Fables is now public domain

[The Darknight Detective]

I’m no lawyer, but I wonder if Willingham in going public like this isn’t actually helping DC in any potential legal case. They can show with his public statements that he is trying to undermine their legal rights to the specific versions of the characters.

I'm not a lawyer, either, but I don't see it affecting the case at all in the courtroom. Now trying to shame DC to do something outside the courts is another matter...

[choptop]

Pretty sure something isn't public domain just because you say it is.

[Frontier]

The irony is that Willingham actually had a good relationship with Dan Didio.

[Vakanai]

Pretty sure something isn't public domain just because you say it is.

It is if you're the undisputed full owner and originator of it and fill the paperwork.

[mr_crisp]

Question. What does this mean for the next two issues of the series? Will DC sell them or be petty and just not sell them?

[Badou]

It feels like it will all come down to how the court interprets the wording of the contract. I'm sure Willingham has gone through the contract with DC thoroughly to see if this was even possible first, and he seems to believe it is, but I'm sure DC has things in there that prevents other companies from publishing or creating new works based on the Fables IP. I dunno. It's such an interesting case because it could really change how copyright and trademark stuff is structured. It does feel even more complicated because the works itself is already based off old public domain fairy tales.

[RJT]

It is if you're the undisputed full owner and originator of it and fill the paperwork.

Looking at the indicia of any Fables comic or book, you’ll see that they are copyrighted Bill Willingham AND DC Comics. It was fairly standard in Vertigo titles where a writer brought a project in without an artist attached for that writer to share the copyright with DC Comics.

This isn’t to say anything about any alleged contractual issues between Willingham and DC, but since Fables 1 in 2002, DC has a stake of ownership in the property.

[Gaastra]

DC response--

https://www.cbr.com/fables-dc-statem...public-domain/

Writer Zach Rabiroff said--

Interesting: three subsequent copyright filings list the copyright holder as Willingham, with DC's copyright transferred by written agreement. Not a lawyer so I can't draw any firm conclusions.

https://twitter.com/zachrabiroff/sta...blic-domain%2F

Pretty much dc says they still own it. Others not sure. What a mess.

[choptop]

It is if you're the undisputed full owner and originator of it and fill the paperwork.

What paperwork? I've never heard of that before like what do you do go down to the copyright department and fill out a release form? Or do you just declare it and it's official? Doesn't seem right

[marhawkman]

DC response--

https://www.cbr.com/fables-dc-statem...public-domain/

Writer Zach Rabiroff said--



https://twitter.com/zachrabiroff/sta...blic-domain%2F

Pretty much dc says they still own it. Others not sure. What a mess.

My read of this is that that filing lists DC as owner of the ART(by transferal via written agreement with whoever drew it) and Willingham as owner of the writing. But well, it wasn't Willingham who drew the art. issue 107 was drawn by Terry Moore. Terry Moore's contract with DC transferred copyright to DC for the art he drew. But that doesn't affect whatever rights Willingham has. Which seems to be the STORY in the work, not the art. So, the story is now public, but not the art, however if you re-draw the art... you probably could re-publish the story?

This is like that thing with Angela in Marvel. Her creator actually DID have the right to sell her despite her appearing in a SPAWN comic. His contract DIDN'T give ownership of the character to the publisher.

[Jon Clark]

What paperwork? I've never heard of that before like what do you do go down to the copyright department and fill out a release form? Or do you just declare it and it's official? Doesn't seem right

Assuming I own Property X and simply decide that anyone who uses it is free to do so, what is the issue. Unless someone else claims ownership then there can't be any legal action taken against those who use it. De Facto public domain.

The question here is whether DC has any claim to ownership. If they do then there is a problem. If DC only owns the trademark to the title then as long as no one slaps "Fables" on the published product there should be nothing in dispute.

DC being a major company (or part of one), has the age old ability to exert pressure (in this case financial) to scare everyone ans pervert the law even if they have no real claim (not saying they don't have one, just that it may be a moot point)

[achilles]

What a mess. One that wouldn't be there if DC treated it's people properly, the way I would, or most everyone here would.

[choptop]

Assuming I own Property X and simply decide that anyone who uses it is free to do so, what is the issue. Unless someone else claims ownership then there can't be any legal action taken against those who use it. De Facto public domain.

The question here is whether DC has any claim to ownership. If they do then there is a problem. If DC only owns the trademark to the title then as long as no one slaps "Fables" on the published product there should be nothing in dispute.

DC being a major company (or part of one), has the age old ability to exert pressure (in this case financial) to scare everyone ans pervert the law even if they have no real claim (not saying they don't have one, just that it may be a moot point)

That's not really public domain though it's just not doing any
legal action.

[Jon Clark]

That's not really public domain though it's just not doing any
legal action.

It is a difference which makes no difference. If you can reprint my story without legal problems or use the original characters, whether I gave up my legal claim or whether my claim expired comes to the same thing

[choptop]

It is a difference which makes no difference. If you can reprint my story without legal problems or use the original characters, whether I gave up my legal claim or whether my claim expired comes to the same thing

There's actually a big difference you legally still have the rights to the story even if you don't take legal action however if something is truly public domain you can't take legal action .