Playing in Someone Else's Sandbox

For our newest writer roundtable, let's take a look at writing characters created by other people. There are several ways we can do this, from being hired to write a licensed character (like Superman, The Phantom, She-Hulk, etc.), reviving a public domain character (like The Black Bat, Domino Lady, Sherlock Holmes, etc.), or being hired to ghostwrite for someone else's plot and character ideas.

What is the single most valuable lesson you've learned from writing characters created by other people?

Ron Fortier: There are only two approaches to do other peoples’ characters.  The first is complete ignore what went before and re-create them any way you want. Now if these characters are licensed, option two is off the table. At the same time, if you are working the licensor, you are hamstrung by what they will let you do or not do.

You also need to do your homework. If these are popular characters that have been around for a long while, they already have fans out there. The more you research what’s been already done, the more you can stay in tune with the essence of the characters and hopefully maintain them.

Alan J. Porter: Respect the source material and any boundaries that are set -- but it’s also okay to get creative and push those boundaries a bit. You may be surprised what gets approved.

Bobby Nash: I learned about getting to know your characters because if you write an already established character out of character the readers will know. Moreover, they will let you know you got it wrong. I also learned restraint. The difference between writing Zorro as a media tie-in and writing Zorro fan fiction is that there are rules with writing licensed characters. You can’t just write whatever idea pops into your head. You can’t marry them off or kill them, unless you put it back to how you found it at the end of your story. As you once told me, Sean, and this is a piece of advice I never forget, “Don’t blow up Cleveland. We might need it later.”

I often use Star Trek TOS as an example of how to write established IPs or licensed tie-ins. Almost every episode starts with the Enterprise flying through space. Everyone is happy. Then, some bad stuff happens that they have to deal with, but the story ends with the Enterprise flying through space. Everyone is happy. Unless you’re instructed otherwise by the publisher or license owner, that’s writing other people’s characters.

Brian K Morris: I love working with other IPs. I feel flattered when someone trusts me to work with their brainchildren.

My greatest lesson in writing other creations is, as one of my comic artist friends says, I need to leave the woodpile higher than when I found it. I not only don't have the right to alter a character drastically to suit my whims, I should leave behind some characters for other writers, including the creator, to utilize later.

Sean Taylor: Probably the most valuable lesson I learned from writing other folk's IPs, especially for pay, is that the owner if putting a great deal of trust in you to treat the fans and the characters fairly. Now, "fairly" doesn't mean what a lot of rabid fans on the Internet today think it means, mainly not changing anything and keeping details true to the version of the characters they best remember. Instead, treating characters and fans fairly, at least to me, means putting the characters in a good story that doesn't reflect only your take as a writer. Honor as much as you can what has gone before but never be locked into the past history of the character. The IP owner trusts me to tell a story that offers some kind of new approach that still honors the old and takes the character into new ground for a new readership.

What are the pitfalls you've experienced in writing other people's creations?

Brian K Morris: I don't see it as a pitfall so much as a challenge, and that's to find the voice of the character as the creator made it. This means when I research a character's history, I also study their vocal patterns, their psychology, and their quirks. Abraham Snow's tough guy wise cracks won't sound right coming from, say, Captain Steven Hawklin. or Major Marjorie Pettice I will even alter my prose style slightly to emulate the IP owner's. My purpose is to blend in.

Sean Taylor: Oh, god, the pitfalls are numerous. Nowadays, perhaps the biggest one is Internet trolls who want to cancel your work based on a blurb or a mere single illustration taken out of context. The fear of someone being in "control" of a character who feels differently about the character can drive some fans crazy. Now, I'm not blaming fans, because there are writers who bring their chosen story (you know, the one they writer regardless of the character they are charged with) and force-fit it on each gig they get.

Not just that, you have to be really careful when it comes to your research. I'm currently writing the adventures of the Golden Amazon for Moonstone, and that's character has a more convoluted history than Donna Troy (or so it feels sometimes). So, it's crucial that I write the version of the character Moonstone wants me to write. I need to be judicial with the research I do on my own and focus more on the story bible I'm provided by the publisher. 

Alan J. Porter: The people charged with approving the work may not know the property as well as you do, and sometimes you just have to accept that and pivot a story idea.

Ron Fortier: No matter how good your intentions are, there will always be old-time fans who hate what you are doing to what they believe to be “their” characters. People get passionate about classic characters and only ever done one way all the time. With them, you can never win and better to invent your own creations.

Bobby Nash: There are simply going to be stories you are not allowed to tell, for one reason or another. You don’t own these characters. You are being allowed to play with someone else’s toys so don’t break them. Most of the time, writing company-owned or licensed characters comes with a huge set of do’s and don’ts. From time to time, I hear people say, “If I was writing (insert your favorite character here), I’d (insert totally off the wall scenario the IP owner won’t let you do in a hundred years).” That’s not the way it works. The IP owner’s job is to protect their characters. Learning to play within those boundaries will work in your favor. I go into tie-in work knowing what kind of stories ‘not’ to pitch.

What are the benefits you've experienced in writing other people's creations?

Bobby Nash: Oh, yes. Certainly. I’ve been fortunate to write a few characters that I grew up loving as a kid. That’s just fun. I got to put words in the mouths of The Green Hornet, The Lone Ranger, Nightveil, Carl Kolchak, James T. Kirk, and more. How cool is that?

