What is Marvel's/Disney's plan in the 2060s, regarding the public domain?
In 2061, Black Panther will finally enter the public domain, 5 years after the Fantastic Four. By that point, most of the major Marvel characters and concepts will be in the public domain due to them having been created within a pretty short time span. This may not seem like much of a problem since only the earliest versions of these characters will enter the public domain. However, unlike DC and Disney, most of Marvel's major characters were created pretty much fully formed from the start.
Sure it would take a while for the more recognizable looks/aspects of characters like Iron Man, the X-Men, and DD to enter the public domain, however this would be a major issue for characters like the FF and Spider-Man for obvious reasons. With all that would be available atp, I doubt the only outcome would be low budget horror movies.
What do you think Marvel will do when 2061 comes around? If Sony somehow still has the rights to Spider-Man by then, could they just have their own versions of Johnny Storm or Stephen Strange randomly show up in Spider-Man movies without consulting Marvel? Could Marvel Studios retaliate by using Spider-Man and his 60s era rouges gallery freely in their movies? Could Universal make a Fantastic Four film without consulting Disney?
Sure it would take a while for the more recognizable looks/aspects of characters like Iron Man, the X-Men, and DD to enter the public domain, however this would be a major issue for characters like the FF and Spider-Man for obvious reasons. With all that would be available atp, I doubt the only outcome would be low budget horror movies.
What do you think Marvel will do when 2061 comes around? If Sony somehow still has the rights to Spider-Man by then, could they just have their own versions of Johnny Storm or Stephen Strange randomly show up in Spider-Man movies without consulting Marvel? Could Marvel Studios retaliate by using Spider-Man and his 60s era rouges gallery freely in their movies? Could Universal make a Fantastic Four film without consulting Disney?
Commentaires
The house of mouse lawyers are aggressive, so this is a I'd watch what others do and get away with and do that.
Last Week Tonight started using him in the intro and had an entire segment dedicated to it entering the public domain
# [USE THIS AND YOU'RE FINE (in theory…)](https://imgur.com/0TmCT8h)
# [USE THIS AS AN ALTERNATE WAY TO SUMMON THE HORDES OF DISNEY LAWYERS (ie, it's trademark)](https://i.pinimg.com/736x/ba/aa/68/baaa68d160ac9b7664ee2f1f6d9bbb8d.jpg)
but again, and longer this time!
Plenty of very old characters still show up everywhere. Greek/Roman gods are still everywhere (Hades, Percy Jackson etc.) Sherlock Holmes is still perpetually getting reimaginings, Dracula and Frankenstein too.
I think having them in the public domain is a good thing, a much more diverse and interesting range of stories get told and it's not like the creators of those stories need money to motivate them to make more cool stuff. If anything I think the copyright window should be reduced.
Imagine not being able to use or perform the works of Shakespeare because some corporation happened to own the copyright 400 years ago when he died. It’s bad for culture and bad for innovation as well.
How is not letting people use Captain America bad for in ovation? If anything wouldn’t that be *good* for innovation? Maybe the writer will create something new then.
There's TOO MUCH in terms of property rights. A person should enjoy the fruits of their labors. And they should be able to provide for their children too, sure. But multi-generational wealth *absolutely should not be a thing*. People should not be rich solely because their great-great-great grandfather was a good businessman or talented artist. Not unless EVERYONE gets to enjoy being rich, because if only SOME get to enjoy being rich because of stuff that happened centuries before they were born, that is completely and absolutely fucked up.
Sherlock Holmes is still an evergreen character, but that hasn't been harmed by his being in the public domain now. If anything, it's made him more popular. Anybody who wants to make a movie about Sherlock Holmes, can.
And I reject the idea that nobody ever thought we'd have characters today that are still popular after 100 years. My guy, have you heard that Christopher Nolan is making a movie based on The Odyssey, to be released next year? Should we be tracking down the "rightful heirs to Homer's estate" so they can sue Nolan?
Wait a minute...
To use another example, Superman will enter the public domain in 2034. But in that year, only aspects from superman in 1939 can be used. So if someone makes a superman cartoon in 2034, and makes him fly, that would be copyright infringement, because technically he didnt fy until 1940.
Either way, Disney will have to start to be more creative with their representation of their characters in order to maintain creative control going forward.
Unless someone decides to waste a nuclear bomb to target a very rural area I live in
"Til you're ninety."
Just like anyone can make a story on Iliad & The Odyssey, Norse Mythology, Dracula etc. since they are under public domain
(That said, Superman is public domain - but a distinct version of Superman)
Disney’s already lost the original version of Mickey.
Since they're using Steamboat Willie in their intro, the Trademark is for something like Use of Steamboat Willie in a logo representing a company - and the lawyer you mentioned is using the characters to advertise.
I remember this was part of the original costume changes from the classic trunks so the Siegal and Shuster version becomes public domain, but the modernized Superman or post Golden Age Superman are still under Copyright for a few more decades.
Comics are gonna get weird soon.
Personally, I doubt that it will be a huge problem for them. They will have well used those assets by then and will be headlining newer toys in their collection.
As for Cap, they can only use the aspects of the character from 95 years ago from whatever year they are in. So for example, his round shield wasn't introduced until 1941
A trademark last an undefined amount of time, yeah, those heroes will be public domain, but it would work just like how you can make a short about the old Mickey Mouse but never called him "Mickey Mouse", because Mickey Mouse is a trademark, and Disney could still sue you
I don't think Sony could make a random Ghost Rider character without consulting Marvel without getting into trouble
It's like how Mickey Mouse's first appearance is now public domain, but Mickey Mouse as a whole isn't.
The Marvel heroes aren't like the DC heroes, where it took years for them to become recognizable as the versions of the characters we are familiar with (Superman couldn't even fly originally). You would get pretty much all of the fundamentals by 2061, when the first 6 years of Marvel stories enter the public domain.
If they've remained stagnant for this long, what are the odds that these characters will all receive huge revamps that actually stick within the next 36 years.
And since DC and Marvel have been telling these stories for a long long time, pumping out multiple books per month, a lot of the actual stories in those books will be covered under copyrights. It's like how the Simpsons have told almost every conceivable story about a family of five living in a small town.
So for example, you wouldn't be able to make a story about a monster called Judgement Day killing Superman, or a hulking masked man called Scourge breaking Batman's back.
Sorta like how when Winnie the Pooh and Mickey Mouse finally entered public domain, all that changed was that trashy studios were able to make low budget horror movies with them. Things continued business as usual at Disney.
It’ll also probably be a couple of years before actual interesting stories start coming out as the general trend for public domain is let’s see how messed up we can make this compared to the original and then people start making actual interesting versions of the stories.
So the first few things made in the public domain will probably be around the lines of what if Spider-Man was a serial killer which will interest a small crowd but not a large one.
Mickey Mouse is a great example. You can tell a Mickey Mouse story, but it’s not going to resemble the current character all that much.
Nothing.
This is also assuming they don't change the laws regarding the public domain. The more companies are prolific and last longer than people the more likely that will be.
If a random guy on Reddit is thinking about, SOMEBODY at Marvel/Disney should be!
Great post, person
The funny thing is making Spider-Man married and having Mayday as his daughter, something Marvel Comics editorial hates, would give decades of additional protection.
Owning the trademark makes it really hard for other companies to profit from these copyrights. So while you could make a movie featuring Spider-Man, you won't make a lot of money doing so, which means you won't spend a lot of money making it.
There isn't much to do with character early on beside a African Batman clone
