Characters And Copyright Laws

[Darthphere]

But at a certain point isn't it infringment, I mean once it gets a little too close? Is there ever a point where someone can sue over copying or is it always legally protected if they say its a parody?

http://en.wikipedia.org/wiki/Fair_use

 

[supermarvelman]

Or Apollo and the Midnighter, there powers are different from Superman and Batman right?

Yes they are, and they are also gay lovers, which Superman and Batman aren't.

 

[wobbly]

http://en.wikipedia.org/wiki/Fair_use

Thanks for that link and Jeez...It's more complicated than I'd have thought. So basically, as long as its clear the product is a parody and unlikely to be detrimental to the source it mocks (ie: potentially cost the original creators money as a result) then the 'fair use' defense is in play.

 

[Darthphere]

Thanks for that link and Jeez...It's more complicated than I'd have thought. So basically, as long as its clear the product is a parody and unlikely to be detrimental to the source it mocks (ie: potentially cost the original creators money as a result) then the 'fair use' defense is in play.

Yeah, most of the time, its just up to the courts in that case to decide. Like if Hyperion started outselling Superman comics 2 to 1 or something, then DC might have a shot at winning, but its unlikely.

 

[sto_vo_kor_2000]

Well Marvel legally got the rights to use the name Captain Marvel, since DC put Billy on the shelves, by the time DC decided that Billy wasnt a threat to Superman's popularity anymore, Marvel had already got the rights to use the name. That is why DC's Captain Marvel has been called Shazam eversince.

That's not completly right.The charcter is still called CAPTIAN MARVEL but the book is called SHAZAM.

 

[supermarvelman]

Thats what I meant.

 

[Doc Destruction]

Probably not, but again, its parody, they're protected. Notice how they spelled Narnia as Gnarnia in the movie.

YOU WATCHED THAT MOVIE?

Oh good Lord, WHY?

 

[wobbly]

YOU WATCHED THAT MOVIE?

Oh good Lord, WHY?

Carmen Elektra as Mystique....Well that's my excuse and I'm sticking to it....t:

 

[Darthphere]

YOU WATCHED THAT MOVIE?

Oh good Lord, WHY?

I saw that in the commercial.

 

[LouFerignoDemon]

Maybe some of you can help me out on this....

I recall reading how DC comics sued Fawcett back in the 40's because Captain Marvel was too close to being like Superman.

But today we have characters at Marvel that are so much like DC characters, the only difference is in name.

Hyperion is just like Superman. More similar than Capt. Marvel ever was. hIS ORIGIN IS SO CLOSE TO Superman.....

Nighthawk is Batman except for the skin color and being more blood thirsty. Origin the same...almost.

How can you have a Captain Marvel at DC and Marvel comics without a legal problem??


Can you name some more characters that are copy cats??

Those two you mentioned were created intentionally to spoof the Justice League in a way that's more or less friendly. Notice how most, if not all the characters in Squadron Supreme are reflections of the DC.

That's why the DC has the Maximum's, which are friendly mirrors of the Ultimates.

 

[King Namor]

The fine line here is that trademark/copyright infringement has been redefined since the 1950s.

You can have superman type characters because you can't copyright an idea. You can trademark the name and it can't be used. You can trademark the image and it can't be used. You can copyright the actual books and they can't be used. But the idea of a superstrong guy that flies and has heat vision etcetera is open for use and can not be protected.

Not allowing ideas to be protected is the right way to do it because there is no such thing as an original idea. If you think of something is original, I bet at the same time there are probably at least a dozen others with the same idea. I wrote a screenplay about a female boxer that was written years before Million Dollar Baby. The similarities in the two stories was actually kind of creepy. My wife and I counted 17 similarities the two. I doubt Clint Eastwood secretly broke into my house and stole my script but I could have probably sued him and won in the 50s. They were that similar.

On a side note, I totally rewrote my script with the girl as a pro-surfer. It got fourth place at the Monterey County Film Festival last Summer. No I am not a screenwriter and have never been optioned. I do occasionally write to enter a contest but I think its mostly from a competitive standpoint of wanting to win something.

 

[Arkady Rossovich]

Well,i can imagine that Quicksilver is either a homage or copy of The Flash.Quasar is similar to Green Lantern,The Avengers are similar to Justice League.

 

[wobbly]

Those two you mentioned were created intentionally to spoof the Justice League in a way that's more or less friendly. Notice how most, if not all the characters in Squadron Supreme are reflections of the DC.

That's why the DC has the Maximum's, which are friendly mirrors of the Ultimates.

Pretty much all of the Squadron Supreme were/are avatars of the JLA (Lifted this from Wikipedia):

Squadron members -JLA counterparts
Hyperion - Superman
Nighthawk - Batman
Power Princess - Wonder Woman
The Whizzer (not kidding) - The Flash
Doctor Spectrum - Green Lantern
Amphibian - Aquaman
Skymax the Skrullian Skymaster - The Martian Manhunter
Golden Archer (originally named Hawkeye, later named Black Archer) - Green Arrow
Lady Lark (later named Skylark) - Black Canary
(Skylark also analogous to Hawkwoman/HawkGirl)
Tom Thumb - The Atom (loose adaptation)
Blue Eagle - (originally named American Eagle; also called Cap'n Hawk) - Hawkman
Arcanna/Moonglow - Zatanna
Nuke - Firestorm​

 

[Infinity9999x]

Maybe some of you can help me out on this....

I recall reading how DC comics sued Fawcett back in the 40's because Captain Marvel was too close to being like Superman.

But today we have characters at Marvel that are so much like DC characters, the only difference is in name.

Hyperion is just like Superman. More similar than Capt. Marvel ever was. hIS ORIGIN IS SO CLOSE TO Superman.....

Nighthawk is Batman except for the skin color and being more blood thirsty. Origin the same...almost.

How can you have a Captain Marvel at DC and Marvel comics without a legal problem??


Can you name some more characters that are copy cats??

Fawcett basically got screwed in the rear. Hard. Back in the 40's there weren't as many Superheros as today, DC had more money, and Fawcett lost. Like I said, they got screwed.

 

[wobbly]

And in the JLA, around the same time the Avengers were first facing the Squadron Supreme, these guys showed up:

The Champions of Angor - (also known as the Justifiers and the Assemblers)


Angor members - Avengers counterparts
Wandjina - Thor
Silver Sorceress - Scarlet Witch
Blue Jay - Yellowjacket
Jack B. Quick - Quicksilver
Tin Man - Iron Man
The Bowman - Hawkeye
http://en.wikipedia.org/w/index.php?title=Wandjina_(comics)&action=editT.A - Wasp
​

So with this one it's generally believed both companies and the writers were in an unoffocial collaboration.