Can you mention superheroes in a book?

Obviously, you’re not allowed to use trademarked characters like Superman or Batman in your published works. If I wrote a novel about Superman fighting Lex Luthor, I could get sued.

Can you copyright superheroes?

A: Comic characters/superheroes can contain both copyrights and trademarks. You need a license for the copyrights associated with the actual images/drawings of the characters. You need a license for the trademarks associated with the Marvel/DC branding logos as well as some of the character logos.

Is spider sense trademarked?

SPIDER SENSE SPIDER-MAN Trademark – Registration Number 3926055 – Serial Number 77561237 :: Justia Trademarks.

Is the name Superman trademarked?

Names cannot be copyrighted. Superman is certainly trademarked. Changing to lower case will not benefit you.

Are superheroes trademarked?

Trademark status Most dictionary definitions and common usages of the term are generic and not limited to the characters of any particular company or companies. Nevertheless, variations on the term “Super Hero” or “Superhero” are jointly claimed by DC Comics and Marvel Comics as trademarks.

What is a Spidey sense?

Spider-Man. Spidey-Sense is Peter Parker’s ability to sense and react to danger before it happens. Spidey-Senses may even be responsible for the quick reflexes necessary for safely Web-Slinging through Manhattan at death defying speeds and heights.

Are superhero names copyrighted?

Superhero names are not copyrighted. Superhero names are trademarked. Using a trademarked name absolutely will get you sued, and you will not win. The laws concerning trademark are much more stringent than copyright. If it is absolutely necessary to the script that you use these names in a referential manner…

Are characters protected by copyright law?

For characters, the character only becomes protected under copyright law once it becomes a unique expression, i.e. drawing your own rendition of something or adding certain attributes.

Can You copyright a comic book title?

Likewise, titles may not be copyrighted at least at the federal level. The use of the attributes of a character may be protected by copyright and become fair game once the copyright expires. However, you can only use the material that was released into the public domain.

Can marvel and DC use the same phrase in the same book?

However, it is possible to use the same phrase inside a book providing it clearly references a character and does not imply it is a work by Marvel. We actually saw this in real-life. DC has the rights to the non-Public Domain works related to Captain Marvel (the original version).