A relative has asked me to make them a Superman ring. The first
question I have pertains to copyright, is it legal for me to do so?
Could I make more than one of these and sell them, is this a symbol
that is in public domain. Is it possible to get a wax blank of a
superman ring anywhere, or would I have to carve the wax myself, or
alternately fabricate it. Does anyone have any recommendations as to
what might give me the red and blue colors I am after? I have
considered some type of stone inlay, enamel, or epoxy resin
(something like colores). This is a challenging project for me so I
would appreciate any and all feedback with any suggestions. I want
to do a good job since it is for my husband’s sister (a gift to her
boyfriend) and this is outside the scope of the work I normally make.
Thanks.
I suspect that if the comic is still being printed, that the logo is
still copyrighted by the publisher or someone along the line. Doing
one of them might be edging over the line, doing a bunch would be
well past it.
I don’t know for sure either way, that’s just personal opinion.
You probably want to talk to someone who knows more about any legal
problems this could cause before you invest in any kind of big
production. I would think that if you used the same symbol
"Superman" is associated with it would be both copyright and
trademark infringment if you sold these for profit.
Rather than go with a wax and then cast, may I suggest using a basic
signant ring as a base (Hollow or solid - Any shape top)and add a
high relief plate to the top. Once soldered on it will apear as if
the top was carved like a pantograph machine does school rings. You
can then enamel in between with the colors.
I’ve attached a superman logo picture so you can see what I am
describing. If you take a plate of gold (or silver) approx. 40,000"
thick and cut it out keeping the black parts intact as frames you
could then solder them to the top of the signant ring. This will
have a clean look. Then enamel the different colors in the empty
areas.
Start with the outside shape & cut that to match of the top of the
ring you chose to use. Then draw the logo on the metal including the
outside frame surrounding it. This way you’ll see how it will all
fit. I’d make the outside frame a little wider for a tougher ring.
(protection from wear and tear knocks) Then drill where needed, saw
out the inside patterns. Finally, solder all the parts to the top of
the ring. Take care that the peices don’t “float” around when you
solder them. (very little solder needed on the inside parts) The
outside frame must be well soldered so you can trim up the outside
and not see a seam. The ring should look like one solid piece when
done.
As a final touch before you enamel (or use cold “ceramit” works
nicely too) polish the top surfaces on a lap if you have one for a
crisp flat top. If you don’t have a lap just be careful to not round
off the edges too much when you polish.
The hardest part of this job for me is drawing the logo. Take your
time with the saw and it will look great.
Attachment Superman emblem.jpg removed
I hope this will help you.
Good luck & have fun with it,
Mark
Ok no Superman is not in public domain and is still rigidly owned by
D.C. Comics. If you wish to sell this ring you will have to contact
D.C. Comics and obtain a liscense to do so.
Not a bad idea with the retro craze baby boomers like myself.
A relative has asked me to make them a Superman ring. The
first question I have pertains to copyright, is it legal for me to
do so?
Essentially no, it is not legal under either trademark or copyright
law UNLESS you get written permission from the owners of those
rights—which you can do. My guess is you can dig up the info and
for a mere 7 or 8% of the retail value of the piece(s) buy the right
to make 1 or more copies with Superman. Particularly for trademark
rights they may also have to approve your final product before you
can sell or give it away too.
Could I make more than one of these and sell them, is this a
symbol that is in public domain.
What research have you done to prove the symbol is in the public
domain? None whatsoever I suspect. The courts will look pretty dimly
at your wishful thinking. Searching the USPTO Trademark database (at www.uspto.gov) turned up 63 trademarks (both live and dead) for
“superman.” There likely are others for his symbol so do your
homework.
I’d like to point out a common misconception contained in one of the
posts on this subject: (quote) it would be both copyright and
trademark infringment (sic) if you sold these for profit (end
quote). Making something with the Superman symbol is copyright
infringement whether the item is sold or given away.
I'd like to point out a common misconception contained in one of
the posts on this subject: (quote) it would be both copyright and
trademark infringment (sic) if you sold these for profit (end
quote). Making something with the Superman symbol is copyright
infringement whether the item is sold or given away.
That’s not necessarily true. Copyright, trademark, and patent law
are very complex areas of law and there are a lot of different
factors that play into each individual situation. I was a
patent/trademark paralegal for many years and every case had it’s
different factors and circumstances. Regarding copyright fair-use, as
I was thinking of when I posted the above response, see Not All Copyright Infringement Results in Liability for an
example of determining fair-use.
You might have been able to get away with making one, but since you
announced it to the whole jewelry wholsale world and Federal Trade
Commission world it probably would be a good idea to respect the
original creator of the image or atleast contact Marvel Comin Inc.
and ask for their permission first. They will release that image for
a fee of about $150,000 and then want 10% of the gross. Might want to
let this one go.