Who owns Superman?
by Matthew Rimmer
An Australian copyright case shows
how deeply imbedded in our culture the Man of Steel has become.
Fan fiction, remix culture, and cosplay
There has been a concern that the excessive protection of intellectual property rights of superheroes could have an adverse impact upon creativity, remix culture, and fan fiction. In his novel, The Amazing Adventures of Kavalier and Clay, Michael Chabon charts the birth of superhero comics in the United States, and explores the mythologies of superheroes.
Intellectual property and superheroes is complicated. Superman has spawned a host of imitations and emulations in comic books, graphic novels, and films – everything from Dr Manhattan in The Watchmen to Mr Incredible in Pixar’s The Incredibles. Over-protection of Superman under intellectual property could repress and suppress such creativity and innovation.
Superman has also been the subject of endless appropriation, reappropriation, and remixing in popular culture — see R.E.M.’s song, I Am Superman. The iconography of Superman has been the subject of mash-ups in fan fiction, art, music, fashion, and film.
There has been a concern about the impact of intellectual property rights holders seeking to censor critical work. Famously, the Argentine-Chilean writer Ariel Dorfman complained about Disney relying upon copyright law to try to censor his work, How to Read Donald Duck: Imperialist Ideology in the Disney Comic.
In the United States, the Organization of Transformative Works has been formed to help support and defend fan fiction from over-reaching intellectual property claims. The group “believes that fanworks are creative and transformative, core fair uses, and will therefore be proactive in protecting and defending fanworks from commercial exploitation and legal challenge”.
Under such a view, the Man of Steel is not merely a commercial franchise — Superman belongs to us all. Even the Justice League should embrace justice in intellectual property law.
Readmore: www.mercatornet.com
There has been a concern that the excessive protection of intellectual property rights of superheroes could have an adverse impact upon creativity, remix culture, and fan fiction. In his novel, The Amazing Adventures of Kavalier and Clay, Michael Chabon charts the birth of superhero comics in the United States, and explores the mythologies of superheroes.
Intellectual property and superheroes is complicated. Superman has spawned a host of imitations and emulations in comic books, graphic novels, and films – everything from Dr Manhattan in The Watchmen to Mr Incredible in Pixar’s The Incredibles. Over-protection of Superman under intellectual property could repress and suppress such creativity and innovation.
Superman has also been the subject of endless appropriation, reappropriation, and remixing in popular culture — see R.E.M.’s song, I Am Superman. The iconography of Superman has been the subject of mash-ups in fan fiction, art, music, fashion, and film.
There has been a concern about the impact of intellectual property rights holders seeking to censor critical work. Famously, the Argentine-Chilean writer Ariel Dorfman complained about Disney relying upon copyright law to try to censor his work, How to Read Donald Duck: Imperialist Ideology in the Disney Comic.
In the United States, the Organization of Transformative Works has been formed to help support and defend fan fiction from over-reaching intellectual property claims. The group “believes that fanworks are creative and transformative, core fair uses, and will therefore be proactive in protecting and defending fanworks from commercial exploitation and legal challenge”.
Under such a view, the Man of Steel is not merely a commercial franchise — Superman belongs to us all. Even the Justice League should embrace justice in intellectual property law.
Readmore: www.mercatornet.com
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