How one copyright disagreement in comics helped establish fair use in publishing practice

Copyright and fair use are each ideas with long support among people, as well as frequent lines crossed—roots of 'behavior' exhibited on either side we might consider planted so as to retain utmost creative freedoms while securing proper credits for work done.

When we recognize the significance of economic and social opportunities in the relay of creativity and social learning, it stands to reason—especially during an era which was comparably challenged in its mass communications reach—that there would be a drive to emulate that which was successful in one city, and as such apply it in another.

Who was "Karls" (aka Ralph Hershberger) and how does his doppelganger experience in the publishing industry inform modern copyright practices? 

The "Ask the Archivist" column at Comics Kingdom touches on this idea that untended market creates space for creative offerings of the kind that are a known success yet unavailable to those in overlooked or economically-barred markets. Of note, "Karls"—aka Ralph A. Hershberger—the professionally successful cartoonist who made his start at a city daily newspaper. 

The rub? Hershberger's artistic work was based largely on the successful project of another artist. 

However, it wasn't to be considered copyright thievery. As reported in the CK Archivist article, a settlement between two parties (involved in a lawsuit that did not involve Hershberger) determined that "law allowed a doppelganger version, with minor adjustments". 

So it remains, constant line in the sand at which creatives collect like ants on a trail . . . because in isolation, only minor discovery is found. 

PD Image via Bing