From a business perspective, these characters come with a bit of a built-in audience. Writing Kolchak: The Night Stalker put new eyes on my work that might never have heard of me. The hope is that those readers will go and check out some of my other work. We’re always looking for ways to reach new readers so sometimes it happens.

Alan J. Porter: Finding out just how much some characters mean to people, and the impact you can have on their enjoyment and appreciation of those characters.

Sean Taylor: There's a built-in, ready-made audience. That's the biggest benefit. New eyes on your work who may not have seen your previous stories. Plus, there's also the joy of finally being asked to contribute to the ongoing story of characters you love. 

For me, there's also one other fascinating benefit -- the possibility of telling that story that maybe no one else has written because it may not (at first glance) fit the character but clearly does by the time the story is over. For example, when I was asked to write Lance Star: Sky Ranger by IP owner Bobby Nash and publisher Airship 27, the first comment I got back when the editor read the story was, "He's not in his plane. Where's the plane? He's a pilot."  My response was, "Sometimes it's interesting to see what a character must challenge himself/herself/themself to do when they are out of their regular element, and sure enough, after a few pages, Lance was back in the sky chasing his villain in his suped-up plane. He just had to figure out how to get there from the Paris Catacombs first. 

Ron Fortier: There’s an inherent learning experience that comes from writing established characters. The restrictions make it possible to challenge your own creativity and challenge yourself to bring something new to the character that doesn’t contradict what’s been done before, or change them. That’s a huge challenge and when met, can expand your own writing skills a great deal.

Brian K Morris: Aside from having fun working on other people's creations, a large benefit comes from showing my work to a different audience. That's why when I was kinda forced to write full-time because I lost my office job, I took advantage of the late, lamented Kindle Worlds program. I was already a fan of the Bloodshot comic book, which KW had the rights to use, so it was an easy decision to write a Bloodshot book to tap into that existing fan base. Many of my Bloodshot fans followed me to other projects, I'm glad to say.

PUBLIC DOMAIN CHARACTERS: A USER'S GUIDE -- YOU CAN TRY... BUT SHOULD YOU?

by Frank Schildiner 

One of the running themes in the discussion of public domain characters are the technicalities about public domain versus trademark. This is a surprisingly hot button issue for some people, so I will try and explain why the argument is, in my opinion and experience, fairly silly.

There are characters whose stories have fallen into the public domain. This has led some to believe that the characters are openly available to free use. Sorry, this stuff, like life itself, is not that simplistic. Let's walk through an example.

One of my favorite heroes is the original Nick Carter. I’m not interested in his secret agent days and have limited enjoyment of his private eye days. No, my enjoyment is from his earliest days, when Nick was a heroic dime novel detective in the late nineteenth century. Over the years I read many of these stories and found the character among the best adventure protagonists of an interesting era.

With this in mind, I can tell you that his original stories are public domain. They fall well into the legal definition. So, does that mean I can write him free and sell my own Nick Carter tales?

Nope, nyet, non, and a big heck no. What the above means is that if I find a copy of one of his early adventures in the original form, not someone else’s reprint, I can reproduce that story exactly. The story is completely available for sale if I reprint it, but that is where my part ends.

You see Nick Carter, in all his forms, is a trademarked character owned completely by Condé Nast. There are elements of the character they specifically own and you may not use them under any circumstances. To do so will result in swift action by said company starting with a cease and desist letter and followed by a threat of a lawsuit.

Trademarks are less powerful bindings as creative rights, but they do exist. They are the power many big corporations like Disney plan on invoking in the future.

Now we come to the title of this essay… You can try, but should you? Many people who read the above will protest that you, as the fiction writer, can fight for the right to use the character. This occurred when people filed lawsuits fighting for the right to use Sherlock Holmes. This court battle was an interesting one that dragged on for several years.

The result was that much of the World’s Greatest Detective was declared public domain and therefore free to use, even regardless of trademark claims. Certain elements were still held by the Conan Doyle estate, but the majority is open to the public. This was a landmark decision, one in which I benefited recently.

However, we return to the question… You can try, but should you? You do have the right to fight for characters whose stories may or may not fall into the public domain, but is it worth your efforts? Remember that in many of these cases, your character’s trademark rights are held by a big company like Condé Nast. These people have the lawyers and resources to fight for their rights as well as the time to drag out their efforts in the courts.

Now, if you are someone whose bank account can afford the time, cost, and efforts that would go into a lawsuit over a character, you can go for it any time. In the case of Sherlock Holmes, the character is one of the most popular and beloved worldwide. The market was already present even if the win wasn’t assured at the start of the fight. While I adore Nick Carter, the fight would cost me and pretty much anyone else more than the character’s worth. 

This now comes full circle. While a trademark is not as strong or as legally powerful as creative rights, the effort in fighting for your chose piece of fiction may be a climb as unobtainable as a proverbial Mt. Everest. While the climb is possible for some, the cost may be more than most bodies can bear.

