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.
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.
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.
In spite of these lengthy terms, many of America's most beloved intellectual properties will soon be entering the public domain for everybody to use. Mickey Mouse will enter the public domain in 2024, Superman in 2034, and Batman in 2034.
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.
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.
This is because the novel was published in 1911, but the play itself was only published in 1928, so its copyright was extended by the new term of first date of publication plus 95 years (set by the Sonny Bono Copyright Extension Act of 1998 for works published between 1923 and 1977).
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.
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).
According to US copyright law, the rights for a character expire 95 years after the publication of the original work. Disney will lose the Mickey Mouse copyright for Steamboat Willie in 2024, since the short animated film was produced and distributed in 1928.
"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.
In the US, Popeye is considered “work for hire” because “Segar was an employee of King Features Syndicate when he introduced Popeye into the Thimble Theatre comic strip.” This means that Popeye will enter the public domain in the US on January 1, 2025. But wait, there's more!
Pooh, Piglet, Kanga, Roo, Owl, Eeyore and Christopher Robin all became public domain on January 1 last year when the copyright on A.A. Milne's 1926 book, Winnie-the-Pooh, with illustrations by E.H. Shepard, expired.
The beloved mouse that is nearly a century old will soon enter public domain — the original Mickey Mouse's copyright expires in 2024. This anthropomorphic mouse is recognizable even by the silhouette of his ears and, in some ways, has been the face of The Walt Disney Co. since his 1928 creation.
Weirdly, “Kryptonite” is trademarked — for bicycle locks. It's not copyrighted; you can't copyright a single word, and in any case its first use in the U.S. was under the old copyright law, which required a notice on every single use, which DC Comics did not do.
Siegel never applied for termination, but his heirs did after his death. On April 3, 1997, Joanne Siegel and Laura Siegel Larson served DC Comics a termination notice for Superman which became effective on April 16, 1999. The Siegel heirs now owned 50% of Superman, the other half remaining with DC Comics. Warner Bros.
In Superman #330, it's revealed that Superman focuses a hypno-beam through his kryptonite-lensed glasses at everyone he meets. Because Superman is trying to project the persona of Clark Kent—a meek, frail, and “not terribly handsome” version of himself—that is what everyone sees.
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.
Will the Marvel Comics ever enter the public domain? Yes, but it won't matter much. The first Marvel comic books go into the public domain on January 1, 2035. After that, the rest will follow, year by year, ninety-five years after publication of each issue.
Evans went back into mainstream journalism and died in 1971. Grabbing an original copy of All-Negro Comics' only issue with Lion Man's story is nearly impossible. There don't seem to be any official places to read it online but it is in the public domain now so there are PDFs and such to explore.
Walt Disney Co. has controlled the rights to Winnie-the-Pooh since 1961 and kept depictions of Milne's talking animals true to the spirit of the family-friendly material. The copyright expired in January 2022. Since then, Winnie-the-Pooh and his friends have been available to the public for other purposes.
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.
Under the Copyright Term Extension Act, books published in 1929, films released in 1929, and other works published in 1929, will enter the public domain in 2025. Sound recordings that were published in 1924 will enter the public domain. The character Popeye the Sailor Man will enter the public domain in 2025.
