Public Domain: What Is It and Who Lives There
By Joe Sergi
Once a work enters public domain, it can be freely used. This means that the original material can be reproduced verbatim (as is the case for the AC Comics reprints) or the characters can be utilized in a derivative work (as is the case with Alex Ross' Project Superpowers). It should be noted that when public domain material is used to create original work, the new work would be protected by the intellectual property laws. For example, while Mina Murray, Allan Quatermain, and Captain Nemo are public domain characters, Alan Moore's League of Extraordinary Gentlemen is a copyrighted and trademarked work. (Ironically, one of the only original characters in the series, Campion Bond, was excluded from the movie adaptation because of similarities to the copyrighted character of James Bond.) The same would apply to the retconned history and successor characters of the Quality Comics characters, which belong to DC Comics. This is true despite the fact that, with the exception of the casts of Plastic Man, Blackhawk, and the Spirit, all Quality Comics characters have lapsed into public domain.
Who is in Public Domain?
Several prominent literary and comic characters are public domain. In addition to the aforementioned Project Superpowers characters, Quality Comics characters, fairy tale characters, and the ensemble cast of the various League of Extraordinary Gentlemen series, several other characters are public domain and free to be used. For example, characters from Arthurian legends; Norse, Greek, and Roman myths; and Shakespearean literature are all public domain. Similarly, several other comic book characters have become public domain, including those originally published by Barsoom, Centaur Publications, and Fawcett Comics.
The most recent popular character to enter public domain was Peter Pan. Interestingly, Bill Willingham has stated that he originally intended Pan to be the Adversary in Fables but, at the time, the character was not yet available.
The Future
Some people complain that there are no more original stories or ideas. Some may think that this recent resurgence of public domain characters proves this point. They are both wrong. Public domain allows an outlet for reinvigoration and provides a new generation of readers with access to classic characters rewritten with a modern spin.
If copyright law does not change, existing public domain characters may get some famous neighbors. Mickey Mouse and friends will enter public domain in 2019. (It should be noted that a few Mickey Mouse comics accidentally entered public domain and were published by Eternity Comics as issue 1 and 2 of the Uncensored Mouse until a Disney lawsuit stopped the publications.) Superman will join Mickey in public domain in 2033.
It will be interesting to see what will happen when these characters are free to be used.
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