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Frank Schildiner is a martial arts instructor at Amorosi’s Mixed Martial Arts in New Jersey. He is the writer of the novels, THE QUEST OF FRANKENSTEIN, THE TRIUMPH OF FRANKENSTEIN, NAPOLEON’S VAMPIRE HUNTERS, THE DEVIL PLAGUE OF NAPLES, THE KLAUS PROTOCOL, and IRMA VEP AND THE GREAT BRAIN OF MARS.  Frank is a regular contributor to the fictional series TALES OF THE SHADOWMEN and has been published in FROM BAYOU TO ABYSS: EXAMINING JOHN CONSTANTINE, HELLBLAZER, THE JOY OF JOE, THE NEW ADVENTURES OF THUNDER JIM WADE, SECRET AGENT X Volumes 3, 4, 5, 6, THE LONE RANGER AND TONTO: FRONTIER JUSTICE, and THE AVENGER: THE JUSTICE FILES. He resides in New Jersey with his wife Gail who is his top supporter and two cats who are indifferent on the subject.

NOTE: This article was originally posted at Bibliorati. It is reprinted here by permission. 

PUBLIC DOMAIN CHARACTERS: A USER'S GUIDE -- IF YOU LIKE...

by Frank Schildiner 

One of the issues that writers face is an inability to fulfill the lifelong desire of writing a character they love. Take me, for example; I am one of the last major fans of the occult work of Dennis Wheatley. My chances of writing his seminal hero, the elderly soldier/magus the Duke de Richleau are, as some of my Southern friends like to say, “slim to none and slim already left town”. Sad fact, but absolutely true. I have also reconciled to the fact that I will also never have the luck of writing the Shadow, John Thunstone, Shang Chi, Daredevil, or Kull the Conqueror.

 However, when examining the world of public domain heroes, you can enjoy a piece of your dream by grabbing some of the pastiche and homage characters that appeared over the years. Here are a few you may wish to consider.

If you like…

1. Doc Savage – One of the most imitated heroes in fiction, Doc Savage has influenced comics, films, and many other areas of media. However, he is basically untouchable and shall remain so for the next few lifetimes. Here are three characters, however, written in the pulp period based on the great adventurer that are available to writers:

a. Jim Anthony – half-Native American, half Irish, manly, strong, brilliant, and wealthy. Jim Anthony is a version of Doc that fought evil world-shaking foes (for his first 10 tales) and enjoyed the company of beautiful women. An excellent alternative. 

b. Thunder Jim Wade – Created by horror writing legend Henry Kuttner, Thunder Jim Wade grew up in an advanced civilization in Africa and even owns his own island. His favorite device is the Thunderbug, a combination plane/tank/sub and he battles evil-doers around the world. Also, he owns his own secret island as a base.

c. Captain Hazzard – Blinded as a child in an explosion, Hazzard developed a form of ESP before surgery restored his eyesight. A genius adventurer with a team of aides, Captain Hazzard only appeared one time in pulps and has received a few revivals since that single appearance. A great deal can be done if you read the first rather poorly written novel and take this Doc Savage pastiche your own direction.

2. The Shadow – The Shadow’s influence upon fictional heroes is probably the only one equal or greater to Doc Savage. Even legendary pulp hero Richard Wentworth, the Spider, emerged from this character’s influence. He did spawn several effective pastiches over the years, though most remain under the control of individuals or companies. Therefore, I will simply give you one that should fulfill your dreams:

a. The Black Bat – Tony Quinn, a crusading District Attorney, has acid thrown in his eyes by a gangster. Blinded, he secretly receives sight again from an experimental procedure that also grants him perfect night vision. Pretending his blindness continued, he dresses in a black costume and battles crime as the Black Bat. This one practically writes itself; the only thing lacking are interesting villains. The Black Bat’s enemies were dull and forgettable, which probably hurt sales. Always remember, his DC comics counterpart’s villains are known throughout the world by non-comic fans. If you create some fantastic enemies, the Black Bat may grant you your dreams of the Shadow.

3. Tarzan – Hero of pulp, films, radio, television and more, Tarzan is probably one of the top five best known fictional heroes in history. Whether people know him from the classic Edgar Rice Burroughs novels, the many films using him in various capacities, or the television series that emerged, people know this archetype. Obviously, Tarzan is as untouchable as the above heroes (and do not listen to those who believe otherwise unless you plan on enriching lawyers), but he has many public domain peers. Here are a few:

a. Polaris of the Snows – Written in 1915 by Charles B. Stilson, Polaris was raised by his father in Antarctica and grew up a giant, blond Tarzan type. After his father passes away, he decides he will find civilization and discover his identity. Of course, he rescues a beautiful woman along the way and discovers a lost civilization in the process. Polaris is a basically forgotten character who has a slightly different direction for his origin.

b. Ki-Gor – Subject of over fifty novels, Ki-Gor is a blond jungle lord who had most of the ideas Burroughs brought in his tales. He possesses a beautiful wife, native friends who he trusts and  who provide good tales (under the better writers), and an Africa replete with lost civilizations, evil adventurers, and weird creatures. You really cannot go wrong with writing Ki-Gor if your dream is to write Tarzan tales.

c. Mowgli – Created by the legendary Rudyard Kipling, Mowgli and his Jungle Book stories are about as much fun as you can have reading fiction. Most know the characters from the Disney animated film (which I happen to adore), but there is so much greater depth to that world than any film can impart. Mowgli, Shere Khan the lame tiger, Bagheera the black panther, Baloo the sloth bear, Kaa the giant python, Mother and Father Wolf…I could go on for days of the rich world Kipling created. Mowgli and his tales are the stuff of dreams and a great choice for any prospective writer. One final note—the character of King Louis is NOT from Kipling. That is a Disney creation (played by musical great Louis Prima), so do not use him in your stories.

