But there are limits to what someone can do with public domain characters. For one thing, the character can only be used as it existed 95 years earlier. Let's take Superman, for example, who first appeared in DC's Action Comics #1 in 1938 and enters the public domain in 2033.

In 2026, the countdown is well underway for Superman to enter the public domain, which is legally set to occur on January 1, 2034. Under U.S. copyright law, works published in 1938—the year Action Comics #1 debuted—receive 95 years of protection. However, it is important to note that only the original 1938 version of the character (who could "leap tall buildings in a single bound" but couldn't fly yet) will become public. Later attributes, such as his ability to fly, his vulnerability to Kryptonite, and even his more complex relationships, were added in subsequent years and will remain under DC Comics' copyright for much longer. DC and its parent company, Warner Bros. Discovery, will also likely retain "trademark" rights over the name "Superman" and the iconic "S" shield logo in 2026 and beyond. This means that while creators in 2034 may be able to write new stories featuring the 1938 version of Clark Kent, they must be extremely careful not to violate trademarks or use elements of the character that are still legally protected.