Comic Copyright Laws
You've stayed up all night and created the world's greatest superhero since Superman. He's got powers to fight the forces of evil, but you're not sure if he's capable of fending off copyright infringement. Once a work is put into a fixed form, it's protected by copyright law. That includes comic books, comic strips and cartoons. So long as it's in a tangible form like a drawing or written description of a character.
A general idea, title or character name isn't enough to qualify for protection under U.S. copyright law.
But you should register your superhero immediately with the U.S. Copyright Office. This will help you in cases of infringement; it's difficult to file a suit without a registered copyright.
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Copyright Registration
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You can register a copyright online by going to www.copyright.gov then clicking on "electronic Copyright Office." You can also register by completing the proper paperwork available on the site and sending it snail-mail to the Washington, D.C. office.
The payment for the copyright depends on whether the work is published or unpublished. The date of publication is also important. It's best to check with the copyright office when registering.
Copyright vs. Trademark
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Sometimes it seems like you need X-Ray vision to tell the difference between copyright and trademark, but it's relatively easy. Copyright protects "original works of authorship" while trademark protects "words, phrases, symbols or designs" of a company that separate it from another company.
For example, Superman is a copyrighted character. However, the symbol on his chest, kryptonite and the phrase "This is a job for Superman!" are all trademarks.
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Work-4-Hire
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In the comic industry, it's common to do "work for hire." If an artist at Marvel Comics creates a brand-new superhero as part of his duties, then the copyright goes to the company. The artist would no longer have any control over the creation, and Marvel Comics would be able to profit from any derivative works such as movies and television shows.
The copyright for "work for hire" endures for 95 years after the initial creation.
Copyright Act of 1976
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In 1976, Congress made significant revisions to the copyright law. For example, the copyright for work created on or after January 1st, 1978, is good for the author's lifetime plus an additional 70 years. The biggest revision, however, would rock the comic industry and the most famous superhero creation---Superman.
Never-Ending Battle
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In 1939, Action Comics #1 featured the first appearance of the Man of Steel. Creators Jerry Siegel and Joe Shuster signed away their rights to Detective Comics, now DC Comics, for $130.
A provision in the 1976 Copyright Act allows for creators, under certain circumstances, to regain the rights to their creations. Using this, Siegel's widow and daughter hit DC Comics with a copyright termination notice and the case went to court.
In 2008, a federal court ordered the copyright of Action Comics #1 returned to the Siegels. A second ruling gave the Siegels ownership of additional materials from the daily newspaper strips and early issues of Superman and Action Comics.
Creator Ownership
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One way to avoid nasty litigation with big comic-book publishers is to self-publish, where you own your creation lock, stock and barrel. Alternative comics started back in the 1960s and 1970s with the "underground comix" movement. Today, several small-presses and smaller companies put out creator-owned books.
In the 1990s, creator ownership became a trend in the comic industry especially in regards to superhero comics. Several publishers, including DC Comics and Image Comics, have released creator-owned books where the artist or writer retain all the rights to the stories and characters.
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References
Resources
- Photo Credit Spider-Man comic, image by Fluzo