This is just a start, but the best plan is to usually start at the top of any list, so Pulp heroes you can write to get the feel of writing the untouchable should be no different.

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Frank Schildiner is a martial arts instructor at Amorosi’s Mixed Martial Arts in New Jersey. He is the writer of the novels, THE QUEST OF FRANKENSTEIN, THE TRIUMPH OF FRANKENSTEIN, NAPOLEON’S VAMPIRE HUNTERS, THE DEVIL PLAGUE OF NAPLES, THE KLAUS PROTOCOL, and IRMA VEP AND THE GREAT BRAIN OF MARS.  Frank is a regular contributor to the fictional series TALES OF THE SHADOWMEN and has been published in FROM BAYOU TO ABYSS: EXAMINING JOHN CONSTANTINE, HELLBLAZER, THE JOY OF JOE, THE NEW ADVENTURES OF THUNDER JIM WADE, SECRET AGENT X Volumes 3, 4, 5, 6, THE LONE RANGER AND TONTO: FRONTIER JUSTICE, and THE AVENGER: THE JUSTICE FILES. He resides in New Jersey with his wife Gail who is his top supporter and two cats who are indifferent on the subject.

NOTE: This article was originally posted at Bibliorati. It is reprinted here by permission. 

Public Domain Characters: A User's Guide -- THE GOOD, THE BAD, AND THE UGLY

by Frank Schildiner

One of the best Western films ever was “The Good, the Bad, and the Ugly”, a true classic in every sense of the word. It also exists as a wonderful metaphor in many areas. Today we will take that concept into the world of public domain characters, specifically starting with some fantastic characters who are ripe for continued tales.

“The Good…”

Many of these characters have received stories in recent years, but that should not hold anyone back. Every writer adds their own view to a concept.

1. Sherlock Holmes – Holmes has been and probably always will be the World’s Greatest Detective. In recent years we’ve seen him elderly (the film Mr. Holmes), modern and sociopathic (Benedict Cumberbatch), scruffy and strange (Robert Downey Jr.), but always a genius with a cast of characters over a century old. We’ve even read him as the villain in a Lovecraftian world where the rulers of the world are Elder Gods and Professor Moriarty is a protagonist (Neil Gaiman’s A Study in Emerald). If you keep to the basic formula, you can add your own spin to this legendary figure in literature. 

2. The Black Bat – Created virtually at the same time as his far more famous counterpart, DC’s Batman, the Black Bat is a concept ripe for a writer seeking an action-adventure hero. Blinded by a gangster who threw acid in his eyes, District Attorney Tony Quinn received a secret operation that restored his eyesight and made him capable of seeing in the dark. Disguising himself in black, he became the Black Bat, a hero secretly who fought evil while feigning blindness publicly. Sadly, the original writers of this great concept never gave the Bat a worthwhile menace. Instead he fought ordinary gangsters while Batman’s rogue’s gallery enticed readers of all ages. Giving the Black Bat some worthwhile foes would certainly enhance his standing and could lead to some fun adventures.

3. The Black Terror – Defunct comic company Nedor Comics had only a few concepts worth reading. By far the best, at least in my opinion, was the Black Terror aka Bob Benton. Dressed in a black costume with the skull and crossbones on his chest, the Black Terror has appeared in stories written by comic legend Alan Moore! There’s plenty of room for great tales using this hero in his original setting or even modern day.

4. Doctor Omega – Created in 1906 by French writer Arnould Galopin, Dr. Omega is an elderly, tough, brilliant, irascible genius who builds a spaceship that takes him, his neighbor, and his assistant Fred, to Mars. Resembling the First Doctor from the Doctor Who television series (William Hartnell for those of you whose knowledge of Who begins in recent days), Omega could grant a writer their best chance of creating a universe traveling sci-fi hero. Obviously, you should avoid using Daleks, Weeping Angels, and Cybermen, but this is a great chance to indulge yourself with few restrictions. Reprints of the originals are available on Kindle and Nook, so research should be easy enough.

5. Frank Reade Jr. – Steampunk enthralls many readers these days and there’s even a huge fashion movement with this as its basis. Frank Reade and later his son Frank Reade Junior were the embodiment of this concept long before it was a style. Written between 1892-1893, Frank Reade Jr. lives in a world of steam powered robots, airships, and early submersibles written in the United States in the Victorian era. If you dream of writing a steampunk adventure, Frank Reade or Frank Reade Jr. are a good starting point for any writer.

6. Jim Anthony – The massive success of Doc Savage inspired many imitators in that period, one of the best being Jim Anthony, Super Detective. Half Native American and half Irish, Anthony was a doctor, expert in dozens of areas of science, and a multimillionaire who devoted himself to tracking down criminals. Unlike Doc Savage, he liked the ladies and his stories were known as “spicy”; meaning a greater degree of sex and violence occurred in the pages. You definitely can’t go wrong with a hero who has the mind of Steven Hawking and the physique of Steve Reeves.

7. Fantômas – Want to write the bad guy in the main role in your story? Look no further than this character, the first true supervillain. Originally written between 1915-1963, Fantômas is a fiendish master of disguise with a love for sadistic methods of murder. Victims of this infamous super criminal died due to rooms that fill with sand, plague infested rats, and other evil plots. Chased by Inspector Juve, this character is the subject of films, plays, comics, and over forty novels. 

