Posted: 08 April 2019 at 12:12pm | IP Logged | 5
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Brian Hague wrote:
... DC was not at fault for failing to guard the Captain Marvel copyright. It wasn't theirs to protect. Fawcett's owners still held the rights to character following their decision to stop publication and did not defend those rights going forward... |
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Trademarks and copyrights are two distinct things in law. You can't copyright a name, but you can trademark it. Fawcett retained the copyright to Captain Marvel until it sold the character and related properties to DC. What it lost was the trademark to the name "Captain Marvel" as a title for publication.
DC can still use the name "Captain Marvel" for the character to this day, if not for the book or movie title. However, after nearly five decades of not being able to trademark the name, since Marvel has held the trademark since 1968, DC finally decided to go ahead and just call the character Shazam.
Copyrights have a specific shelf life. Trademarks are more of a "use it or lose it" situation. Marvel lost its trademark to "The Champions" in the 1980s because it couldn't prove successfully in court that there were plans to use the title for a publication anytime soon. So, Hero Games (I think that was the gaming company), won the rights to the trademark. These days, Marvel seems to have gotten back the trademark.
And that brings up another thing: Once a copyright expires, the property enters the public domain. Trademarks expire, but can be renewed even years later.
The reason Marvel published the Captain Marvel specials in the 1980s was to retain the trademark. The publication trademarked doesn't have to be in constant publication, but there has to be intention of using it within a given period of time.
One more thing about the original Captain Marvel and the arrangement between DC and Fawcett in the Seventies: As I understand it, DC was originally licensing the character at that point, and didn't fully own the property until the Eighties. Does anyone here know the full scoop on that?
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