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I think the Fox version is in public domain, but DC owns the Charlton version of the Fox version, so they can use him as they wish. I believe when Charlton revised the character in the 60s they gave Dan Garett another "T" and he became Dan Garrett, and went from a comic with a secret formula to an archeologist with a magic scarab amulet. And then of course they killed Dan and brought in Ted Kord.
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