Superman Will One Day Soar Into Public Domain, But You Can’t Make Him Fly
By Mikelle Leow, 14 Jul 2023
Photo 71921561 © R. Gino Santa Maria / Shutterfree, Llc | Dreamstime.com
It’s a bird, it’s a plane, no—it’s the readily-modifiable iteration of Superman. On January 1, 2034, Warner Bros.’ exclusive intellectual property powers over the Man of Steel will be extinguished. This means that the beloved superhero will enter the public domain, allowing for greater freedom in adapting and remixing the character. However, before you start imagining all the possibilities, there are a few important caveats to keep in mind.
According to US copyright law, creative works produced before 1978 generally become freely adaptable and remixable after a 95-year period. In the case of Superman, who first made his debut in DC Comics’ Action Comics #1 in 1938, this milestone will be reached in 2033, making his original character design from that issue fair game for use.
But hold on a second—before you go ahead and make him soar through the skies, there’s a catch. The ability to fly, which has become synonymous with Superman, was actually introduced in a later version of the superhero and is copyrighted, according to Fast Company (via Boing Boing). Before his evolution, he was only able to “leap tall buildings in a single bound.”
This means that you can only work with the original 1938 version of Superman without risking legal action from Warner Bros.
Image via DC Universe Infinite
Additionally, it’s essential to note that replicating Superman’s more modern costumes is also off-limits. The newer ensembles are still protected under copyright, so you will have to stick to the classic look if you decide to embark on any creative endeavors involving the iconic character.
While the impending entry of Superman into the public domain opens up exciting possibilities for fans, creators, and storytellers, it’s crucial to punch through the legal landscape carefully. Save your future self and take this advice.
[via Boing Boing, The Week, Fast Company, images via various sources]
This article was crafted with assistance from an AI engine, and has been reviewed, edited, and fact-checked.