Is the era of the superhero movie over? After the MCU‘s rough year last year a string of poor showings to end the DCEU‘s run, it’s up for debate. But the worst may be yet to come for the genre next decade, even if James Gunn and Peter Safran‘s DCU franchise reboots goes well. That’s because, via Variety, Superman, Batman, and other DC Comics characters will enter the public domain between 2034-2037. That means anyone may write comics, make movies, and use the likeness of those superheroes after their current copyrights expire. And with a glut of unauthorized projects on the market, why would audiences bother with whatever Warner Bros. is doing with those characters?
READ MORE: James Gunn Calls Needless Cameos “One Of The Worst Elements Of Recent Superhero Films”
Here’s the list of DC characters that will enter the public domain next decade: Superman and Lois Lane in 2034, Batman in 2035, The Joker in 2036, and Wonder Woman in 2037. But it’s a little more complicated than artists and studios being able to use the most up-to-date version of each character immediately. Instead, it’s the original version of each that will enter the public domain, without certain traits or insignias. For example, the Superman that enters the public domain in 2034 will only be able to leap, not fly, and neither Superman nor the Batman available in 2035 will have their respective chest symbols available for artists to use.
That will lead to a lot of possible variety from artists and creators as various traits and additions/revisions hit the public domain one by one. Comic writer Chris Sims broke down what may happen when each character becomes available. “There’s going to be 100 of them,” Sims said of potential new Batman stories. “They’re going to have them ready to go.” Movie producers and comic book authors will also be able to make their own versions of each character, much as they do now with Robin Hood, Dracula, and others. But the traits under copyright will cause tons of variation with each iteration. “You get Batman, but you don’t get Robin,” Sims continued, “You get Superman, but you don’t get kryptonite.” Morse lawyer Amanda Schreyer added, “Those characteristics are going to fall into the public domain one by one.”
But DC is ready for the expiring copyrights, and has a multipronged approach to keep their takes on the characters relevant in the public eye by focusing on its most current iteration. DC deputy general counsel Jay Kogan stated as much over two decades ago in a 2001 article. “By gradually changing the literary and visual characteristics of a character over time, a character owner can keep whatever the then-current image of the character is as the de facto standard in the public consciousness,” said Kogan. In a phrase, that means “Keep ’em fresh and up-to-date.”
Kogan also stressed that using the latest versions of the character also conditions consumers to see new variations of each hero as not the genuine article. “The public should be conditioned to view any works from unrelated parties featuring a trademark owner’s characters as second-rate knockoffs,” Kogan continued. Also, DC trademarking terms like “Man Of Steel” and “Caped Crusader” and the logos like Superman’s “S” and the Batman symbol will help the company’s brand stand out against upcoming variations. “The bat symbol is a very strong mark,” said Schreyer. “That is going to limit what subsequent creators can do.” Those markers will help DC distinguish their versions of each character from others as the “real” one, even if that’s not the case technically. “The public’s perception is the contemporary Superman. It’s distinctive,” said IP lawyer Steven Beer. “That gives [DC] a lot of protection.”
Trademarks may help the DC brand next decade after copyrights expire, but it won’t keep the knockoffs from happening. “That only prevents uses that are likely to cause consumer confusion about source or sponsorship,” said Jennifer Jenkins, director of Duke’s Center For The Study Of The Public Domain. That means non-DC artists/studios may not be able to called Batman “the caped crusader,” but they’ll still be able to call him Batman. “You could still create a Superman horror movie or Batman horror movie,” says Jonathan Steinsapir, an IP attorney at KHIKS. “You just need to be careful about how you advertise it and how you use images of Superman in a branding sense.” Look at the recent Mickey Mouse and Winnie The Pooh horror projects that happened after those characters entered the public domain as examples. They may not be the same characters the public knows and loves, but they’re similar enough for consumers to recognize the likeness.
In that case, the mid-2030s may be inundated by lots of superhero content that’s not exactly “on-brand.” Comics writer Mark Waid chimed in on the possibilites. “People will make a run at these characters because there’s money to be made,” he said. “Or how about Superman versus Godzilla. It’s a gray area. But this town works on the speed of capitalism, right? That’s how we work.” Sims also thinks more superhero comics will be good for the industry. “It’s gonna come down to execution,” he added. “There’s one company that’s used to doing it.” As for how DC Studios will handle this? At a 2023 press event, studio co-head Gunn said his “Superman: Legacy” will feature characters from the 1999 comics series “The Authority” partially because of the imminent copyright expirations. So while DC and Warner Bros. won’t be able to keep other people from making their respective versions of Superman, their use of recent storylines still protect will keep their take on them feeling the most definitive.
Or maybe the superhero movie craze will have died out by the time these copyrights expire. Take this for example: when the Joker enters the public domain in 2036, Christopher Nolan‘s “The Dark Night” will be 28 years old, and Todd Phillips‘ “Joker” 17 years old. Will the Clown Prince of Crime or any other these characters have the same cultural cache come the mid-2030s? Let’s wait and see on that.