Navigating Public Domain Comic Book Characters: The Case of Ghost Rider and Phantom Rider

Public domain comic book characters have always been a fascinating subject for creators and fans alike. These characters, once copyrighted, are now available for anyone to use, adapt, and re-interpret. However, the intricacies of copyright and public domain can make this process quite complex, especially when dealing with characters that have been extensively copyrighted by well-known entities such as Marvel. In this article, we explore the legal and creative aspects of using a public domain character, using the original Ghost Rider and Phantom Rider as a primary example.

Understanding Public Domain Characters

Public domain characters are those whose copyrights have expired or who have never been copyrighted. The main advantage of using public domain characters is the freedom to use them without legal restrictions. However, the process of determining which characters are truly in the public domain can be complex due to varying copyright laws in different jurisdictions and the likelihood of copyright holders extending their rights.

The Case of Ghost Rider and Phantom Rider

Marvel Entertainment holds the copyrights for both Ghost Rider and Phantom Rider. Although there are similarities between the two, particularly regarding the codename and motif, this does not automatically make the original Ghost Rider a public domain character. In fact, the original Ghost Rider was created by George Pratt and Jackie Bradbury and appeared in Western Comics in 1950. If the character were to fall into the public domain, it would likely have been around the 1970s, yet Marvel continued to own its copyright.

Phantom Rider: A Conversation about Copyright and Name

The character of Ghost Rider, under the Marvel Comics imprint, is co-owned by characters, including a recent adaptation named Carter Slade, also known as Phantom Rider. This raises the question of whether Carter Slade, a character now within the Marvel universe, can be considered a public domain character. The name and motif of the original Ghost Rider and Phantom Rider are nearly identical, which complicates the issue of public domain.

However, the original Ghost Rider character, as created by Magazine Enterprises, prior to Marvel's acquisition, would have fallen into the public domain if the creators had not renewed the copyright. The name and motif have been copied and re-used by Marvel, making it difficult to claim the original Ghost Rider as a public domain character. Even if the original Ghost Rider were to fall into the public domain due to copyright lapsing, it would not be possible to use the name Phantom Rider or Carter Slade without risking legal disputes.

Using Public Domain Names and Motifs

While it would be challenging to successfully use the exact name and motif of Ghost Rider, especially given Marvel's ownership, it is still possible to use names and motifs that are derived from public domain characters but bear little to no resemblance to their original incarnations. For example, using a character name like "Rex Fury" could be a viable option, but it would require significant creative differences to ensure it does not infringe on existing copyrights.

Using such names effectively means creating a new, original character with a unique backstory and motif, rather than simply copying elements from a copyrighted character. This approach is more aligned with the spirit of the public domain, where creators are encouraged to build upon and reinterpret existing ideas.

Legal Considerations and Creative Freedom

When working with public domain characters, it is crucial to understand the legal implications. One must ensure that the character being created is not so similar to a copyrighted character that it would likely be considered an infringement. This often involves creating a new narrative, with unique interactions and elements, even if the character retains a similar name.

Additionally, working within the public domain offers a wealth of creative possibilities, as it allows for a wide range of interpretations and adaptations without the restrictions of existing copyrights. This can make the creative process more enjoyable and less legally fraught, provided appropriate measures are taken to protect the originality and uniqueness of the character.

For creators looking to use public domain characters, thorough research and a deep understanding of copyright law are essential. Consulting with legal experts can provide valuable guidance in navigating this complex landscape, ensuring that any use of a public domain character is both legally sound and creatively fulfilling.

Conclusion

The case of Ghost Rider and Phantom Rider highlights the complexities of working within the public domain, especially when dealing with extensively copyrighted characters. While it may appear challenging due to existing copyrights, it is still possible to use names and motifs from public domain characters by creating significant differences. This approach not only aligns with the spirit of public domain creativity but also ensures the legal protection of one's original work.

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