Superman Day is in full swing, but the Man of Steel has found someone stronger than him. In less than ten years, the superhero will fall into the public domain. We take stock of the implications of such an upheaval for the entertainment industry.
2034, the end of an era
Created in 1938 by Jerry Siegel and Joe Shuster, Superman marked the beginning of the golden age of comics and established himself as the stereotype of the modern superhero. Yes, but here's the thing: property DC Comics' hero since his first adventures, the hero is about to fall into the public domain. According to American law, works published before 1978 fall into the public domain 95 years after their first publication. Thus, as of January 1, 2034, any creator, studio, or publisher will be able to freely use the character of Clark Kent as he appeared in Action Comics #1, without having to ask permission from DC Comics or Warner Bros., or to pay them royalties.
Superman is not the only one concerned, since he will be followed by Batman in 2035, the Joker in 2036 and Wonder Woman in 2037. The end of an exclusivity of almost a century for Warner Bros, which built a good part of its empire on these iconic figures.
Superman is free... under conditions
The arrival of Superman in the public domain does not mean, however, that all of his incarnations will be immediately free of rights. Only the original version of 1938 will be affected. At that time, Superman did not yet fly, he simply jumped over buildings. Kryptonite wasn't introduced until 1943, while other major elements of his universe, like Lex Luthor or the Daily Planet, appeared much later.
Thus, independent creators will be able to exploit the original Superman, but will have to wait for each subsequent innovation to fall into the public domain. We can still expect to see dozens of Man of Steel spin-offs. When Mickey Mouse fell into the public domain last year, horror films and video games featuring the iconic mouse were announced immediately after the lifting of legal restrictions. We should expect a similar phenomenon for Superman, who is on the verge of becoming a collective myth of pop culture, like Dracula or Frankenstein before him.
DC and Warner's well-honed strategy
Faced with this deadline, DC and Warner Bros. did not wait to deploy the heavy artillery. For over twenty years, companies have been gradually adapting the hero's characteristics. The goal is not only to make Superman evolve with the times, but rather to ensure that the current image of the Kryptonian – his costumes, his powers, his universe – remains the reference version in the public's mind, while remaining protected by copyright.
At the same time, Warner Bros. has trademarked many distinctive elements, such as the Superman S logo or the nickname Man of Steel, in order to limit the commercial use of modern versions by third parties. At the helm of the DC Universe, James Gunn and Peter Safran are banking on an ambitious reboot and the introduction of lesser-known figures to maintain interest and control over the universe. A strategic shift should allow Warner Bros. to continue capitalizing on its heroes, even in a context of increased competition and unofficial productions. However, it will have to act quickly: DC only has ten years left to establish its expanded universe.
0 Comments