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Superman To Lead Avengers


Kharis2000

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Re: Superman To Lead Avengers

 

The decision (the hyperlink in the blog is fixed) explicitly states:

 

"The Court begins by observing what is not depicted in the announcements. Obviously, nothing concerning the Superman storyline (that is, the literary elements contained in Action Comics, Vol. 1) is on display in the ads; thus, Superman's name, his alter ego, his compatriots, his origins, his mission to serve as a champion of the oppressed, or his heroic abilities in general, do not remain within defendants sole possession to exploit. Instead the only copyrightable elements left arise from the pictorial illustration in the announcements, which is fairly limited.

 

The person in question has great strength (he is after all holding aloft a car). The person is wearing some type of costume, but significantly the colors, if any, for the same are not represented, as the advertisement appears only in black and white. The argument that the “S” crest is recognizable in the promotional advertisement is not persuasive. What is depicted on the chest of the costume is so small and blurred as to not be readily recognizable, at best all that can be seen is some vague marking or symbol its precise contours hard to decipher. The Court thus concludes that defendants may continue to exploit the image of a person with extraordinary strength who wears a black and white leotard and cape. What remains of the Siegel and Shuster’s Superman copyright that is still subject to termination (and, of course, what defendants truly seek) is the entire storyline from Action Comics, Vol. 1, Superman’s distinctive blue leotard (complete with its inverted triangular crest across the chest with a red “S” on a yellow background), a red cape and boots, and his superhuman ability to leap tall buildings, repel bullets and run faster than a locomotive, none of which is apparent from the announcement."

 

 

Which, in essence, and assuming that they don't just write the really big check, means DC loses Superman and everything directly springing from him.

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Re: Superman To Lead Avengers

 

Based on this, I can imagine that some 50 years from now most of DC's major properties could go into Public Domain, and some 50 years after that the same could happen to most of Marvel's major properties. (It happens 75 years after the creator's death, IIRC.) Note that I'm not saying it will happen; just that it could.

 

That could make for some pretty... interesting publications.

 

As to the possibility of Marvel buying up Superman, I think they'd be better off leaving him with DC than alienating 75% of the world's comics fanbase.

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Re: Superman To Lead Avengers

 

As to the possibility of Marvel buying up Superman' date=' I think they'd be better off leaving him with DC than alienating 75% of the world's comics fanbase.[/quote']

I don't think Marvel could care less about alienating 75% of the world's comics fanbase, honestly.

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Re: Superman To Lead Avengers

 

I don't think Marvel could care less about alienating 75% of the world's comics fanbase' date=' honestly.[/quote']

 

If Marvel thought that would be the result of them buying Superman, I think it would guarantee that they'd do it. Hey, bad publicity gets more airtime than good publicity, and all that...

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Re: Superman To Lead Avengers

 

Unfortunately, my opinion of the Bono Act that extended the copyright time to its currently insane levels (again, IMO) is pretty heated, and better suited to the realm of the NGD. I find it amusing that for once, the laws have bit the corporations in the butt and actually served the family of a creator like the act supposedly was all about anyway ;)

 

I admit, I hope it doesn't go to Marvel, but I'd love to see what Dynamite would do with a classic Man of Steel. They're doing darn well with older properties like the Lone Ranger and Zorro IMO.

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Re: Superman To Lead Avengers

 

Of course, as several folks have pointed out, it's virtually inconceiveable that DC wouldn't try to write the big check. What I'm curious about is A) How much 'b-llsh-t accounting' Warner/DC will try to pull to justify not paying the Seigel any heirs anything (a'la New Line and Peter Jackson/the Tolkein Estate); and B) How pissed the Seigel heirs will be by the time that's over (and how pissed they are now) which will directly reflect on how likely they are to even talk to DC.

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