8. Carnacki, the Ghost-Finder – Interested in an occult hero? Want to indulge your need for fighting the supernatural? Then you should read up on Carnacki the Ghost-Finder by legendary weird fiction master William Hope Hodgson. Carnacki is a London based detective whose work often results in a paranormal cause for the crime or problem at hand. Utilizing scientific methods as well as old folklore-based wisdom in his cases, the tales vary from real occult danger to human fakery. The original stories are still a genuine delight and several writers have written new cases for this mostly forgotten hero.

As always, beware that you do not utilize new elements added by modern writers; their material is legally protected. Taking such concepts and ideas from current authors could result in legal issues best avoided at all cost. 

Despite that warning, there are many great characters beyond those I listed above. Take the time and look around. Just make sure they’re in the public domain first!  

“The Bad…”

Do remember that these are my opinion only. If your viewpoint is different, that is fine. I will state my reason for each and leave you to each of your own opinions. If you prove me wrong, I will be the first to hail you as doing so; though I would be very surprised too. I have experimented with more than one of these concepts and learned a great deal.

1. The Phantom Detective – The third longest running pulp hero character, the Phantom Detective was always a pretty poor attempt at a hero at best. He embodies the clichés of the period and was wildly uneven. Even his name is a misnomer; while the series is called “The Phantom Detective”, he is only called “The Phantom” in his series. The character is a rich guy who, after World War One, decides he will use his skills at fighting crime. He becomes an expert in disguise (as one does), as well as a criminologist and becomes accepted by law enforcement agencies worldwide. Oh, the police summon him through a red beacon at the top of a roof when they need his aid. If that sounds like Batman’s Bat Signal, you have now learned the inspiration. Otherwise, the Phantom Detective was simply a blah, boring, fairly routine series with rare moments of middle grade writing. The concept of a rich guy who solves crime is, by this point and time, a complete cliché to readers. Having read a bunch of Phantom Detective novels, I can assure you they were dreary. This one is best left to history.

2. Alarune – Oh boy, this one is a truly painful concept. Created by the repulsive Nazi sympathizer Hanns Heinz Ewers, the concept is one that demonstrate true misogyny. Professor Ten Bricken artificially inseminates a woman with Mandrake root which apparently emerges when a hanged man ejaculates as he dies. The result was Alarune, a woman who lacks a soul, is sexually voracious, and indulges in perverse affairs throughout her life. Made into seven movies, the character is truly repugnant. I tried using Ten Bricken and Alarune once in a story and I basically stripped the characters down to name only. This was the only way I could use him as a mad biologist helping the main villain. Had I used the true version of Alarune, I doubt any publisher would employ me again. Let this one die, folks. We are better than the mad concepts of a Nazi writer who tried mitigating their racial theories by considering himself still a decent human being. Alarune comes off as backward and horrific in modern days. 

3. Crimson Mask/Purple Scar – I include two as one because they are copies of better concepts without the skill or interesting writing. Also, they are so interchangeable, they almost bore me considering them as concepts. The Crimson Mask is a pharmacist whose police officer dad died at the hands of criminals. The Purple Scar is a man whose police officer brother died at the hands of criminals. Each took on masks based on the dead faces of their killed family member and became experts in fighting, criminology, and so on and on. These characters were bad imitations of the Shadow and Spider with villains so remarkably colorless I doubt even their writers remembered their names. If a writer decides they must recreate a famous concept, that’s fine. However, they should endeavor to do so with some finesse and cleverness. The Crimson Mask and the Purple Scar are such clear examples of bland writing that some consider the true representation of pulp. Maybe someone can add some flair to the pair, but I find the duo painful.

4. Kwa of the Jungle – Jungle hero pulp was a common concept because Tarzan was a legend that crossed well beyond his literary roots. Many popped up over the years, but Kwa was one of the silliest and least enjoyable. An orphan surviving a plane crash, young Nathaniel Rahan is adopted and raised in the jungle by a hidden race of chimpanzees. Yes, talking chimps. They name him, “Kwa the Golden One” and he protects the jungles from spider men and other odd creatures. The character was a poor rewrite of Tarzan, Mowgli, and even the less skilled Ki-Gor pulps. Don’t get me wrong, I love jungle/Wildman pulps, but Kwa was just a pale concept that did not even deserve his six stories. For those wanting to write a wild man hero, consider Polaris of the Snows or Ki-Gor. Kwa is best left in the dustbin of history.

5. Lovecraftian rewrites – I happen to adore cosmic horror and there are many writers, such as Peter Rawlik and Robert M. Price, whose work are genuine pleasures. What I am referring to is the habit some writers have of attempting a recreation of the style of H.P. Lovecraft. The result is often turgid, painful, purple prose that is in no way readable. Writers who must write in Lovecraft’s universe, do so with joy, but in a style and voice that is theirs, not an imitation of the concept’s creator. There was only one H.P. Lovecraft and the universe will not accept a second. Become the first “you” and take his concepts your own direction. 

“And the Ugly…”

Do remember that this is my opinion only. If your viewpoint is different, that is fine. I will state my reason for each and leave it up to each reader in formulating their own opinions. However, the “Ugly” is a more conceptual basis, a piece of advice for writers regarding some of the areas of pulps and comics best left buried in the past.

