The Batman copyright question.

[B.A. Baracus]

As we all know batman is property of warner brothers/DC comics and recently a company called Hollywood garage was sued for copyright infringement over making replica full size batmobiles, yet on ebay people sell custom bane masks, batman masks and costumes, just how likely is it that warner brothers will go after these people/that are running a business making prop replicas.

Therres also those/selling a trading card with a free batman mask, is that even legal, as the card is what's for sale and the mask just happens to be free?

 

[Bathead]

If WB doesn't go after any of these for copyright infringement, it's probably because they're not aware of them. My understanding of copyright law is, if a copyright holder deos not actively pursue infringers (no matter how "small-time" they are) when they find them, they can lose the copyright. The hard part is actually finding these crooks.
As far as the trading card/mask deal, it doesn't matter if the mask is free or not, it's still infringement. If there's no permission from WB, then they can't distribute it, period, even if it is free.

 

[B.A. Baracus]

With the amount of replica batman and bane masks on eBay though and offered through other sites, they are not hard to find at all, why would warner brothers not stop them?

 

[Bathead]

I don't know, you'd have to ask WB that. All I know is, if a copyright holder doesn't actively pursue those infringers they know about, they can lose their copyright. And for all you know, they have been indeed been going after these people with C+D (cease and desist) orders.

 

[SHADOWBAT69]

WB seems to pick and choose when they want to go after people. Back when I was heavily involved with the BOTB it was not uncommon to receive C&D's through eBay. I've received a couple myself some years back.