The recent entry of Steamboat Willie and Mickey Mouse into the public domain has sparked discussions about the fate of DC Comics’ iconic characters—Superman, Batman, and Wonder Woman.
While these superheroes are set to enter the public domain in 2034, 2035, and 2037, respectively, Warner Bros. and DC Comics are gearing up for the challenges and opportunities of this significant change.
Like Disney’s attempts to prevent the entry of Steamboat Willie into the public domain, Warner Bros. Discovery won’t be able to stop the public domain status of its superheroes, thanks to copyright extensions granted in the Copyright Extension Act of 1998. The upcoming public domain status raises questions about how the studio will navigate the changing landscape.
Despite the inevitability of public domain entry, Warner Bros. will still hold considerable leverage over Batman, Superman, and Wonder Woman. The initial public domain entries will cover only the earliest versions of these characters, allowing the studio to retain control over later iterations, supporting characters, and trademarked elements associated with each hero.
For instance, Batman’s iconic Bat symbol and Superman’s “S” logo will remain under trademark protection, enabling Warner Bros. to distinguish its works from potential public domain adaptations. But this will not stop creators, writers and filmmakers.
Industry experts anticipate that various creators and studios will attempt to capitalize on the public domain status of these characters, sparking a new era of adaptations and interpretations. While Warner Bros. cannot prevent the use of public domain material, it can enforce trademark protections to ensure that adaptations distinguish themselves from the official DC works.
“There’s going to be 100 of them,” Chris Simms, Batman expert and comic book author told Variety. “They’re going to have them ready to go.” Movie producers will also be able to make their versions — much as they already do with public domain characters like Dracula and Robin Hood — though in the beginning, they will have to stick to the original versions of the characters.”
“You get Batman, but you don’t get Robin,” Simms continued. “You get Superman, but you don’t get kryptonite.”
The initial Superman could only leap — not fly. “Those characteristics are going to fall into the public domain one by one,” media and entertainment lawyer at Morse, Amanda Schreyer, told the outlet.
As Hollywood’s fascination with superheroes evolves and other entertainment trends emerge, the entry of legendary characters into the public domain promises a dynamic and potentially murky landscape for creative exploration. The shift signals a future where the adaptation of iconic characters becomes a shared endeavor, with various creators contributing to the ongoing legacy of superheroes.
Get those Superman scripts and comics ready. You have 10 years.
Follow us on Facebook, X and Instagram
The Geek is a working screenwriter, director and screenwriting instructor.
