questions about copyright and public domain

[Extrocomp]

I have some questions about copyright and public domain. I’m posting them in this forum because I’m a sci-fi/fantasy fan and most of the examples I’m using in my questions are sci-fi/fantasy. I’m interested in copyright because it is the only thing that can define the concept of a fictional universe.

Is there any way to find out which person or company owns the copyright of a character?

If a character first appeared in an intercompany crossover, like Star Trek/X-Men, which company is he owned by? Or is he owned by both companies?

The copyright of the Spider-Man movies, as well as the novels and video games based on those movies, is held by Marvel Characters and Columbia Pictures. So exactly what part of the product does Columbia own? If it’s only the scripts, then why are the video games’ copyrights also held by Columbia? Or is it just the title and cover image?

The Blade movies are based on the Marvel Comics title character, but include a lot of characters that weren’t in the comics. Are those characters owned by Marvel Characters or New Line Cinemas?

This year there are Terminator comics being published by Dynamite Entertainment and IDW Publishing. They are not licensed from the same copyright holder. How can this be?

Detective John Munch has had guest appearances on many shows, some of which are from on networks. Did the various shows need to ask the Law & Order copyright holder’s permission to use John Munch or did they just need to get in touch with the actor?

Even recent reprints of the Starship Troopers novel still say © 1959 Robert Heinlein. But the Starship Troopers RPG is © Tristar Pictures, with no mention of Robert Heinlein. How does this work? Who owns the Starship Troopers name?

The novel ‘Jumper: Griffin’s Story’ is © Steven Gould, but the character Griffin O’Conner is © New Regency Films, because he first appeared in the movie. But the movie is a licensed adaptation of the original Jumper novel by Steven Gould, so why doesn’t Gould own all the characters from the movie?

Different countries have different laws about when a copyright expires, so a novel can be still under copyright in one country but public domain in another country. But how does that work when the whole world is connected and the Project Gutenberg Australia website can be accessed from any country?

According to Wikipedia, the 1940s Superman cartoons are public domain. But how can that be when the character of Superman is a trademark of DC Comics?

Can a copyright be renewed or is it doomed to expire at some point in the future?

How can The Asylum film studio get away with making ‘mockbusters’ of various popular films like 'AVH: Alien vs Hunter'? Mockbusters are not parodies, since they to not criticize or make fun of the movie they are based on. They are simply a low-budget version of the same idea with a slightly different title.

The original zombie apocalypse movie 'Night of the Living Dead' became public domain because the distributor forgot to add a copyright indication on the prints. Is this why there's now an entire meta-genre of zombie apocalypse movies? What other ideas or characters do you think will benefit by becoming public domain?

 

[firehawk12]

On games and specifically adaptations, there are various versions of copyrights.

For example, LOTR movie game rights and novel game rights were held by different companies. One was sold by New Line/Alliance and the other by the estate. Although, now Warner Brothers Interactive owns the copyright to both when the novel rights were allowed to lapse by EA.

There's a different issue with Marvel games. The "franchise" is licensed to Activision - hence Marvel Ultimate Alliance. But individual characters are also licensed - SEGA has the rights to Iron Man and the Hulk. Again, I imagine that's due to one being a license based on the comic books and the other being based on the films.

I also believe that copyrights can expire... it's just that unfortunately, US copyright limits keep being extended.
I know that it was apparently a big deal when the Peter Pan rights became public domain in the UK a few years ago anyway.

I suppose the Superman cartoon thing is due to the cartoon itself being public domain, not the character. I imagine the old 40s Batman live action film is probably public domain now as well?

 

[Garrovick]

Public Domain occurs when the owners decide that there is no economic gain to be made. Like the Old Time Radio shows by CBS and NBC from the 30s, 40s and 50s. The episodes are public domain for private use, but the characters and stories may still be copy righted.

Every thing by Tolkien is still copyrighted by the Tolkien children. They renew those copyrights on a regular basis. They still have the ability to control the use of thier Father's works.

Just because a movie or a book has gone Public Domain does not always mean not copyrighted.

 

[FalTorPan]

Prepare for a variety of replies, most of which will be inconsistent with one another. You're better off asking an attorney who specializes in intellectual property law.

 

[the Dagman]

You are grouping a lot under copyright, when your answers are covered more by trademark law and the licensing thereof of the two. Copyrights can NOT be renewed. Once you get past a certain point in time stated in the copyright law of the various countries the work is marketed, the actual words on the page become public domain. However, trademarks can be extended indefinitely merely by producing a work using that trademark periodically. And if a company who has licensed a property produces a new written work based on it, that company may copyright that work themselves. That does not give them the right to use that work beyond the terms of the original licensing agreement however.

 

[Icemizer]

Its a complete mess is what it is. Who owns what and what part of it is something as stated above requires lawyers to find out.