Fawcett comics survives

Discussion in 'Alternate History Discussion: After 1900' started by THeaven, Aug 3, 2019.

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  1. THeaven I am the Watcher

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    In 1949 National Comics tried and failed to both have Fawcett cease publication of Captain Marvel comics and have Republic Pictures withhold release of the Captain Marvel serial via a cease and desistin June 1941.When the action went unheeded, Detective and Superman, Inc. filed suit against Fawcett in September 1941,naming Republic as a co-defendant.The lawsuit between Detective and Fawcett proceeded for seven years before trial finally began in March 1948. By this time, Detective Comics and Superman, Inc. had merged to create one company called National Comics, which became the sole plaintiff in the case.

    National's argument was that Captain Marvel's main powers and characteristics (super-strength, super-speed, invulnerability, a skin-tight costume with a cape, and a news reporter alter ego) were derived directly from those of Superman. Fawcett's counterargument was that although the two characters were indeed similar, the similarity was not infringing.

    National presented as evidence a binder over 150 pages in length, featuring panels from their comics of Superman performing superheroic stunts juxtaposed with panels of Captain Marvel doing the same stunts in magazines published at a later date than the Superman example. Fawcett countered in two ways: by providing examples of Captain Marvel performing those feats at even earlier points of publication, or by providing examples of other heroic comics characters such as Popeye or Tarzan performing those feats in earlier published comic strips. Testimony from Fawcett employees and artists hired by Fawcett on a freelance basis offered differing positions on whether or not the Fawcett creative teams had been required to copy from Supermancomics.

    The trial was decided in Fawcett's (Captain Marvel's) favor because of information Fawcett's lawyers had uncovered about Superman's copyright status. The defense lawyers provided evidence that National Comics and the McClure Syndicate failed to copyright several of theirSuperman newspaper comic strips, and the trial judge decided that National had abandoned its Superman copyright such that it was no longer valid.
    National comics tried to Appeal in the United States secondary court system but Judge Hand threw out the case arguing that if National Press wanted to keep in business stop wasting money on suing your competition and work on making your stories better.
    http%3A%2F%2Fwww.marvelfamily.com%2Fimages%2Fwhoswho%2Fcaptainmarbles%2Fsuperduperman_panel.jpg
     
    Last edited: Aug 3, 2019
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  2. Threadmarks: Serial brawl

    THeaven I am the Watcher

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    In Mits of the trial Both Republic pictures, and Columbia pictures would produce two competing sequels in 1950
    Atom Man vs Superman by Colombia pictures which would introduce Lex Luthor to the silver Screen and Republic pictures Captain Marvel: Return of The Scorpion. Which was famous for replacing previous stars Tom Tyler (whose Alcohol problem was out control) and Frank Coghlan jr (who was viewed as to old) with George Reeves, and Roddy McDowell. Though Atom Man was more well received it was clear to all that the movie serials time was up PSX_20190801_201603.jpg 220px-Superman_vs_Atom_Man.jpg
     
  3. THeaven I am the Watcher

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    In 1951 Lippert Pictures inc started a production of Superman and the Mole Men as a possible pilot for TV, Produced by Barney A. Sarecky and directed by Lee Sholem
    George Reeves was initially cast to play Superman With Phyllis Coates as Lois but Publisher Joey Liebowitz still fuming over the looing in court to Millar and Beck demanded that the actor who previously played Captain Marvel be replaced or he would prevent them from using the Superman license. Cowboy actor John Hart was cast as a last minute replacement Hart who was working on the Phantom adaptation for TV when the licensing problems prevented it from starting jumped at the chance
     
  4. nick_crenshaw82 AltHistory Noob

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    Did Siegal & Shuster lose their case with National or not?
     
  5. nick_crenshaw82 AltHistory Noob

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    (In universe): I real like John Hart as Superman but I believe that Buster Crabbe may have been a better choice but as we all know he was busy working on Doc Savage.
    [​IMG]
     
  6. GeographyDude Well-Known Member

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  7. THeaven I am the Watcher

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    Sadly yes but it was still ongoing during the Fawcett trial
     
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  8. nick_crenshaw82 AltHistory Noob

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    Is All-American a separate company?
     
  9. Brady Kj Well-Known Member

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    I think one can make an argument that Archie and Harvey Comics were also major companies in the 50s. And Charlton survived the 50s respectably. But I kind of wonder how major Atlas was throughout the 60s. It certainly was a major comics company in the 40s and 60s, but I have my doubts it was really major in the decade in between.
     
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  10. nick_crenshaw82 AltHistory Noob

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    Atlas was Marvel after 1961, with the first appearance of the Fantastic Four.
     
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  11. Brady Kj Well-Known Member

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    Yes, I know. I did say it was certainly a major company in the 60s.

    Does anybody know any stats that would suggest how many companies were major in the 50s?

