I just want to ask a question, if you are a comic book maker, or hopefully plan to be one day. Are you going to use any Public Domain Superheroes as part of your project?

I plan to, and was a reason I started this website. Because until Project Superpowers came out, I didn’t know there were Public Domain Superheroes. And don’t be fooled: Alex Ross, Dynamite Entertainment, Image comics and others DO NOT OWN These Characters.

And they CANNOT Prevent you from telling your own stories with these characters.

I am no lawyer, so don’t quote me, and of course, consider getting your own legal advice.

But my understanding and research on the issue is this: Once a property is in the public domain. It cannot go back into someones private hands.

With these comic book characters, we logged onto some great heroes. And I don’t think in this day and age, this would ever happen again.

Basically, the work made in the Golden Age, the copyright laws were different. And the rules are not like they were today. A lot of companies went out of business. Or they didn’t bother to register their characters. Don’t forget, comic books were looked down upon then by others. And it wasn’t something people bragged about working in.

But it all adds up to the fact that they are in the Public Domain, and that means they are free to be used by anyone.

But keep this important fact in mind: You must base your version on your own ideas and the only source material you can base it on is the Golden Age original material from the publishers back then.

By this I mean, you can follow strictly this Golden Age material. Or you can spin your own version in a whole new way.

But YOU CANNOT base your stores, ideas, or continuity on that of another publishers version. For example, DO NOT base your Black Terror on the Alex Ross version, in terms of character personality, costume and the elements he brings to it their.

Just stick to the rule of: Basing Your Version on the Original Material. And you cannot go wrong.

Forget Terror Obscura and the Alan Moore version. Don’t even bring it up.

I’d like to mention you can also redesign the costumes, changes the names, the secret identity names, the place they work, the city they live it, it’s all up to you.

Feel free to flex your creative muscle.

But a caution on the look: Stick to the original design and spin your own ideas. Do not copy what Alex Ross has done with his version and decide to make yours look the same way.

Basically I want to mention: Even though it’s public domain, as a publisher, they automatically have created “There Own Version” of that hero. The stories, personality, etc. are owned by them.

Just as Your Version, is owned by you, and another cannot legally base his material, on your version of that hero.

I’d also like to mention names: It pays to check and see what others are doing. I disagree that Marvel Comics has exclusive rights to the Daredevil name, but to play it safe I suggest Changing the name of the Golden Age Daredevil. AC Comics named theirs Red Devil. So don’t use that name either, AC Comics made that up and owns that version.

Personally, Daredevil is not a unique name. Such as Batman or Spider-Man. Like the Matrix movies had Robots called Sentinels. And Marvel Comics has robots called Sentinels. I think the word Daredevil is not unique. Heck, Stan Lee took the name the Golden Ages name to use on his version of Daredevil. Plus both heroes are not alike in terms of a reader being confused as to who they are.

Yet, as I said, to avoid the legal hassle of Daredevil, just change the name. And don’t use that terrible generic Superpowers name Dynamite had for him. They own that name for the character.

In case it wasn’t mentioned, I plan to one day hopefully use these Public Domain Superheroes in stories of mine. I plan to mix it in with my own original creations.

Why not stick to just my own you ask? As I’ve heard other comic creators say, it’s nice to play in others sandboxes. And that’s what these public domain heroes are: A chance to work with someone else’s sandbox. And yet to contribute your own take on the characters.

We may never get the chance to do this with our heroes like Batman, Spider-Man and all the rest. But legally, we can use these characters. And no editor or publisher can restrict us, or limit our imagination and the stories we want to tell with them. The only limits, are those you place upon yourself.
As it is, I’m planning Daredevil, who’ll have a different name my version, as someone who’ll stick close to the original published version in who he is.

The Black Terror though will be quite different from the how he was originally published and his costume altered.

Anyway, feel free to share your thoughts and comments.

Rob