IT’S A BIRD, IT’S A PLANE, IT’S FLOSSI

The copyright status of Superman outside the United States is a complex issue due to differing international copyright laws and the Berne Convention, which regulates intellectual property protections across multiple countries. Here are the key issues:
Copyright Expiration in Different Countries

Superman was created in 1938 by Jerry Siegel and Joe Shuster, first appearing in Action Comics #1.

Under U.S. copyright law, Superman is still under copyright protection due to extensions provided by the Copyright Term Extension Act (CTEA) (also known as the Sonny Bono Act).

However, copyright duration is shorter in some countries, meaning Superman could enter the public domain sooner outside the U.S.

Countries Where Copyright May Expire Sooner:

In many nations following “Life + 50 years” copyright laws (such as Canada, New Zealand, and some African nations), works enter the public domain 50 years after the author’s death.

Joe Shuster (co-creator of Superman) died in 1992, and Jerry Siegel died in 1996.

Superman could become public domain in Canada, which follows Life + 50 years in 2043.

In Mexico and most of the European Union, which follow Life + 70 years, Superman could become public domain in 2066.

Differences in U.S. and International Copyright Law

The U.S. has specific laws extending copyrights for corporate-owned characters, such as Mickey Mouse and Superman.

The Berne Convention (an international copyright agreement) ensures that works are protected based on each country’s local copyright term.

In some countries, the earliest Superman stories may enter the public domain sooner than in the U.S., but newer adaptations and trademarks remain protected.

Trademarks vs. Copyright

Even if Superman comics enter the public domain, Warner Bros./DC Comics still own the trademark to the Superman name, logo, and distinctive visual appearance.

Even if a country no longer protects early Superman stories, new works using the Superman brand could still violate trademarks.

Disney has used similar trademark strategies with Mickey Mouse to prevent public use of the character despite copyright expirations.

4. The Public Domain Debate

• Legal scholars and public domain advocates argue that corporate copyright extensions unfairly keep iconic characters under control for longer than originally intended.

• Some nations may not enforce DC’s copyright extensions if they believe Superman should already be in the public domain under their local laws.

• This debate could result in legal battles in different jurisdictions over whether Superman’s early works can be freely used.