DC Comics Refuses To Let Superman Logo Adorn The Headstone Of A Young Child Who Was Starved To Death [Updated]
from the copyright-as-kryptonite dept
Please see update at the bottom
Superheroes: they're awesome. While they are often conflicted, they stand for truth and justice, protecting the fictional masses from unseen evils without so much as a paycheck. You know, like Edward Snowden, but with masks and bikini briefs and whatnot. Children, in particular, love superheroes, because they're still young enough to not yet have had their view of humanity deflated through the experience of living. Still, even for those reading the most tragic of stories, there is an important lesson to be learned: superheroes are awesome, but the people who own them aren't.
You can't meet Jeffrey Baldwin of Ottawa, because at five years old he was the victim of his own grandparents, who starved him to death. But if you could meet Jeffrey, he'd probably tell you all about Superman. See, Jeffrey loved the Man of Steel so much that members of his community that had never even met him were moved to provide for a memorial statue in his name, with the Kryptonian "S" on the boy's chest. Todd Boyce, who had been taken with Jeffrey's death and the testimony in his trial, tried to do the right thing and contacted DC Comics to get their blessing.
The request to the comic books publisher had been made by Todd Boyce, an Ottawa father who did not know the Baldwin family. Boyce was so moved by the testimony at the coroner’s inquest into Jeffrey’s death last year that he started an online fundraising campaign for the monument.You already know what comes next, don't you? DC Comics wrote a polite but still utterly infuriating reply that essentially said, "Nope!" This reply cited a "variety of legal reasons" that likely boils down to copyright and trademark rights. And, from DC's standpoint, I'm sure they also considered the sudden flood of requests they'd get from people who would also like to have Superman's logo on their headstones, family crests, and all the rest. But, seriously, we really couldn't have figured out a way to get a little Superman on Jeffrey's memorial statue? Superman was created over eighty years ago, but we're still at a place where we can't let a child have his hero moment, even in death?
For Boyce, it was a huge blow, as he felt the Superman aspect was a crucial part of the bronze monument, which will include a bench. The coroner’s inquest heard from Jeffrey’s father that his son loved to dress up as Superman.That's very understanding of Boyce, but what!?!? If DC's legal reasons for this refusal have anything to do with not wanting the logo to be associated with child abuse, then we have some lawyers on our hands that are serious candidates for lobotomies. This is a child victim we're talking about, the kind of person the fictional Superman would damn well have stood up for. It's too bad Superman's real-life owners don't share those same convictions.
“I’m sort of empathetic to (DC’s) point of view on this, but I feel very strongly that the image of Jeffrey is so powerful,” said Boyce. “It’s the image of a vulnerable boy dressed up as the most invulnerable character in the universe. So I just feel like there’s something lost if we change it.” Boyce said he understood DC’s stance, in that he felt they didn’t want the Superman character associated with child abuse.
Update: And... as is often the case following public shamings, DC has now relented and will allow the use of the logo.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: child abuse, copyright, dc comics, headstone, jeffrey baldwin, logo, superheroes, superman, tombstone, trademark
Companies: dc comics
Reader Comments
The First Word
“Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Having a little boy of my own who LOVES his Superman pajamas, I cannot think of a more apt image AGAINST child abuse than a little boy smiling and playing in a Superman costume.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
Probably a lawyer with a tin ear for publicity. Hopefully he has been introduced to the Richard the III society.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Well, okay, it was more that the Superman vs. the KKK radio special caused their recruitment to wither up completely.
But still; Superman has been a iconic protector of the vulnerable in our culture for quite some time. Having him referenced as a protector of abused children, more or less, is *not a bad thing*.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I can visualize the thought process
Remember these are MBA's, accountants and lawyers making these decisions. Compassion is bad for business.
[ link to this | view in chronology ]
Do it!
"DC COMICS RIPS DOWN 5 YEAR OLD'S MEMORIAL"
No, there would be so much public backlash... especially since they have a new movie coming out... that they would be forced to do it.
Sad... when it would take the potential loss of income from a new movie to make them do the right thing.
[ link to this | view in chronology ]
Re: Do it!
[ link to this | view in chronology ]
Re: Do it!
[ link to this | view in chronology ]
Re: Do it!
That was my first thought as well, but the article says that the city wouldn't agree to put up the monument unless they had a guarantee that there wouldn't be any copyright issues. :(
[ link to this | view in chronology ]
Re: Re: Do it!
WTF DC, there is a huge monument/statue of Superman in Metropolis, Illinois. I've been there...I've got the damn pictures to prove it. It isn't like they've never allowed this before.
I'd just make the picture of the kid the statue and then they have absolutely no copyright/trademark issues to stand on.
[ link to this | view in chronology ]
Re: Re: Re: Do it!
Heh, I guess I should have read the article...that is exactly what they did. Good thing DC relented.
[ link to this | view in chronology ]
Why ask for permission
There is a difference between Superman the product and Superman in culture. I own my history, my memories, my experiences, not some damn company. It was a real fact this kid would dress as Superman. If that fact is turned into art, too f*cking back for DC (or any other company for that matter).
We can destroy this copyright dictatorship, one download at a time. When the big media companies collapse, perhaps the ones that replace them will be a bit more humble.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Response to: Anonymous Coward on Jul 9th, 2014 @ 7:10am
[ link to this | view in chronology ]
Re: Response to: Anonymous Coward on Jul 9th, 2014 @ 7:10am
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
You tell him, Rich! If people want to help burn victims, for example, by throwing all of their money into a bonfire instead of giving it to a cause that might actually help them, it's entirely their choice and nobody is allowed to point out the futility of that choice! /duh
[ link to this | view in chronology ]
DC Comics won't let Superman help abused children.
