Public domain superheroes

[ludovica]

Is there any public domain superhero you would like to see on the big or small screen?
But more importantly, why has there not yet been a Hollywood production on any of them in these last years?

Even Shazam, as seen in the '40s, is in the public domain: how come nobody stole WB's thunder?

There are a few characters I really could see working with a few tweaks:
http://pdsh.wikia.com/wiki/Daredevil_(Lev_Gleason)
http://pdsh.wikia.com/wiki/Wildfire
http://pdsh.wikia.com/wiki/Fox_(MLJ)
http://pdsh.wikia.com/wiki/Lash_Lightning
http://pdsh.wikia.com/wiki/Magno_(Ace)
But there are a plethora more.

 

[Breogan]

Even Shazam, as seen in the '40s, is in the public domain: how come nobody stole WB's thunder?

"Shazam"?
You sure about that?
The 40s character is "Captain Marvel"
Fawcett comics while being sued by DC eventually allowed the name "Captain Marvel" to lapse.
Marvel then swept in and secured rights to the Name brand Captain Marvel which they still hold and use, even have a movie in development.
While DC/WB obtained (purchased) the rights to the character Shazam, and all the likenesses, concepts and stories associated with that character, which they still hold. And they have a movie in development.
So what are you talking about when you say: "Shazam, as seen in the '40s, is in the public domain"
The rights to distribute "The Adventures of Captain Marvel 1941 movie Serial?
Not sure who own those rights, but it doesn't mater, that is not the same as the character being in public domain.
Maybe someone other than DC/WB can distribute that 1940s movie, but that does not mean they or anyone can automatically produce new material based on that character.

I'm no expert, and hopefully someone here can explain this better than I can, but I believe it's more nuanced than what you claim, and you need to distinguish.

 

[ludovica]

You sure about that?

Different sources claim that, but I too am no expert.
http://pdsh.wikia.com/wiki/Captain_Marvel_(Fawcett)
The copyright claims were not renewed on all these issues:
All Hero Comics #1 (cover only)
America's Greatest Comics #1-8
Captain Marvel Adventures #1-2,4,7-41
Captain Marvel Thrill Book
Captain Midnight #1 (cover only)
Flash/Thrill Comics #1 (Ash-can)
Master Comics #21, #50
Special Edition Comics
Whiz Comics #2, 7-60
Wow Comics #9
That puts the characters and stories therein into the public domain, and while the trademarks for Captain Marvel, Shazam and probably Billy Batson names are taken, DC bought only the back catalog, they couldn't buy an expired copyright.
As per the link provided: "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."
Seems to me the costume and the S.h.a.z.a.m. shtick should be fair play.

On the other hand you can easily find skeptical opinions:
https://www.quora.com/Is-Captain-Ma...in-if-his-old-comics-are-in-the-public-domain
https://www.expertlaw.com/forums/showthread.php?t=124304

 

[Breogan]

"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."
Seems to me the costume and the S.h.a.z.a.m. shtick should be fair play.

On the other hand you can easily find skeptical opinions:
https://www.quora.com/Is-Captain-Ma...in-if-his-old-comics-are-in-the-public-domain
https://www.expertlaw.com/forums/showthread.php?t=124304

Yeah, that's why DC uses titles like "the power of SHAZAM!", or "With one magic word SHAZAM!" or just "SHAZAM!" as their titles, and to brand their toys and merchandise.
Because they can't use "Captain Marvel", Marvel owns that as a branding title.
DC can only us Captain Marvel inside the books, but not to sell/brand a product as such.

And just because "copyright claims were not renewed" on some older Fawcwertt issues, maybe you can collect and republish/"make copies of" those old issues.
But that does not automatically mean you can create new material based on that character.
DC/WB will easily show that after they purchased the character from Fawcett, they've maintained and defended consistent use, of the "Shazam!" trade marks, character likeness, costumes, concepts, themes, etc... , and it's not become generic.

 

[ludovica]

As a total ignoramus, I would guess you could easily make an animated Shazam feature in the vein of those '40s comics, of course WB would bring you to court and out-lawyer you if you are a "nobody", but maybe another Hollywood corporation could withstand that or better yet avoid it, especially if they would offer something in return.

Anyway, I read quite a lot of '40s comics, and I would say there's potential in some of the other superheroes nowadays in the public domain.
GotG is IMO the best example that you don't need a "name", but just a good movie: of course they had the Marvel brand propping them up a bit, but you could go meta and build around the lost characters allure and superheroes are quite en vogue, in case nobody noticed. t:

I don't know, I guess if I was an Hollywood exec I would set something up in search of spec scripts of this sort with an eye to a medium budget; it's easy to make the case that a brand new and wholly copyright protected IP is a better prospect and takes the same level of commitment and creativity but I'm a romantic and would like to see a character resurrection or two.

 

[vantheman77]

I would like to see public domain superheroes films based on the original Daredevil, Black Terror, Amazing Man, Miss Masque, and Madam Satan.

One can do movies, television, and animation based on the public domain superheroes with some exceptions.

Stay away from the Marvel Family, Plastic Man, Freedom Fighters, and Blue Beetle as DC owns the trademarks and copyrights to most of them. In the case of Blue Beetle, the original Dan Garret (with one T) is public domain. Dan Garrett from Charlton is owned by DC.

If one wants to do new comics based on the originals Daredevil and Blue Beetle, the names would have to be on the interiors.

 

[Electricmastro]

Various public domain heroes as drawn by Alex Ross. It would be interesting to see movies about any of them I think:

 

[mclay18]

Wow, never saw this thread before.

Now my imagination is running wild...

 

[Milk Tray Guy]

I would like to see public domain superheroes films based on the original Daredevil, Black Terror, Amazing Man, Miss Masque, and Madam Satan.

Project Superpowers!!!

 

[vantheman77]

There is boatloads of potential with the golden-age public domain characters.

Dynamite Entertainment owns their Project Superpowers versions of the characters, but they are still and will always be in Public Domain. In other words you can create your own comic versions of these characters.

 

[Milk Tray Guy]

There is boatloads of potential with the golden-age public domain characters.

Dynamite Entertainment owns their Project Superpowers versions of the characters, but they are still and will always be in Public Domain. In other words you can create your own comic versions of these characters.

Alan Moore used some of the same characters that Dynamite's PS used for his Tom Strong and Terra Obscura. Haven't read those two yet, but I'd like to see his take (which I've read was pretty different).

 

[vantheman77]

Yep and he can do this under public domain.

 

[Deck Rickard]

Various public domain heroes as drawn by Alex Ross. It would be interesting to see movies about any of them I think:

I love how awkwardly named some of the sidekicks were back then.

THE BLACK TERROR...

AND...

Ummm... Tim?