"U.S.Avengers": A Guide to Marvel's New Patriotic Superhero Team
Legal | An attorney who specializes in intellectual property takes a walk through an Artists Alley — and he doesn’t like what he sees: “Without exaggeration or hyperbole, 70-80% of the vendors and artists were selling infringing intellectual property (‘IP’).” He proceeds to list in detail not only the offenses but the misconceptions used to defend them. [Seth Polansky’s Blog]
Awards | Riad Sattouf’s graphic memoir Arab of the Future has won this year’s Los Angeles Times Book Prize in the graphic novel category. The first volume of a planned trilogy, Arab of the Future also won top honors at the Angouleme International Comics Festival two years ago. [Los Angeles Times]
Exhibits | The media got a first glimpse Wednesday in London of the “Impossible Collection (DC Chapter),” which features more than 1,000 DC classics, including the first appearances of Superman (Action Comics #1) and Batman (Detective Comics #27). It will go on a worldwide tour later this year. The collection is the property of Ayman Hariri, the son of former Lebanese prime minister Rafik al-Hariri, and it didn’t take him very long to amass it: He stared collecting after his father was assassinated in 2005, inspired by a drawing his father had done of Superman. [Reuters, The Upcoming]
The U.S. Supreme Court this morning declined to review a ruling that the Batmobile isn’t merely an automobile, but rather distinctive enough to warrant copyright protection.
Mark Towle, who previously created unlicensed replicas of the 1966 and 1989 Batmobiles, petitioned the high court in January to consider his five-year-old dispute with DC Comics. The company had sued Towle in 2011, claiming his Gotham Garage violated its trademarks and copyrights by manufacturing the replicas, which he sold for about $90,000 each.
A judge has ruled that a lawsuit over the design for the “Iron Man” armor — which prosecutors Ben Lai and Ray Lai say is based on designs from their independent comic, “Radix” — has no place in the Massachusetts courts.
According to The Hollywood Reporter, Disney and Marvel are protected from the lawsuit because state-level judge Denise Casper has decided the matter doesn’t belong in the Massachusetts courts. Casper said, “…the claims lack relatedness to his state with no specific allegations tying transactions, creations or marketing to Massachusetts.”
A manufacturer of unlicensed Batmobile replicas has petitioned the U.S. Supreme Court to determine whether Batman’s signature vehicle is indeed protected by copyright.
Towle, who produced replicas of the 1966 and 1989 Batmobiles that sold for as much as $90,000 each, was sued in 2011 by DC, which claimed copyright and trademark infringement, trademark counterfeiting and unfair competition. Towle had argued that the U.S. Copyright Act doesn’t protect “useful articles,” defined as objects that have “an intrinsic utilitarian function” (for example, clothing, household appliances or, in this case, automobile functions); in short, that the Batmobile’s design is merely functional.
A Massachusetts cartoonist has been charged with fraud and perjury stemming from his failed 2011 copyright-infringement lawsuit against DreamWorks Animation involving the 2008 blockbuster Kung Fu Panda.
According to an indictment unsealed just before Christmas by the U.S. District Attorney in Boston, artist Jayme Gordon claimed the studio had stolen the characters and story for the 2008 blockbuster, and filed a lawsuit “as part of a fraud scheme designed to obtain a multi-million-dollar settlement” from the company.
Publishing | French satirical magazine Charlie Hebdo will release a special double-size issue on Jan. 6 commemorating the one-year anniversary of the jihadist attack on its Paris office by that left 12 people dead. One million copies will be produced of the issue, which will feature drawings by the cartoonists killed in the massacre, as well as illustrations by current staff members. A special “survivors issue” released after the attack sold 7.5 million copies worldwide. [The Guardian]
Manga publisher Viz Media has issued a statement reaffirming its stance on digital piracy following the arrests in Japan of four men accused of illegally uploading a chapter of One Piece to a scanlation website.
