I'm not an expert on american copyright law at all, but personally I wouldn't touch these ips's. I can only imagine the nightmare of litigation it will bring. Being the "first" on any kind of legal gray area is usually just an enormous waste of time and money. But the decision by this artist to put his work on the public domain, while still under contract with a 3rd party, may create some interesting developments in the future. I just think waiting and seeing is the smarter option.
> Being the "first" on any kind of legal gray area is usually just an enormous waste of time and money.
You quoted "first" correctly: this is not. The concept of placing something in the public domain, is well established. So are its implications.
If a 3rd party goes out to make a movie or something, what's DC Comics going to do? Assert IP rights they don't own, and never have? Prevent someone from using IP that's in the public domain? Sue for breaching a contract that 3rd party doesn't have with them? Good luck with that, and... Streisand.
For a creator this is kind of a nuclear option. But warranted in this case. Well played, mr. Willingham!
Jeff Ryan wrote: I'd love it if in the future this move was commonplace, and known as "The Willingham."
It is safe to say that a major portion of the world population doesn't have any plan to ever travel to the US.
What cannot be controlled however, is the reach of the USA over other countries, extraditions treaties, corruption, exfiltrations, sequestrations and murders.
Also, a lot of copyright law around the world is very close to American copyright law, so what happens outside of the US is anyone's guess. For example, AFAIK, a lot of Soviet cartoons are in a copyright limbo of Russia because they infringe on Disney's (and others') IP [2]
Ah, i get the effect idea/system. Way cheaper for a huge company/conglomerate to uphold all of the laws on the planet so they can operate and earn money everywhere.
Willingham explains his actions a bit more in this post:
I think if people have courage then they will stand up for Willingham and publish their own Fables content.
Easier said than done but if some artists can manage it, the theory is that DC can't sue thousands and thousands of people.
That's what would really make this effective in some way regardless of legal outcomes. For the culture in general to de facto start ignoring DC's claims.
