Legal Question in Intellectual Property in Florida
I am writing some stories using public domain characters,mainly from the comics of the 40s and 50s. How can I find out if a character is truly public domain or not?
1 Answer from Attorneys
As a Franchise Attorney I can say there is no easy way to determine this. The characters from the comics may (and probably are) protected by both copyright and trademark law. For copyrights in the 40's and 50's the initial copyrighted term of protection was 28 years from the date of publication. If the copyright was renewed during the 28th year, the copyright was extended for an additional 67-year period. Trademark law has different protection terms, and can be renewed indefinitely. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
claim intellectual property rights (copyright and trademark)
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