Winnie-the-Pooh: Blood and Honey was a weird and shocking twist on a beloved children’s classic. But what if that was just the beginning? In just over a decade, we might see the same thing happen to two of the most iconic superheroes in history: Superman and Batman.
You might not know it, but these classic heroes are on the fast track to becoming part of the public domain. This means that anyone could use these characters for their own stories, movies, and games—even horror films.
What Is the Public Domain and How Does It Work?
It all comes down to copyright law. In the U.S., a work created before 1978 is generally protected by copyright for 95 years. After that, it enters the public domain and is free for anyone to use. Thats how the horror film WInnie The Pooh: Blood and Honey was able to be released.
For Superman and Batman, this means their copyright is on a ticking clock. Superman first appeared in 1938, which means his earliest version will enter the public domain in 2034. Batman first showed up in 1939, so his original version will become fair game in 2035.
But here's the catch: the versions of the heroes you know today won’t be the ones entering the public domain.
The OG Heroes: Not Who You Think They Are
The Superman and Batman you'll be able to use in the 2030s are very different from the ones in the movies and comics today.
The first Superman wasn't the flying Boy Scout we know now. He couldn't fly—he could only "leap tall buildings in a single bound." He was also more of a social crusader, fighting corrupt politicians and greedy landlords. He didn't have a lot of the things we associate with him today, like Kryptonite, his "S" shield, or even his famous archenemy, Lex Luthor.
The original Batman was a much darker character, and not in a cool, brooding way. He was a ruthless detective who wasn't afraid to use a gun and even kill criminals. He worked alone and didn't have Robin, the Batmobile, or the Batcave. And while his famous rogues' gallery would show up a year later, the 1939 version of Batman we'll get is just him, a gun, and a whole lot of vengeance.
This is the exact same reason we got Winnie-the-Pooh: Blood and Honey. The filmmakers were able to use the character from the original book, not the version owned by Disney.
What’s Next for the Dark Knight and the Man of Steel?
The idea of a horror film featuring a gun-wielding, murderous Batman is certainly possible, but it won't be a free-for-all. DC Comics and Warner Bros. will be keeping a close eye on their characters. While copyright protects the work itself, a trademark protects a brand.
This means that while you might be able to use the original 1939 Batman, you won't be able to use the Bat-Signal, the Batmobile, or any of the trademarked phrases or logos that have been added to the character over the years. This is a big reason why a movie like Winnie-the-Pooh: Blood and Honey couldn't use Tigger or have Winnie wear a red shirt.
It will also be a slow process. Every year, more and more stories from the late 1930s and early 1940s will enter the public domain. So, while you can use the original 1939 Batman in 2035, you'll have to wait until 2040 to use his sidekick Robin or his nemesis the Joker.
So, while we're still over a decade away, get ready for a whole new era of superheroes. The world of Superman and Batman won't disappear, but new, legally distinct versions of the characters will soon be available for anyone to create, to adapt, and perhaps, to turn into the next great horror villain. The future is coming, and it's bound to be super. And maybe a little scary.