Why Marvel and DC Don’t Sue Each Other Despite Similar Characters?

 

As a kid I used to wonder, Why Marvel and DC, the two comic book giants don’t constantly sue each other for copyright infringement, especially when some of their characters seem so similar. Take Deadpool and Deathstroke, for example. Both are skilled with guns and swords, have healing powers, and wear similar costumes. The main difference is their personalities: Deadpool is chatty and funny, while Deathstroke is serious and morally complex. Similarly, characters like Hulk and Solomon Grundy share many traits. If we as viewers can spot these similarities, why don’t Marvel and DC file lawsuits over them?

The Idea-Expression Dichotomy

One key reason is the idea-expression difference in copyright law. This principle says that while copyright protects the way ideas are expressed, it doesn’t protect the ideas themselves. In superhero comics, common ideas like super strength or healing abilities can’t be protected. However, the specific way these ideas are shown—through character design, storylines, and dialogue—can be protected.

For example, while Deadpool and Deathstroke are both mercenaries with similar abilities, they are expressed differently. Deadpool’s humor and antics set him apart from Deathstroke’s serious and gritty character. Because of these differences in expression, straightforward copyright claims are hard to make.

Originality and Substantial Similarity

To win a copyright infringement lawsuit, a plaintiff must prove that their work is original and substantially similar to the allegedly infringing work. Marvel and DC characters, even if they share common superhero traits, usually have unique attributes that ensure their originality. Hulk and Solomon Grundy might both be big, green, and super-strong, but their origins, motivations, and story arcs are different enough to avoid substantial similarity claims.

Fair Use Doctrine

Another important part of copyright law is the fair use doctrine, which allows limited use of copyrighted material without permission for purposes like criticism and parody. Marvel and DC have sometimes parodied each other’s characters, which is generally considered fair use. For instance, Marvel’s Deadpool is often seen as a parody of DC’s Deathstroke, highlighting certain traits for comedic effect.

Conclusion

While characters like Deadpool and Deathstroke, or Hulk and Solomon Grundy, might seem too similar to be coincidental, the principles of copyright law explain why Marvel and DC don’t constantly sue each other. The idea-expression difference, requirements for originality and substantial similarity, and the fair use doctrine provide a legal framework that allows both companies to create characters with shared traits without infringing on each other’s copyrights. This way, both Marvel and DC can continue to coexist and thrive in the comic book industry.