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I have a DVD of the Max fleisher's superman cartoons which are considered public domain. but how can it be public domain if the name superman and the superman symbol are property of "AOL Time Warner"
since it is public domain can I copy and sell the video on the that is on the dvd even though the dvd case says duplication is illegal? The dvd case does not claim copyright of the video.
How is a Superman Cartoon public domain?
I'm assuming your facts are correct, and that the Fleisher cartoons you have are in fact, public domain.
Your only problem is there are actually 2 interests involved here. The cartoons as intellectual property might be in the public domain because of age, but the embodiment of them in that DVD is separate property, and you cannot duplicate it.
If you could find another non-commercial source for the cartoons, presuming they're in the public domain, you would be in the clear. As long as you don't ADD the Superman logo or the word "Superman" to the drawing, I see no infringment on ATW's copyright. The cartoon pre-dates their copyright, obviously...
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