Holy copyright conundrum, Batman! After the “Steamboat Willie” version of Mickey Mouse lost its copyright protection and entered the public domain on January 1, the spotlight began to shine on some major characters belonging to DC Comics next, which will also find themselves without copyrights in the near future. And DC’s two most well-known superheroes,Batmanand Superman, are among them. Comic book author and Batman expert Chris Sims warns that there will undoubtedly be many unauthorized attempts to cash in on the Bat’s lack of copyright protection, too. Sims said (perVariety):
There’s going to be 100 of them [unauthorized comic books]. They’re going to have them ready to go.
The character of Bruce Wayne/Batman first appeared in the pages ofDetective ComicsNo. 27 in the summer of 1939. According to copyright laws, all properties created after 1924 but before 1978 lose their protection after 95 years. That means theDetective ComicsNo. 27 version of the Batman will be unprotected by copyright beginning in 2035. Check out how the character appeared back in 1939 below:
However, Batman’s partner, Robin the Boy Wonder, is an entirely different matter, which Sims quickly points out in the same interview:
You get Batman, but you don’t get Robin.
The reason is because the original Robin, aka Dick Grayson, didn’t appear in the comic books untilDetective ComicsNo. 38 in 1940, which means the Boy Wonder has an extra year of copyright protection. However, Superman isn’t quite as lucky.
Related:DCU’s Expiration Date: Warner Bros. Has 13 Years Left to Milk their Superhero Lineup
Superman’s Copyright Is Running Out
The character ofSuperman, aka Clark Kent, first appeared in the pages ofAction ComicsNo. 1 in 1938, which means that version of the character will lose its copyright protection in 2034. Lois Lane also made her first appearance in the same issue, so she too will undoubtedly become subject to what unauthorized comic books might follow. Comic book author and Batman expert Chris Sims pointed out in the same interview:
You get Superman, but you don’t get kryptonite.
Any unauthorized attempts to cash in onAction ComicsNo. 1’s version of Supermanwill have to find another way to defeat the character because Supes’ weakness to Kryptonite wasn’t revealed until the radioactive remains of Krypton first appeared during the popular radio serial,The Adventures of Superman,in 1943. Now, it’s important to realize that the modern-day version of the character is much different than how he appeared back in 1938, so the lack of copyright protection only applies to theAction ComicsNo. 1 iteration of Superman. Check out Supes' original appearance below:
Deputy General Counsel for DC Entertainment, Jay Kogan, said:
“Keep ’em [characters] fresh and up-to-date. By gradually changing the literary and visual characteristics of a character over time, a character owner can keep whatever the then-current image of the character is as the de facto standard in the public consciousness.”
Steven C. Beer is a partner and the National Chair for the Lewis Brisbois law firm’s Entertainment, Media & Sports Practice. Beer added:
The public’s perception is the contemporary Superman. It’s distinctive. That gives them a lot of protection.
WhileAction ComicsNo. 1’s Superman andDetective ComicsNo. 27’s Batmanface the fate of losing their copyrights in 2034 and 2035 respectively, DC Comics still has plenty of protection for their most valuable characters thanks to trademarks. For example, the comic book publisher has gone to great lengths to trademark both Supes and the Bat’s famous logos, as well as their nicknames the “Man of Steel” and the “Caped Crusader.” So, it’ll be interesting to see what sort of stories will come from the hundreds of unauthorized comics author and expert Chris Sims predicts.
