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LegacyHeroComics β Captain Marvel -Public Domain redux
Published: 2012-10-20 17:16:05 +0000 UTC; Views: 4950; Favourites: 53; Downloads: 24
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As part of a facebook Public Domain Heroes group, I will be re-imagining some heroes from comicdom's (gone but not forgotten) Golden Age.Apparently, the original Captain Marvel is in the public domain (sort of).
Warning: It gets complicated. Do try to keep up.
Only the golden age Captain Marvel, as depicted in the comics that fell into public domain, (Specifically from his first appearance in WHIZ COMICS #2) is public domain. Non-public domain Golden Age appearances are under copyright of DC Comics, which owns the version of the character based on those comics and all subsequent versions published under DC comics banner.
Marvel Comics owns the trademark for the name Captain Marvel.
DC comics owns trademarks for the names "Shazam" and "Billy Batson".
In order to use Captain Marvel's name, it must be used in the interior of the story. The same way DC does to avoid Marvel's trademark on the name.
So if this in fact true, the version of Captain Marvel, as he is depicted in WHIZ Comics #2, can be used in new stories with the proper adjustments being made. (Specifically, a new name and alter-ego, and avoiding the word "Shazam", at least on the cover). Or... a new derivative character (with similarities to the WHIZ Comics#2 version) can be created.
As I've done here.
Best to stay clear of DC's copyright protect version.
Y' know, just in case.
It would help to have "The Wisdom of Solomon" to make sense of it all.
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Comments: 34
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Is the Captain Marvel costume design protected by trademark or copyright? Do I have to make a new costume for him?
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The costume would fall under copyright. Trademarks would cover the names.
If you plan to create a derivative Captain Marvel character, based on the public domain stories, it would be wise to create a new costume and a name that you could use freely.
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Or, just copy the original costume, and continue using the Captain Marvel name. That character you made probably WOULD actually infringe on DC's copyright because that particualr lightning bolt is from the New 52, not from any original WHiz comics or Captain Marvel Adventures stories.
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A single lightning bolt design would likely not qualify as sufficiently creative enough that it would qualify for copyright protection. The design as a whole would have to be considered.
This redesign was posted here on Oct 2012.
As far As I know, the New 52 redesigned Shazam didn't appear until 2013.
I was inspired purely by the original PD version. Any similarities in the bolt redesign are coincidental.
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I really don't think they are, the original lightning bolt design is in the public domain, this design is clearly violating DC's copyright.
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Simply having a similar design element is not in and of itself a violation of copyright.
Attempting to profit on a copyright-protected design (or one that is sufficiently similar) is when a violation occurs.
Even then, the design must meet certain number of criteria to be considered a violation.
Individual elements (such as a lightning bolt, which MANY characters have) are not the consideration, it is the unique combination of elements into the overall costume.
Here's an interesting article on a copyright case involving DC suing for infringement. www.brittonpayne.com/Marvel/Suβ¦
It's way more involved that a simple lightning bolt, but it's interesting to see the process, and the way it used/ established the "seven costume elements" comparison.
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Captain Marvel's original costume isn't copyrighted. The issue isn't with the lightning bolt itself, but where it is punctuated AND the fact that it is on Captain Marvel, or a derivative of him. See you can't make Captain Marvel comics or comics about a similar character can't have elements identical to copyrighted versions of the character. It's all based on context, for example the outline of a bat is generic enough not to cause copyright issues, but when you put it on top of a spotlight, THAT'S when your legal troubles begin.
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I'm just glad to know that a character I designed, and have only ever drawn once (seven years ago!), is still generating conversation.
That's the REAL power of Shazam! Β
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You seem to like ripping off even copyrighted characters, Jamie Reyes, Black Panther, and for whatever reason you feel the need to use Will Eisner's Uncle Sam a public domain character, then slap the modern origin story for him, change his name and then say it's your own character.
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Intentionally obvious inspirations/influences are intentionally obvious inspirations/influences, done intentionally.
Blue Bug is a mash-up of Spider-Man and Blue Beetle (the Ted Kord version), but possess abilities that neither possess.
The Lynx is visually-inspired by Black Panther, but only partially. The other visual inspiration was Hellcat.
Sam Century is inspired by Eisner's Uncle Sam, but also by the Century Plant, a plant I first encountered in New Orleans.
They become "my characters" when I create histories and stories for them that are completely unrelated to the characters that originally inspired them.
Interestingly, the influences you mentioned (Blue Beetle, Black Panther, and Uncle Sam) were each inspired by or influenced by characters that came before them.
Blue Beetle can trace his origins all the way back to The Golden Age, where he began originally as a straight-up riff on The Green Hornet (right down to his "color + insect" name!)
Marvel's Black Panther, had (maybe still has) some striking similarities in his backstory (intentionally or unintentionally) to the character Lion-Man.
Eisner's Uncle Sam is simply Uncle Sam recast as a comic book superhero.
Creators of comic characters inspire other creators of comic characters. It's an old story!
Β I also have characters not inspired by by comics.
Their inspirations come from songs, movies, mythology, dreams, shadows on the wall, cracks in plaster, patterns in a rug, and numerous other sources.
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Is/Will Ulysses Bolt an Open Source character or no?
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I didn't create him that way, but feel free to use him!
Just give me a "created by" credit, and 10% of any future movie/merchandise deals you might acquire using him.
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It won't be necessary I just recently read that the original Captain Marvel lived in Chicago (I think) and won't work for my Empire City project . Thanks anyway.
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Usually his home was just presented as being "The City".
Although not specifically stated, he appears to have been originally based in New York, implied by circumstances in the first dozen or so issues.
An early example, in 'Whiz Comics' #7, Billy is given an assignment and leaves the very next day on a flight from New York to Greenland.
At the end of the story, he flies home as Captain Marvel, descending into New York (with The Empire State Building clearly visible), just in time to make his broadcast.
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He could move to your project's location
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This looks like the hardest thing to figure out if it was in Public Domain...
That being said, I really wanna write a "Shazam"-ish story now.
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A large amount of the original Fawcett Captain Marvel comics are in the pubic domain.
You could definitely do your own stories riffing on the "Shazam" concept.
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Why not Captain (Or some other rank)Β ΞΈΞ±ΟΞΌΞ± (Thavma - Miralce in Greek) you can't use the english word but why not something more classic 
Trademark and Copyright law is f**** weird, isn't it?
Here's what could've been in the Public Domain by now but instead we have nothing returned to us.Β
law.duke.edu/cspd/publicdomainβ¦
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Utilizing other languages isΒ definitely a good solution (and source) for character names.
Copyright Laws were fairly straightforward until they allowed corporations to start influencing them.
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You could still keep the acronym by simply mixing the letters: Mazahs or Hamzas.
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DC has already done the "reverse-Shazam" thing.
Lex Luthor of Earth-3 says "Mazahs!" to transform.
But as you pointed out, some other permutation could work just as well.
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I feel you can have Captain Marvel say Shazam to transform, the words aren't taboo, just don't label anything with them.
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Lol, "The Wisdom of Solomon", nice one Eric....made me chuckle to myself, great rendition.........................................Rick
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DC made something already complicated like copyright laws about a million times more confusing. Seriously I nearly broke my brain trying to work out that set of loopholes
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