner, Kara, John Henry etc.

I'm also curious to see just how far 'public domain status' will go on some things. I mean, theoretically, could someone do a story where Superman and Lois get married? Superman and Lois being married is something that was introduced in a story that will be under copyright for a long time. And yet, the Superman and Lois romance is very much something present in the early stories that will be public domain...surely marriage itself is not a copyrightable concept? Or what happens if, in a few years, someone puts Luthor (no 'Lex' yet) in a suit and make him a corrupt businessman running Luthor Inc? Would that infringe on the copyright on Byrne's MOS still held by DC?

It'll be a fascinating thought experiment that'll play out for real...

[manwhohaseverything]

I think they have already distanced far away from goldenage already.working together other people isn't a exclusive to later incarnation.The idea of pulp fiction heroes did have their band of misfits..I have to believe clark eventually would have had his own.That goldenage cover with him vigilante,zatanna..etc was straight up fire.

[thwhtGuardian]

People will definitely jump on this, just look at what happened when Winnie the Pooh hit public domain.

[Vordan]

I wonder if DC will eventually permanently drop the trunks/“classic” outfit? Because that’s going to go public domain at some point, and then you have to differentiate the Superman you still own from the one anyone can use.

[Gaius]

I look forward to the people who expect an explosion of creativity that happens every time something enters the public domain to be vastly disappointed when they get a very poorly done horror story.

[Frontier]

People will definitely jump on this, just look at what happened when Winnie the Pooh hit public domain.

And Blood and Honey looks like a worthy entry in the property .

I look forward to the people who expect an explosion of creativity that happens every time something enters the public domain to be vastly disappointed when they get a very poorly done horror story.

Yeah, honestly I don't see the appeal myself.

[manwhohaseverything]

Wait a minute,we might get gambit and goldenage superman crossover..ftw!!I want superman meeting mandrake..crossovers everywhere!!

Yeah, honestly I don't see the appeal myself.

I see the appeal cause i generally don't like wb's superman... democratisation of the character means more voices.I am sure there will be ****..But,it won't be just **** like it is now..Atleast for me.

[Ascended]

What do you think about this?

I think you got tired of us talking about this in the "Legacy" thread so you rightfully and correctly made a new discussion for it.

I also think we're ten years away from this happening under current law, and no telling what changes might come between now and then. That said, this year is likely the one that truly matters; Steamboat Willie hits public domain in '24 so Disney has until this December to lobby congress. They may try to change the law afterwards, and pull the Mouse back out of the domain (which has happened before with other IP), but if they haven't started a lobbying effort by now I don't think they'll try later. And if Disney doesn't get involved then I doubt other corporate entities will have the muscle to pull off a lobbying effort, Disney's been the one leading the charge in the past. The legal arguments for copyright extension were never strong either, and the public is much more aware of this sorta thing than they were in the 90's (the last time the law was changed). My guess is Disney and other corporations will try to protect their assets via trademark disputes, film/distribution rights, etc., which is much sneakier than a blanket extension but also much harder to enforce and litigate.

Keep your eyes on stuff like the Blood and Honey movie. As I understand it, Disney tried to shut that film down and failed, partially because it was so wildly different from anything Disney would do with Winnie the Poo that they couldn't successfully argue it was a threat to them. I think that's gonna be a key takeaway going forward; does the domain-based product overlap with the corporate sphere of use? In this, I think the OG Superman is safe; he's far removed from the Superman DC uses today. And yes, Blood and Honey looks awful. That matters far less than the fact that it got made and distributed.

The real question, I think, is whether a public domain Superman could be successful. When we look at other fictional characters within the domain, like folk heroes such as Robin Hood or Paul Bunyan or literary characters like Holmes and Tarzan, we see that these characters get various adaptations every ten/fifteen years or so, but not much more. We certainly don't have a plethora of public domain heroes on the comic rack, nor a ton of big blockbuster movies staring such characters.

However! None of those characters are Superman. He's a infinitely bigger name in pop culture than these other figures, with a lot more draw for audiences. We might love characters like Robin Hood or Hercules, but Superman is baked into our DNA. And even limited by the early Golden Age material that'll first enter the domain, Superman still has everything he needs to be successful. And I maintain that the original Superman is the Superman the world needs right now, so a public domain effort might just turn out to be pretty gods damn popular, if the people making it know what they're doing.

Someone asked if you could do a story where Lois and Clark get married. I'm honestly not sure, I'm no expert on this side of business/law. As I understand it, characters like Mickey and Superman entering the domain is unprecedented territory we haven't dealt with much before, legally speaking. I know you could take a public domain Superman and have him fight a green alien, as long as that alien wasn't called Brainiac and didn't try to shrink cities. I know your public domain Superman could get married....but I dunno if he could get married to Lois. There might not even be a legitimate answer to that yet, legally speaking?

[Fire Angel]

I think it would be a good thing. Though very little Superman lore will be public, it would be nice to see stories about him being made by something other than a mega corporation.

[Vordan]

I look forward to the people who expect an explosion of creativity that happens every time something enters the public domain to be vastly disappointed when they get a very poorly done horror story.

It will mostly just be people using Superman himself to rape and murder others instead of settling for an expy like Homelander. That’s what I expect, but we may still get the odd project which is actually good.