Police in Japan say a delivery company employee stole a copy of Weekly Shonen Jump while it was en route from the printer to the retailer and sold the magazine to three other men, who then uploaded the comic to an English-language pirate site. Here’s Viz’s statement:
Legal | Japanese police have arrested three men on copyright violation charges, alleging they scanned and uploaded a chapter of One Piece from Weekly Shonen Jump to mangapanda, an English-language scanlation site. Police also arrested an employee of a delivery company who allegedly got his hands on a copy of the magazine at some point on its way from the printer to the newsstands and handed it over to the scanners. All four men are denying any wrongdoing. The Japanese newspaper Yomiuri Shimbun, which first reported the news, said this is the first time action has been taken regarding a foreign-language website. [Anime News Network]
Legal | A Judge Dredd comic that makes fun of McDonald’s and Burger King is finally being reprinted in a collection, thanks to a change in the European Copyright Directive, which now allows creators to use copyrighted characters if the intent is clearly parody. In the “Burger Wars” story, first published in 1978, Judge Dredd is captured on a trip to the United States and force-fed fast food; the story includes images of Ronald McDonald and the McDonald’s logo. Another story, “Soul Food,” has a mad scientist creating versions of the Jolly Green Giant and the Michelin Man. Ben Smith of Rebellion Publishing says fans have been asking for years for these story to be reprinted in their collected editions, but they were held back for fear of legal action. When the law was changed, Smith said, they took another look: “It was like a light bulb went on. We thought: ‘Surely this means we can look at Burger Wars?’ We looked into it and here we are. This is straight-out pastiche, parody and arch satire. There didn’t seem any reason not to bring them to the public again.” [The Independent]
Disney, Marvel and Lucasfilm have joined with Sanrio to stop a company from selling unlicensed cake frosting featuring their incredibly lucrative properties.
As first reported by THR, Esq., the entertainment giants filed a trademark- and copyright-infringement lawsuit against George and Danielle Wilson, whose Wilson Cake Imaging offers printed, edible frosting sheets and cake toppers depicting a wide range of characters and performers.
The Pokémon Company International filed a lawsuit last week that shut down an unsanctioned Pokémon-themed party tied to PAX Prime in Seattle.
The company, which manages the multibillion-dollar Pokémon property outside Asia, on Wednesday sued the organizers of the for-profit “5th Annual Unofficial Pokemon PAX Kickoff Party,” accusing them of copyright infringement, specifically citing the use of Pikachu and Snivy in promotional images. Ramar Larkin Jones, Zach Shore and Ruckus Productions are named as defendants in the complaint.
Legal | Game company SNK Playmore has dropped its charges against manga publisher Square Enix and will allow the manga Hi Score Girl to use its characters without penalty. Last year, SNK filed a criminal complaint against Square Enix, charging that the manga, a comedy about gamers, included more than 100 instances of unauthorized use of SNK Playmore’s characters. As a result, serialization of the manga was suspended while police pursued charges against 16 of the people involved in its publication. Today, Square Enix announced that the two companies have reached an agreement: SNK Playmore has dropped its claim, and the two companies will work together with regard to sharing their characters. [Anime News Network]
Legal | Anime and manga fans in Japan are raising concerns that a proposed provision in the Trans-Pacific Partnership would threaten the existence of doujinshi, fan-made comics that are often parodies of commercial manga. Many established manga creators cut their teeth on doujinshi (and some return to it even after their series hit the big time), and the biggest comics expo in the world, Comiket, is devoted to doujinshi. The works are self-published and made in small batches, sold to fellow enthusiasts at large and small conventions, and Japanese publishers generally ignore them. Under current Japanese law, only the rights holder can bring a copyright complaint, but the TPP would allow complaints from third parties, including the creator of a rival doujinshi. “If creators can be prosecuted without complaints from rights holders, it could lead to some kind of snitching battle between fans,” said Negima creator Ken Akamatsu, himself a former doujinshi-ka. “Places for people to share their work will also disappear.” [The Japan News]