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Differences are subtle. OG Superman couldn't fly, that's where we got the whole "leap tall buildings at a single bound" and so on.
Flying was added for the Fleischer Brothers cartoons from '41 to '43, which, oddly, are already public domain.
Are superpowers protected under copyright tho? I think its just image/likeness
Absolutely no clue...
Once the superheroes start to go it gets weird, because at some point the likeness is the least of the issues there. You'd probably want to redesign the costume anwyay. Once you can publish stories with Superman or Batman and use the names and at least some of the core cast why stick to the rest of the package, given how constantly it cycles.
Only it's all still going to be a minefield. Famously the Sherlock Holmes guys were out there trying to sue Netflix for having their Holmes be too emotional, which they argued was still protected. I mean, they lost, but outside of the fan productions that already exist are you gonna bet your business on that?