4 ms·
> I assume it's already fine to make characters with Superman-like powers but with another name You may want to take a look at the outcome of National Comics P
by msbarnett 8y ago
> I assume it's already fine to make characters with Superman-like powers but with another name
You may want to take a look at the outcome of National Comics Publications, Inc. v. Fawcett Publications, Inc. https://bit.ly/2CHZt0i https://bit.ly/2CHZt0i the courts have and will slap down clearly “ersatz Superman” characters.
edit: had to use a URL shortener because HN keeps mangling the Wikipedia URL
- incompatible 8y agoInteresting. It makes it mysterious to me at which point a mere collection of "facts" about a fictional character turns into a copyrightable depiction.
- msbarnett 8y ago> It makes it mysterious to me at which point a mere collection of "facts" about a fictional character turns into a copyrightable depiction. The decision by Hand in National is widely considered to be extremely clear and readable, if you're really curious. It's important to understand that while mere collections of facts are not copyrightable, nothing about fiction is factual -- you can't defend Captain Marvel on the basis of "we're merely reporting the facts about his powers, which happen to mirror facts about someone elses'" because those powers aren't facts at all but represent conscious creative decisions on the part of Fawcett Comics. When all of your creative decisions are tuned to mirroring the creative decisions of another copyrighted work, you're in pretty well-defined copyright violation territory.
- em-bee 8y agohttps://en.wikipedia.org/wiki/National_Comics_Publications,_Inc._v._Fawcett_Publications,_Inc. https://en.wikipedia.org/wiki/National_Comics_Publications,_.... (HN removes the last ".", adding another makes the url work :-)
- msbarnett 8y agoAh, thanks! I couldn't figure out how to get it to stop eating that