1. Bulldog Drummond aka the Reformed Racist - H. C. McNeile under the penname “Sapper” created a square-jawed tough hero who fought for all that was good and strong in the minds of the British. He was also virulently racist, an anti-Semite, anti-anyone non-English, and so conservative his values were probably formed by William the Conqueror. The main character in numerous books, films, radio shows, and even plays over the years, Bulldog’s disgusting tendencies toward repulsive behavior received cleansing from many writers. To some readers, Bulldog Drummond is a typical strong hero…until you read his original stories. There you find a hideous approximation of a heroic figure by someone who looked down on most of the world. I give major credit to Alan Moore and Kim Newman, two magnificent writers who used this character and did not wash away the truth in their pages. Readers let this guy, and any other similar race-baiting protagonists, be otherwise forgotten. These values were wrong then and worse now.

2. Wu Fang/Yellow Peril villains – Want to feel really uncomfortable? Try reading some of the Yellow Peril pulps like The Mysterious Wu Fang or Dr. Yen Sin. Yellow peril pulps are a product of pure xenophobia and are completely horrific attacks on a race of people. These tales usually involve an evil mandarin who plans on destroying white people using evil assassins with mysterious poison darts, creepy insects, and advanced scientific devices that could make them trillionaires should they create a company marketing them worldwide. Often a woman is in peril and has her clothing torn off so that “barbaric” “alien” men can gaze upon the perfect flesh…ugh, just writing that crud makes me feel the need for a shower. These stories are purely grotesque and are best left as history. Now, I am not saying Asian people cannot be villains. Madame Atomos, a villainess from French pulps, was a great series and made for exciting tales. However, that one is a rarity and there are very few others worthy of such respect.

3. “The One Good Nazi” – There are few areas of literature that so disgust me as this trope, one that was overused massively by many writers in the 1960s through the early 1990s. This character is often a cynical Army officer who received wounds in the war and despises the SS and Gestapo. He is often a soldier and German first and never really a Nazi. I could go on at length, but you get the point. This concept is utter trash and an insult to the millions of men, women, and children who died at the hands of the Third Reich. By continuing the cliché, you are ignoring the death camps, bombings of cities and literally thousands of horrors of the Nazi regime. Please, please, please, stop it. Nazis are useful as villains but stop normalizing them in fiction. Millions died in World War Two and that must never be forgotten.

4. The Savior – In the worlds of fantasy and science fiction, this idea appeared quite often in the past. A hero or heroine is born with a birthmark, on a specific day, cursed by an evil witch…or one of hundreds of variations in this setup. The protagonist is reputed as the only person capable of defeating the evil and bringing happiness and light back into the world…sorry, threw up in my mouth a little. When you write this as the basis of your story, you are effectively pre-plotting the ending. It is rare, such as in the case of Harry Potter, that differences emerge, and an effective tale emerges. Often, this is lazy writing and your hero/heroine is now basically unkillable. Also, why is this the only answer in solving the many problems of your world? In our world there are billions of people. Are you really telling me a second person with your comet shaped birthmark or whatever never appeared? It just doesn’t fly anymore, and the readers deserve better.

5. Poor pastiches – I get it, you are dying for a chance to write Doc Savage, the Shadow, Batman, Millie the Model, or whoever, but you cannot afford the licensing fees. Therefore, you create your own and call her Mollie the Model and her sidekick Doc Ravage…are you beginning to see my point? Pastiches can be a true joy for the reader, a unique direction for a character. I have written a Doc Savage version, a pulp hero called Thunder Jim Wade, for example. The trick is in creating something different. If I want Doc Savage, I will pick up a Lester Dent or Will Murray novel from my collection. I don’t need a near clone called “Doc Metal, the Man of Gold” or whatever. Give the reader something different and unique. Use your imagination and expand the concept to something enjoyable we have not seen a thousand times in the past. The reader will appreciate your efforts and you will get a sense of accomplishment that a “Molly the Model” cannot grant you in this life.

And that, gentle readers, is ‘The Ugly’…

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Frank Schildiner is a martial arts instructor at Amorosi’s Mixed Martial Arts in New Jersey. He is the writer of the novels, THE QUEST OF FRANKENSTEIN, THE TRIUMPH OF FRANKENSTEIN, NAPOLEON’S VAMPIRE HUNTERS, THE DEVIL PLAGUE OF NAPLES, THE KLAUS PROTOCOL, and IRMA VEP AND THE GREAT BRAIN OF MARS.  Frank is a regular contributor to the fictional series TALES OF THE SHADOWMEN and has been published in FROM BAYOU TO ABYSS: EXAMINING JOHN CONSTANTINE, HELLBLAZER, THE JOY OF JOE, THE NEW ADVENTURES OF THUNDER JIM WADE, SECRET AGENT X Volumes 3, 4, 5, 6, THE LONE RANGER AND TONTO: FRONTIER JUSTICE, and THE AVENGER: THE JUSTICE FILES. He resides in New Jersey with his wife Gail who is his top supporter and two cats who are indifferent on the subject.

NOTE: This article was originally posted at Bibliorati. It is reprinted here by permission. 

[Link] British Library offers over 1 million free vintage images for download

by Neil Bennett

The centuries-old copyright-free images range from book illustrations to photos, and cover everything from flowers to cycling and children's books to map.

