M F Enterprises Captain Marvel

Can anyone please tell me if this version of Captain Marvel is PD?

I think using the Fawcett version is not worth the bother as Dc would likely defend their use of it so I was wondering about updating and using this version

Thanks

A quick study of the six issues he appears in don't seem to show any copyright notations on the front covers, from what I can tell. I'm pretty sure if there's no copyright notification on the cover then it becomes public domain, but I'd like some larger images to be able to have a closer look to confirm it. If he is public domain then it's a pretty cool discovery, I'd say. He's a neat hero to use and possibly reinvent.

Hmmm...maybe just call him "The Marvel" or something?

I have an idea of how to bring him more up to date. "The Marvel" sounds ok to me. Thanks guys

Vagrant wrote:

I'm pretty sure if there's no copyright notification on the cover then it becomes public domain

For material published prior to 1989, the Copyright Notice had to be positioned so that the "average reader" would see it. There are several places a Copyright Notice could have appeared, with the front cover being only one of them. Most Copyrights for comic books were listed in the indicia, which itself was usually located on the inside front cover or on the first page of the comic. The Copyright Notice hardly ever appeared on the cover of a comic.

Since 1989, the Copyright Notice has become optional and is not required for a work to be protected.

Back on topic, I did a quick check online and it doesn't appear that the Copyrights for the "Captain Marvel" series from MF Enterprises were renewed.

From the 1909 Copyright Law"

§ 20. Same; place of application of-, one notice in each volume or number of newspaper or periodical

The notice of copyright shall be applied, in the case of a book or other printed publication, upon its title page or the page immediately following, or if a periodical either upon the title page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title page or the first page of music, or if a sound recording on the surface of reproductions thereof or on the label or container in such manner and location as to give reasonable notice of the claim of copyright. One notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice. July 30, 1947, c. 391, 61 Stat. 658; Oct. 15, 1971, Pub.L. 92-140, § 1(d), 85 Stat. 391.


the MF Captain Marvel is public domain if there is improper copyright on the book

I think from now on I'm just going to stick to Open Source characters - much easier to use!

I'm actually a little more nervous about open source characters than PD characters. The law is pretty solidly behind you with PD characters...I fear that creators of OS characters will change their mind on you.

I agree that anything PD after 1963, or foreign created, seems a bit sticky to use. It requires careful research. The Nedor characters are also a little suspect, though I have a strong feeling that there is no documentation of the rights being transferred and that's the real reason no one bothered Dynamite.

If you're squeemish, you probably want to avoid the major Fawcett, MLJ and Quality characters, especially Cap Marvel, Blackhawk, Shield, Comet and Plastic Man. There's a good chace you'd attract DC's attention and maybe even get a scary cease and desist....but the law is on your side.

Even avoiding all those characters, there are still hundreds more, and some have tremendous potential.