    But more importantly, I'm really excited about this thread.
     
  12. nick_crenshaw82 AltHistory Noob

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    I wonder what the Fawcett trinity will be, obviously Captain Marvel will be a part of it.
     
  13. THeaven I am the Watcher

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    Captain Marvel, Spy Smasher, and Bulletman but considering Otto Binder is staying on board we will be seeing some strong female characters appear
     
    Last edited: Aug 4, 2019
  14. THeaven I am the Watcher

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    In 1951 the comic book industry was in a slump superheroes were starting to be viewed as a product of the War. And the patriotic heroes who got fame fighting Nazi's were not having the same success fighting Communist spies and the likes of Commando Yank & Minuteman were at risk of going the way of Atlas Comics Captain America: Commie Smasher.
    With Sci-fi, Westerns, and Horror dominate in sales C.C Beck, took a gamble after hearing a crude joke about Fawcett's Patriotic heroes name and went to Writer Otto Binder to rebrand Minuteman from a patriotic superhero to a Time Traveler who fought aliens who posed as monsters of mythology often teaming up with Fawcett's Western hero Golden Arrow whose stories were overshadowing Tex Ridder's licensed book. By 58 Minutman wouldteam up with Time Travelers Cosmic boy, Saturn Girl, and Lightningboy to fight the evil Brainiac PSX_20190804_150656.jpg
    Funny Animal books were a failure no matter what the company but John Broome introduced the genres most successful creation Beppo aka. Detective Chimp a character that would appear in stories of Captain Marvel and Mr. Scarlet
    images.jpeg
     
    Last edited: Aug 4, 2019
  15. THeaven I am the Watcher

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    I'm willing to let this be cannon if you state the company and cast/crew
     
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  16. nick_crenshaw82 AltHistory Noob

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    The more research I do the more I don't think idea would work in the 50s, the 30s maybe.
     
  17. THeaven I am the Watcher

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    Well as I showcased that Frank Frazetta is working on the revamp of Minute-man so He never creates Thunda for Magazine Enterprise so Buster Crabbe would not be making King of the Congo so a Doc Savage movie could be made in its place
     
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  18. THeaven I am the Watcher

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    Spys_Masher.png
    In 1951 Republic Pictures and Famous Studios teamed up to produce a Spy-Smasher cartoon serial that would appear in Theaters and Television. Only two episodes were produced as budget and problems with the Hayes code prevented many studios reluctant to show a violent cartoon before any of their movies
     
  19. Threadmarks: Bronze vs Steel

    THeaven I am the Watcher

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    250px-ADV_Title_Screen.jpg View attachment 478334 PSX_20190805_215150.jpg In 1952 Lippert studios got the sponsor from Kellogg Corn Flakes to produce the Adventures of Superman for Syndication. John Hart played Clark Kent/Superman, with Kirk Alyn reprising the Role in the second season when Hart temporarily took over for Clayton Moore in The lone Ranger, Jack Larson as Jimmy Olsen, John Hamilton as Perry White, and Robert Shayne as Inspector Henderson. Phyllis Coates played Lois Lane in the first season, with Noel Neil stepping into the role in the second (1953) and later seasons.
    But The Man of Steel faced competition With NBC's Doc Savage:Man of Bronze. produced by Colombia pictures
    Dr. Clark Savage Jr. would be played by Film serial actor Buster Crabbe ,Lieutenant Colonel Andrew Blodgett "Monk" Mayfair, was played by Claude Akins, Brigadier General Theodore Marley "Ham" Brooks, was played by Michael Pate, Colonel John "Renny" Renwick, . played by Charles Bronson, Major Thomas J. "Long Tom" Roberts played by Barry Nelson and Pat Savage was brought in the second and final season with Elisabeth Montgomery in the role but experimental flying effects was more cost effective then exotic locations as well as Superman finding it's target audience in children caused NBC to cancel the series after the second season and easily aloud Superman the clear victor lasting til 1958
     
    Last edited: Aug 5, 2019
  20. Igeo654 The Concept Guy.

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    I can dig this TL. Seriously, I can. I can see the Fawcett Universe getting quite the boost once the Silver Age rolls around. I can even see Steve Ditko bringing along some of his old Indy guys like Static, Missing Man, Mr. A and Killjoy to Fawcett. As a matter of fact, with Atlas being under such dire straights ATM, I can actually imagine Him and Stan Lee jumping ship to Fawcett early on, maybe have Steve and Stan create all the Marvel guys there instead of Stan and Jack. Still, hate to see the future DCU depleted. Ah, well. Maybe National could finish Fox Features by buying their library before the Blue Beatle can become Charlton's. If Linkara's tales about them are any indication, Stardust, Wonderman, Dart, Flame, Blue Beetle and the rest of them would certainly be in better hands.
     
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