Legal aspects of the ownership of a superhero identity

A question often asked within the complex superhero narrative is ‘who is the person under the mask?’, and given the narrative implications, it remains a valid question (if not a dated plot). However, the question then arises, of who actually owns the mask, or rather the overall super heroic identity. In a multiverse of Spider-men and Batman expanding his reach through Batman Inc, the question of how intellectual property law applies to these vigilantes/ pillars of justice must be addressed. At the same time, this mirrors real world implications of ownership through the use of licensed use such as Conan and the Savage Avengers, or derivative use, homages, parodies, or pastiches of existing heroes. How does the real world legal landscape provide regulation on such issues? And can this be adapted to within the continuity of superheroes?This Chapter seeks to examine and outline how the legal aspects of the ownership of a superhero identity can be protected through intellectual property law within the continuity of a publisher, and how this process can operate maintaining the secret identity of the hero at the hear of the issue. In this connection, this chapter examines the narrative implications of such approach to intellectual property. At the same time, this Chapter will examine the issue of how the use and protection of the superhero identity can shape the internal narrative from the publishing and real-world context, as well as broader questions of likeliness rights through licensing and similar agreements.