When it comes to Golden Age superheroes and copyright, the status of these characters depends on who created them, when they were published, and whether the rights were maintained over time. Here’s a breakdown:
š COPYRIGHT STATUS OVERVIEW
ā Still Under Copyright
Most major Golden Age characters owned by DC and Marvel are still under copyright. This includes:
- Superman (DC)
- Batman (DC)
- Wonder Woman (DC)
- The Flash (Jay Garrick) (DC)
- Green Lantern (Alan Scott) (DC)
- Captain America (Marvel)
- Sub-Mariner (Namor) (Marvel)
- Human Torch (Jim Hammond) (Marvel)
These characters are still actively published and protected by copyright and trademark laws, often renewed and updated over the decades.
š” Some Characters in Public Domain
A number of Golden Age heroes have entered the public domain, often due to their publishers going defunct or failing to renew copyrights.
Examples of Public Domain Golden Age Heroes:
- The Black Terror (originally by Nedor Comics)
- Blue Beetle (Dan Garret version only) ā Original version is public domain; later versions owned by DC.
- The Shield (MLJ Comics / Archie) ā The character design and early stories may be public domain, though trademarks may still be enforced.
- Miss Fury
- Daredevil (Lev Gleason, NOT Marvelās) ā Also known as “The Death-Defying Devil” in Dynamite Comics.
- Fantomah ā One of the first female superheroes.
- Captain Battle
- Minute-Man ā From Fawcett Comics.
These characters have been reused by publishers like Dynamite Entertainment, AC Comics, and public domain publishers.
ā ļø Caution: Trademark vs. Copyright
Even if a character is public domain, their name, logo, and likeness might still be protected under trademark law if actively used by a company (like DC or Marvel).
Example:
- The name “Captain Marvel” was used by Fawcett Comics in the Golden Age (now known as Shazam by DC), but due to lawsuits and trademark issues, Marvel later claimed the name for their own use.
ā Public Domain Resource Tip
If you’re interested in using Golden Age heroes for a project, these websites can help confirm public domain status:
- Public Domain Super Heroes Wiki
- Digital comics archives like Digital Comic Museum or Comic Book Plus