Talk:Captain Marvel (Fawcett)

"Marvel Comics owns the trademark for the name Captain Marvel. DC comics owns trademarks for the names Shazam and Billy Batson. In order to use Captain Marvel's name it must be used in the interior of the story, the same way DC does to avoid Marvel's trademark on the name.

Only the golden age Captain Marvel (as depicted in the comics that fell into public domain) is public domain. Non-public domain Golden Age appearances are under copyright of DC Comics, which owns the version of the character based on those comics and all subsequent versions published under DC comics banner

So if I - only using the golden age public domain material, and nothing that DC later contributed to the mythos - created a captain marvel story - while not having his name on the cover nor that of billy batson or shazam - would I be free of DC's legal fire?

Perhaps even free to redesign his costume?

Frevoli - March 6 2012 - 17:54

Technically, yes, you would legally be in the clear as far as I know (but I'm not a lawyer). It is definitely okay to redesign the costume...that would actually draw less attention, as you would be distinguishing your version from DC's...but personally, if I was going to use him, I'd go with the established costume that everyone loves.

I say you are technically in the clear, because DC might still try to intimidate you, even though they really don't have a case. They basically did that when AC used Phantom Lady, although I think that was a trademark issue (AC still uses Phantom Lady, but with a different name and a different costume...not sure what the point is). If you just use the character for a cameo or something, I doubt DC is going to go through the trouble, but if you're selling a new Captain Marvel book, they would probably be upset. The scary thing is that copyright law is complicatd, and I think there are a lot of judges in this world who don't really get it....the kind that rule based on their personal opinion rather than the actual law...which means there could be lengthy appeals, and if DC was serious about it, they could wear you out through attrition. Not that they really have grounds for the case. If you're lucky, you get a judge who does get it, and you get a quick and favorable decision. But it's going to take someone with a lot of confidence to stand up to DC, if they pick a fight.

Using the Shazam lightning itself as an attack
Did he ever do this in the fawcett publications, or was it a dc idea?

Minor typo
Can some please change: All Billy had to do to use these powers was to say the wizards name "Shazam!" to All Billy had to do to use these powers was to say the wizard's name "Shazam!"

by adding the comma, to make wizard possesive.

CodeAndReload (talk) 04:10, February 12, 2013 (UTC)