But there are limits to what someone can do with public domain characters. For one thing, the character can only be used as it existed 95 years earlier. Let's take Superman, for example, who first appeared in DC's Action Comics #1 in 1938 and enters the public domain in 2033.
Superman is part of the DC Universe, which is a shared setting of superhero characters owned by DC Comics, and consequently he frequently appears in stories alongside the likes of Batman, Wonder Woman, and others.
So who owns Superman? The copyright on the Superman character is now jointly owned by DC Comics and by Joanne Siegel and Laura Siegel Lawson. Most works featuring Superman – comic books, movies, cartoons, etc. – are still property of DC.
Going into the public domain means that anyone can repackage, resell, remix, translate, adapt, or tell new stories based on the work. Even if Superman's adventures in Action Comics #1 went into the public domain, the trademark on Superman is still owned by Warner Bros. Entertainment (the parent of DC Comics).
This means that the copyright will expire 95 years after it was first secured, i.e. at the end of 2033. Thus, barring new legislation, Superman as he is depicted in Action Comics #1 will become public domain in 2034, along with other story elements such as Lois Lane and the city of Metropolis.
In the case of comic books, that includes anything and everything you could possibly imagine. Names, logos, emblems, costumes, titles, likenesses – they're all trademarked. In fact, even the term “super-hero” and any derivatives is jointly trademarked by Marvel and DC.
Copyright law in the United States dictates that works published after the 95th year of publication will no longer be affected by copyright. This means that characters such as Superman, Wonder Woman, Mickey Mouse, Captain America, and Batman will be entering the public domain within the next 15 years.
DC Comics owns the trademark rights to the Superman logo. Those rights are not limited to displaying the logo only in red and yellow and not limited to branding only entertainment and related merchandise.
Batman was created in 1939, which means, under current law, the character enters the public domain in 2034. The Joker was created in 1940 and enters the public domain in 2035. If the U.S. Congress hadn't expanded copyright terms, both Batman and the Joker would already be free to use.
Most notably for the toy industry, these public domain characters include Mickey Mouse, Superman, Winnie the Pooh, Bambi, Batman, and Bugs Bunny. Before you begin placing Batman logos on your toys, however, be mindful that the freedom to use these characters is limited to how they looked when they first appeared.
Over the next several years, several prominent DC characters are going to become public domain. Superman becomes public domain in 2034 followed by Batman in 2035 and then Wonder Womanin 2036. Many JSA and other golden age characters will become PD over the next few years as well, some earlier than Superman.
Superman artwork, comic books, television shows, and movies are all protected by copyright law. It is illegal to make copies or derivative works from them without the copyright owners permission. “Superman” is also a trademark for many goods and services.
But because of his Norse origins, the character actually comes from the public domain. While Thor does also exist in DC Comics, that version pales in comparison to the popularity of Marvel's iteration of the character.
"Tinker Bell" appeared as a character in J.M. Barrie's Peter Pan, first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain.
For works created by corporations like DreamWorks Animation, the copyright term is 95 years from the date of publication or 120 years from the date of creation, whichever comes first. Since Shrek was created by DreamWorks Animation in 2001, its copyright will not expire until at least 2096.
As a direct result of Disney lobbying, in 1998 Congress overhauled the copyright system to retroactively extend everything created between 1923 and 1977 to a 95-year term. That meant Mickey Mouse is safe at Disney until 2023, while Spider-Man won't become public domain until 2057.
You are free to reference pop-culture icons in your book and use the word superman in your title in this context. Again, if a publisher really likes the book but has reservations about the title (which they really shouldn't) they will just ask you to change it before signing the contract.
Yes, it's legal. This is a trademark law question, not a copyright law question. By mentioning Superman in your work of fiction you're not trading on DC Comic's trademark or character rights and you're not unfairly competing.
Nevertheless, variations on the term "Super Hero" or "Superhero" are jointly claimed by DC Comics and Marvel Comics as trademarks. Registrations of "Super Hero" marks have been maintained by DC and Marvel since the 1960s, including U.S. Trademark Serial Nos. 72243225 and 73222079.
For example, when Superman enters the public domain in 2033, new character variations must be based on how he appeared in DC Comics' "Action Comics #1" in 1938. That version of Superman didn't fly, and his costume was very different from the iconic suit the superhero is currently known for.
Disney argued that because Salten's original 1923 publication of the novel did not include a copyright notice, by American law it was immediately considered a public domain work.
Although all entries are in the public domain, ancillary rights, such as merchandising contract rights, as well as the original 35mm master elements, are owned today by Warner Bros., which has also owned Superman's publisher, DC Comics, since 1969.