Read the full article: http://www.digitalartsonline.co.uk/news/illustration/british-library-offers-over-1-million-free-vintage-images-for-download/

Going Public About the Public Domain

All right, writer types... in light of the public domain case against the Arthur Conan Doyle estate, this week's roundtable for writers is about just that -- public domain law. We sought out a few of our favorite new pulp writers to get their thoughts on the matter.

What is public domain law getting right?

Percival Constantine: Keeping these properties viable for future generations. There are lots of great characters that, if not for the public domain, might just be left to wither and die. And there are many great stories we may not have gotten. One example that immediately comes to mind is the League of Extraordinary Gentlemen. If not for the public domain, these characters might be owned by competing corporations, which would have made one of the greatest graphic novels completely impossible to create without paying hefty licensing fees.

Lee Houston Jr.: Not being a lawyer, as far as I know, it's protecting the integrity of the original material and keeping anyone else from claiming the classics are actually their own work. The rules here in America concerning public domain media properties state that you must include the original credits in your presentation, which is why you still see those within the cheap DVDs of today. When Ted Turner was on a color the black and white films kick for a while, he could call the colorized version "his" while the original was still public domain.

What are the problems that public domain law is creating?

Percival Constantine: The real problem is a lack of consistency across the world. Characters that are public domain in one country aren't in another, which restricts distribution in those countries and, in my opinion, creates an environment in which piracy can thrive.

It's also not always clear what is and isn't public domain. For example, many of Edgar Rice Burroughs' Barsoom and Tarzan books are public domain and can be downloaded freely from Project Gutenberg or other sources. But John Carter and Tarzan themselves are not public domain. These situations can create a lot of confusion and lead to incidents in which someone can end up being sued for a story they published without really knowing they were breaking the law.

Lee Houston Jr.: In light of the Doyle estate lawsuit, obviously who can use what when, and how should it be used "properly". The rules are different in England, so the BBC got the Doyle estate's permission to do the modern "Sherlock". Yet CBS, after being turned down by the BBC for an American license to the property, realized Holmes was public domain, and is now doing their own version of a current detective with "Elementary". There are too many unauthorized uses of classic characters as it is, which dilutes the genre pool for the "official" works continuing the legends. The new comic book adventures of The Shadow are authorized, but I'm totally surprised that Dynamite Comics hasn't entered the discussion yet concerning their work with the Edgar Rice Burroughs properties.

Warner Brothers and Disney cannot help the fact that the earliest appearances of their characters have fallen into public domain, yet between continually lobbying lawmakers for changing the existing copyright laws and producing new material, they maintain overall ownership of Bugs Bunny, Mickey Mouse, etc. Can the same be said of the Burroughs and Doyle estates in regards to their properties? Should they have the same rights as the studios or not? After all, Disney certainly put their moniker all over their animated Tarzan efforts, the attempted Broadway adaptation of same, and the recent John Carter movie.

Whom do you think public domain laws should protect, and how far into a creator's family lineage should that protection continue?

Percival Constantine: Public domain laws should protect the work and the public. As for how far into a creator's lineage should the protection continue, that's a difficult question to answer. I really don't see any problem with the old definition of the author's life plus fifty years. With advances in medicine, that's long enough to possibly extend to the creator's grandchildren.

For the most part, though, the current extensions in copyrights aren't to the benefit of the creators—they're to the benefit of the corporations that have bought these characters from the creators.

If say, Superman were to fall into the public domain, there would be nothing stopping Warner Bros. or DC Comics from still making movies, TV shows, and comic books about the Man of Steel. And with their financial strength, they could market their versions far more fiercely than competing ones.  If Siegel and Shuster's heirs wanted to make more money off their ancestors' creation, then they could also produce new stories as well (and I see nothing wrong with them having to actually put in some work to earn that Superman money, instead of just being lucky enough to be related to the creators). But it also means that we could get some interesting and original takes on Superman from other creators.

Lee Houston Jr.: Very good question, considering that some day all of us current writers' estates will hopefully be facing similar dilemmas. Immediate family for sure. It might be stretching things a bit too far extending it to grandchildren and beyond, but that is for others to decide.

How can public domain law be fixed to best protect creators AND ensure the perpetuity of timeless creations for new generations?

Percival Constantine: That's another tough one. I'm not a lawyer, but I think there should be international standards and clear cut definitions of what constitutes public domain and what doesn't. This is part of a larger problem involving copyright law as a whole. Right now, the laws are skewed in the favor of corporations, not in favor of the creator. The upcoming Wolverine movie will no doubt make a whole lot of money. How much of that money goes to Len Wein and John Romita, who created the character? How much of it goes to Chris Claremont and John Byrne, who spent a lot of work developing some of the most recognizable aspects of the character?

Corporations already have an unfair advantage over the average creator. They don't need help from the government in terms of copyright extensions that serve no benefit to the creator and only exist to enable the corporation to continue to milk a creation decades after the creator's death.

Lee Houston Jr.: Above all else, the laws should continue to protect the integrity of the original works. I cannot picture any version of Sherlock Holmes wearing Bermuda shorts and riding a skateboard while chewing bubblegum and jamming to his iPod. Yet the current BBC version does prove that some properties, if handled properly, can work as well in a more modern setting besides their original time periods. One thing a lot of people keep forgetting is that a lot of the material we consider period pieces today were actually originally written as contemporary (for their times) tales.

Overall, this is an issue that we'll just have to wait and see how it plays out in the courts, especially considering that the copyright laws are somewhat different overseas than they are here in the United States.

