“Just Pay Ditko!” Part Ten : Copyright Answers, And More Questions

Posted: August 23, 2013 in comics
Tags: , , , , ,

heroespack

Those who haven’t followed Steve Ditko’s work published by Robin Snyder over the course of the past quarter-century may find some of the titles of the books curious — Public Service Package? Seriously? What’s that all about?

All I can say is, if you read the stuff, the titles do make a kind of sense. And I’d like to thank those who have been chiming in over on Rob Imes’ “Ditkomania” facebook page for the “public service” they have provided me in terms of giving me  some answers to the numerous (okay, unending) questions I’ve been asking in this series. For instance —-

Greg Theakston, who has published a fair amount of public domain reprints under his Pure Imagination label over the years, was generous enough to inform me that the reason behind the apparent 1960 “demarcation year” when it comes to reprinting Charlton comics is because, amazingly enough,  the “brains” at Charlton were either too cheap, too lazy, or too much of both, to actually file registrations with the copyright office up until the very tail end of 1959! This only sounds crazy if you don’t know that publisher’s history, I guess. After that, though, things get murkier. Apparently,  in the ’60s Charlton actually did their proper copyright filing, but the wording they used varied from publication to publication, sometimes even from issue to issue with regards to a particular publication, and the legal weight said wording holds today is the determining factor (or at least one of the determining factors) when it comes to whether or not material from that period can be reprinted. Theakston has done what all publishers should do and actually hired somebody to research the state of various copyrights before going ahead and determining what he is and isn’t able to reprint, and while I haven’t heard from anyone connected with Fantagraphics Books or Yoe Books, the two main purveyors of Ditko reprint material at the moment in addition to Marvel and DC, in regards to whether or not they also do the sort of legwork Theakston does, my best guess is that they probably must, otherwise they wouldn’t be going to press with this stuff.

So, there’s one question answered.

But it gets even more muddled just a few years down the line — according to J. David Spurlock, who’s busy co-ordinating the publication of a comprehensive collection of Wally Wood’s legendary witzend publication along with the aforementioned Fantagraphics (a project we’ll be discussing more in the very near future in this series because it’s the kind of ethically sound venture that all of us, no matter where we stand on the various individual matters we’ve been discussing here up to this point, will be able to enthusiastically support — so stay tuned for more details!), the actual cut-off point for Charlton stuff to be reprinted without any sort of fear of legal reprisal is more like 1963-64, not 1960, although why that would be I honestly I have no idea, apart from the fact that it has to do with an extension granted on behalf of reprint material about — I shit you not — Sonny Bono. Still,  regardless of what the guy who gave us “I Got You, Babe” has to do with anything, it’s something that, again, I’m pretty confident most —hopefully all —  publishers are taking into consideration before “green-lighting” various Charlton reprint projects from this period.

Also worth noting here is the fact that of the rights to former Charlton properties that DC didn’t secure, the lion’s share were scooped up by Canadian publisher ACG, particularly in regards to much of the horror and western material, and the rights to some of it did, in fact, end up with Steve Ditko and Robin Snyder, which probably explains why the Charlton material they’ve presented in various reprint packages over the years has always run with copyright notices attached (although why much of that stuff has appeared elsewhere without proper copyright info included remains, at least to this point, a mystery to me). It may also be worth pointing out  that it was none other than Snyder himself who arranged at least most (if not all) of the sales of Charlton’s copyrighted properties, so his meticulous attention to detail in terms of including notices in the reprints he put out under his own name is certainly understandable.

The next bit of info that Mr. Spurlock shared is indeed fascinating — he explained that while it may or may not be the case that various Charlton copyrights have lapsed DOMESTICALLY, the fact remains that they’re still in force INTERNATIONALLY, which is why some publishers have shied away from this work altogether. Think about it — if a single copy of a Charlton reprint book that features characters or stories that ACG holds the international rights to sells outside of the US, the publisher of said material would be opening themselves up to a potential lawsuit from ACG. Such a lawsuit may not be worth their time or effort, though, which leads to the final point Spurlock made, namely —

Some publishers simply put this stuff out THINKING that they will PROBABLY get away with it, even though the copyrights on much of the material they’re publishing are still very much a going concern. I didn’t ask which particular publishers are engaged in this kind of chicanery, since singling out any particular entity as being involved in something illegal has never been my intention here, but if this is correct, all I can say to any publishers who might be doing it is — shame on you. In fact, double-shame on you, because you’re not only screwing over the legitimate rights-holders of the work you’re putting out, you’re screwing over Steve Ditko and other Charlton writers and artists whose work you are claiming to be in the public domain when it isn’t. That kind of reckless behavior, if it is indeed occurring (and I sincerely hope it’s not) only strengthens the hand of Disney,  Time Warner, and other monolithic, soulless corporate entities who are working night and day to get PD shut down across the board. If we don’t want to lose the entire concept of public domain altogether — and it would be an absolute tragedy if that happened — then we need to proceed cautiously. We need to dot all our “i’s and cross all our “t”s like Greg Theakston is doing. PD is hanging by a very slender legal thread these days, and if we abuse it, we’re could wind up losing it. This ain’t the wild west, folks. Or at least it shouldn’t be.

Comments
  1. Dude, where are you? John and I are looking for you on Twitter, hun. x

    • trashfilmguru (Ryan C.) says:

      Oops, sorry! For some reason my twitter account got suspended, turns out they “suspended your account in error, our apologies,” so never fear, I’m back on there now!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s