Public Domain, an actual functional symbols.
Elspath
Posts: 180
there are public domain characters like the billy batson fawcett captain-marvel, http://pdsh.wikia.com/wiki/Captain_Marvel_(Fawcett) mary-marvel, the question, uncle sam, the first two blue beetles, and others like the lev gleason 1940 ddaredevil, that are free use, so i'm not sure why Daz isin't taking advantage of them. they are just as public domain as the disney princesses who actually originated in poems, and stories centuries ago. some had symbols, that were really weapons. like boomerangs. we need real props as symbols for supersuits, instead of the old mats. niether marvel nor Dc can do anything about it legally for those. http://pdsh.wikia.com/wiki/Question
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we also "need" wrap around capes, not capes that stop at the shoulders.
The names and basic stories of the fairytale princesses may be public domain, but the distinctive appearances and outfits of the Disney Princess® line are still very much protected by copyright and/or trademark law.
And while the appearances of Captain Marvel may be public domain, "Marvel" and "Captain Marvel" are trademarks and must be dealt with carefully; same with Blue Beetle. I am sure that nobody wants to risk legal difficulties. So you could have a Gleason 'Daredevil' lookalike; but don't dare call him 'Daredevil' or Disney/Marvel will be on you in a heartbeat. Or just stick with more obscure names and characters like Black Terror or the like.
niether company, disney or marvel, can legally do anything about it. the names can legally be used on the inside of the book. to avoid the trademarks, just use a different title on the cover or film. but copyrights which are used on the interior pages, are absolutely lapsed.
Companies with in-house legal teams can drag people into court, causing them to run up ruinous legal bills, whether they ultimately win or not. If you think somebody should risk their business, home, or kids' college fund on selling Warner Brothers' characters, perhaps you should learn modeling and take that risk yourself.
Getting permission for using trademarked properties is the best way to avoid legal fees. Unfortunately, most of the time the trademark holder wants a significant fee up front to do so, which is why you don't see very many people doing this. They also may or may not have rules about fan produced content (aka fan art/fan fiction) that need to be respected.
again. they are not legally allowed to take you to court if you refuse to use the trademarks. simply title them something else on the covers. the film titles, and the action figs. on the interior work you can use the original names and niether marvel or Dc can sue. it will be thrown out of court. i have this on good authority from a Dc lawyer. as long as the trademarks which is the cover title only aren't used, they cant do anything legally about lapsed copyrights.
they published an improper copyright notice in the 1970's. once they did this, the characters they own which had that notice, lapsed into the public domain. there is no such thing as "international copyright". fact. they are all public domain except the newer dirrivitive versions. trademark is different. but thats just a name on the cover, or title of a film. simply change the trademark, and you can legally use the real names on the interior pages/comics/films/series. trademarks do not cover interior work. just cover titles. the characters themselves, are just as lapsed as the fables princesses disney used, by federal united states laws. not just the original publications. this is at both the trademark office website, and the u.s. copyright websites.
What exactly is the point of this thread?
There's a lot of assertion of facts based on no supporting evidence. If you are considering taking any kind of action, get eral advice from a qualified and licensed professional - don't make decisions based on forum posts. Given that none of us qualify for that, or at least none of us are acting in a professional capacity, I am locking this thread.