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All illustrations used in this article are from the public domain, in case you're curious.

[Link] Arthur Conan Doyle Estate Now Being Sued to Settle Whether Sherlock Holmes is in the Public Domain

by Nate Hoffelder

I have long argued that copyright law has grown far out of proportion and no longer serves the needs of the creators, so I was pleased to read this week about a recently filed lawsuit that could prune back some of the overgrowth.

The noted Sherlockian scholar, Baker Street Irregular and prominent attorney Leslie Klinger, editor of The New Annotated Sherlock Holmes, The Sherlock Holmes Reference Library and The Grand Game: A Celebration of Sherlockian Scholarship, to name a few, has filed a civil lawsuit against the Conan Doyle Estate to determine that the characters of Sherlock Holmes and Dr. Watson are in fact in the public domain.

Mr Klinger is suing (according to the press release) because of the pressure that the Conan Doyle estate applied against Mr Klinger’s latest anthology of Sherlock Holmes inspired stories.

In the Company of Sherlock Holmes was supposed to be published by Pegasus Books and included Holmes stories by numerous well-known mystery/sci-fi/fantasy authors.  The anthology is on hold because the Conan Doyle estate contacted the publisher, asked for a fee, and threatened to block distribution of the anthology if the fee was not paid.

The Conan Dolye’s justification for their legal shakedown is at best questionable and is based on a not-entirely settled point of copyright law. Allow me to explain.

As you probably know, the vast majority of the Holmes stories are old enough that they are no longer in copyright in the US. (The author died in 1930, so his entire body work is public domain everywhere but the US.) In the US you can legally download nearly any of the Holmes stories from sites like Project Gutenberg. If you wanted to, you could then format the stories as ebooks or bind them into a paper book and sell the stories. This is completely legal.

Continue reading: http://www.the-digital-reader.com/2013/02/16/arthur-conan-doyle-estate-now-being-sued-to-settle-whether-sherlock-holmes-is-in-the-public-domain#.USGCvPKjKt1

[Link] DC Comics Keeps The Rights To Superman

Yes, this image of Superman is in the public
domain. From http://commons.wikimedia.org/

DC Comics will retain its rights to Superman after a judge ruled Wednesday that the heirs of one of the superhero’s co-creators signed away their ability to reclaim copyrights to the Man of Steel roughly 20 years ago.

The ruling means that DC Comics and its owner Warner Bros. will retain all rights to continue using the character in books, films, television and other mediums, including a the film reboot planned for next year.

DC Comics sued the heirs of artist Joe Shuster in 2010, seeking a ruling that they lost their ability to try to reclaim the superhero’s copyrights in 1992. U.S. District Court Judge Otis Wright II agreed, stating that Shuster’s sister and brother relinquished any chance to reclaim Superman copyrights in exchange for annual pension payments from DC Comics.

Continue reading: http://comics-x-aminer.com/2012/10/18/dc-comics-keeps-the-rights-to-superman/

Yes, this image of Superman is in the public
domain. From http://commons.wikimedia.org/

The Writer Will Take Your Questions Now (#76) -- Public Domain

Why all the interest in the public domain stuff lately?

Wow. I hadn't thought about it, but it does seem like everything I'm posting about lately is a revival of a public domain property, doesn't it? The truth is it's just a timing issues. I've had the H.G. Wells and Frankenstein projects in the works for years, and they're just now getting traction and making progress art-wise, which excites me to no end.

In addition to those, I'm also doing an online comic revival of the golden-age powerhouse Rip Regan, Powerman. And I recently did the Blue Lady story with Jim Ritchey III for All-Star Pulp Comics, now long ago.

On the prose side, a lot of pulp stuff is hitting recently, however. I'm doing a new adventures of Armless O'Neil for Pulp Obscura, and several others that I can't mention yet until I get approval from the publishers. (Yeah, I'm a tease. I know it. Sorry.)

Why do I pursue so many of these public domain characters? Several reasons.

1. They're fun to write.

2. It's a way of continuing the mythos after the original writers have died.

3. The characters ultimately belong to the fans, and it's a way of rewarding fans for their love of these otherwise forgotten heroes.

4. I'm getting paid for it. (Got to keep the groceries on the table, you know.)

5. I think these heroes deserve to come back. Sure, it's easy to keep Superman and Batman and Spider-Man in front of the masses, but that doesn't mean they are any more deserving of that spotlight than folks like Richard Knight, Armless O'Neil, The Black Bat, or The Domino Lady.

6. Alan Moore shouldn't be the only writer who can make a name for himself (and a living) by giving public domain characters a new spin. (Okay, I'm probably reaching for that one unless I redefine what "a living" is, but the spirit of the statement is still true.)

[Link] Supreme Court Says Congress May Re-Copyright Public Domain Works

Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday.

In a 6-2 ruling, the court said that, just because material enters the public domain, it is not “territory that works may never exit.” (.pdf)

The top court was ruling on a petition by a group of orchestra conductors, educators, performers, publishers and film archivists who urged the justices to reverse an appellate court that ruled against the group, which has relied on artistic works in the public domain for their livelihoods.

They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells’ Things to Come; Fritz Lang’s Metropolis and the musical compositions of Igor Fyodorovich Stravinsky.

Continue reading at: http://m.wired.com/threatlevel/2012/01/scotus-re-copyright-decision/