[ link to this | view in chronology ]
DC isn't wrong in this case.
"That's the Jeffery Baldwin memorial", says nobody ever.
Most people are going to say, "That's the Superboy statue."
That's the confusion it'll cause. It will no long be a memorial to the tragically short life of a little boy. It's going to forever be remembered as a Superboy statue by everyone who'll forget about the details of his life and death in the future.
The Gutters had a great commentary about this. http://www.the-gutters.com/the-truth-amongst-the-outrage/
[ link to this | view in chronology ]
Re: DC isn't wrong in this case.
[ link to this | view in chronology ]
Re: Re: DC isn't wrong in this case.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
The truth of it.
I hate to get on my usual hobby-horse here, I feel very, very uncomfortable about it, but I also feel this is the only right time and place.
Next time anyone working for Big Business - whether it's a comics company, or a film studio, or TV or music or games or books - next time they start telling you how business is hurting, or how much artists are suffering and starving because of piracy, or second hand sales, or whatever else they're complaining about today, make sure you remember this moment.
You remember how a community wanted to honour a dead child and Big Business responded with absolute, cold contempt.
His name was Jeffrey Baldwin.
He deserved better than the scum who work for DC Comics.
[ link to this | view in chronology ]
Re: The truth of it.
On the one hand, I applaud the fact that they have listened to criticism and changed their policy, if only in this one instance. They are, presumably, not a completely lost cause.
On the other hand, there's no other hint that those who made that first decision are any less heartless, soulless and callous than they were yesterday - or inclined to give the slightest second thought to their decision if bad PR hadn't forced the issue.
Time will tell if they have learned anything, if they intend to be better people than they have been, or if the reconsideration is as forced and begrudged as I suspect. For now, my contempt is lessened a little.
The dead child will get his memorial, his community will have a permanent reminder not to turn their eyes away from abuse and neglect - and perhaps, with luck and vigilance, fewer children will suffer and die, thanks to that reminder.
Thanks to DC for finally allowing it.
RIP, Jeffrey Baldwin.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
You are correct, you cannot help Jeffery, but a reminder to help the boy down the street is certainly a good thing they can do. Making Jeffery the subject of that memorial and turning him into Superman by having the memory of what happened to him help other children is a very honorable thing to do.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Saying no requires no effort.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Letl DC Comics know what you think
http://www.dcentertainment.com/contact
You can fill out their short form, then there is a space to let them know your thoughts about this type of behavior.
I sent them a nice little note (along with a link to this article) asking if perhaps their legal department could stop being such a herd of jackasses and perhaps show a little humanity and compassion.
(I know, I know... humanity and compassion from a bunch of corporate lawyers).
I also let them know I would be posting this article to Reddit as I think it needs the widest possible amount of coverage.
Maybe some public scrutiny will cause them to act more like humans.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
http://www.ctvnews.ca/canada/superman-logo-allowed-on-memorial-sculpture-1.1905840
[ link to this | view in chronology ]
https://ca.news.yahoo.com/dc-entertainment-reverses-decision-gives-ok-superman-logo-160312672.ht ml
[ link to this | view in chronology ]
"I think they received a lot of backlash from their fans...They described it as a maelstrom of fan uprising," Boyce said.
[ link to this | view in chronology ]
Updated
[ link to this | view in chronology ]
Re: Updated
[ link to this | view in chronology ]
Re: Updated
THAT's the way to respond to something like this. It's not enough to defend a trademark, you have to defend your reputation.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
This proves a point.
They have NO soul.
They have NO compassion.
They have NO feelings - that means no guilt, no remorse, no sadness when they do horrific things.
Corporations aren't people, the only reason the decision was reversed - their bottom line, period.
Not a single executive @ DC cares one whit about anything but making more money.
[ link to this | view in chronology ]
So DC might be afraid of possible backlash should they loose those copyright/trademarks down the road, and the 'new' owners of the copyright/trademarks try to cash in on existing things.
Of course in this case, as I see it, this probably just is DC being an ass and trying to do everything they can to make money in the short term. **** the statue to a little kid.
[ link to this | view in chronology ]
It is far better to appear to be heartless dicks by turning down everyone, than to try and sift through the massive pile of requests they might get. They might approve the wrong one, or turn down one and there will be a media firestorm.
Like just happened.
DC survives on goodwill from the public, it seems that perhaps they lost touch with that fact. Sometimes it is worth the effort to have the lawyers vette something as worthy, instead of running around trying to crush someones drawing or fanfic.
[ link to this | view in chronology ]
If there was a small statue erected of a little boy with a Superman outfit on, most people who saw it would think “look at that statue of Superboy.” That doesn’t pay tribute to Jeffrey. That makes the story about something it’s not and for that reason alone, I can understand the decision that was made by DC Entertainment.
Even the artist and the gentleman who commissioned the statue, Ottawa resident Todd Boyce, seem to understand this, commenting “To be fair to DC, I don’t think they wanted to say no. I think they gave it serious thought.”
But what I see all over the internet, especially in the comics “media,” are stories and click-bait headlines that vilify DC with only a paragraph’s mention of Jeffrey.
I think that's a fair point.
[ link to this | view in chronology ]
unintended consequences
Won't somebody think of the children?
[ link to this | view in chronology ]
Superman logo
[ link to this | view in chronology ]