"Agents of SHIELD's" Edward James Olmos Talks Instigating Mutiny and the Real SHIELD
The U.S. Supreme Court this morning declined to intervene in the copyright dispute between the Joe Shuster Estate and DC Comics, effectively ending the long, and frequently bitter, battle over who owns Superman.
By denying the estate’s petition, the justices let stand a November 2013 ruling by the Ninth Circuit that Shuster’s nephew is prevented by a 1992 agreement with DC from reclaiming the artist’s stake in the first Superman story under a clause of the 1976 U.S. Copyright Act.
At issue was a now 22-year-old deal in which the Shuster estate relinquished all claims to the property in exchange for “more than $600,000 and other benefits,” which included paying Shuster’s debts following his death earlier that year and providing his sister Jean Peavy and brother Frank Shuster with a $25,000 annual pension. In October 2012, U.S. District Judge Otis D. Wright found that the agreement invalidated a copyright-termination notice filed in 2003 by Shuster’s nephew Mark Peary. Less than three months later, the Ninth Circuit overturned a 2008 decision granting the heirs of Jerry Siegel the writer’s 50-percent share of the copyright to the first Superman story in Action Comics #1.
Law.com has an interesting follow-up to the surprise settlement last week in the five-year-old legal battle between Marvel and Jack Kirby’s heirs, noting that the larger copyright issue at its center remain unresolved.
The children of the legendary artist filed 45 copyright-termination notices in September 2009, seeking to reclaim what they saw as their father’s stake in such Marvel characters as the Avengers, the X-Men, the Fantastic Four and the Incredible Hulk. Marvel, joined by its then-new parent company Disney, responded with a lawsuit, setting the dispute down a path that ultimately saw the Second Circuit Court of Appeals affirm Kirby’s contributions to the publisher between 1959 and 1963 were “work for hire,” and therefore not subject to copyright termination.
Under a clause in the 1976 U.S. Copyright Act, which extended the duration of copyright, authors or their heirs can reclaim rights transferred before 1978 after a period of 56 years. However, if a work is determined to be “for hire,” meaning it was created by an employee as part of his employment or specially commissioned as part of a larger work, then the publisher (or movie studio, record label, etc.) owns the copyright, and it is not subject to termination.
Legal | The estate of Arthur Conan Doyle has petitioned the U.S. Supreme Court seeking to overturn a June decision by the Seventh Circuit affirming that the 50 Sherlock Holmes stories published before Jan. 1, 1923, have entered the public domain. The estate had long insisted licensing fees be paid for the characters and story elements to be used in movies, television series and books, but author, editor and Holmes expert Leslie Klinger refused to fork over $5,000 for an anthology of new stories. In a series of legal defeats, the Doyle estate not only lost any claim to the stories but had to endure stinging public reprimands by Judge Richard Posner, who labeled the licensing fees as “a form of extortion” and praised Klinger for performing a “public service” by filing his lawsuit.
In its petition to the high court, the Doyle estate continues to cling to its argument (gleefully dismantled by Posner) that Holmes is a “complex” character that he was effectively incomplete until the author’s final story was published in the United States; therefore, the entire body of work remains protected by copyright. Hoping to draw the interest of the justices, the estate points to a circuit split on the matter of extending copyright. The lawyers also repeat the unsuccessful argument that Klinger’s case shouldn’t have been heard until after his book was published. In June, Supreme Court Justice Elena Kegan refused to issue a stay to prevent the Holmes stories from officially entering the public domain. [TechDirt]
A 27-year-old Japanese man has been charged with copyright infringement after he allegedly uploaded the 37th volume of Kentaro Miura’s action-fantasy manga Berserk without permission.
According to Crunchyroll, Fukuoka Prefectural Police’s Anti-Cyber Crime Division and its East station arrested the unemployed Kaga City resident on Wednesday, saying he used the file-sharing software Share on April 28 to upload the manga. He’s also accused of illegally uploading music.
On the same day, Miyagi Prefectural Police’s Consumer and Environmental Protection Division and its Shiogama station arrested a 44-year-old office worker who’s accused of illegally uploading volumes of the manga OK-ON!, Tennen Joshi-kō Monogatari, Jo-Kura no Okite, Kanban Musume wa Sashiosae and Working!! on May 5.
Police confiscated his personal computer and other property; the man allegedly admitted to the crime.
Illegally uploading manga in Japan is punishable by as many as 10 years in jail or a fine of about $98,000.
Bristling for a fight with Disney over its bid to prevent him from trademarking his signature mouse-head logo, DJ/producer Deadmau5 has wasted no time in returning fire.
Rolling Stone reports the progressive-house performer is accusing the entertainment giant of using one of his songs in an animated short without permission. Linking to a Disney.com video featuring footage from classic Mickey Mouse cartoons set to the tune of Deadmau5’s 2009 track “Ghosts ‘n’ Stuff,” the DJ tweeted, “Okay mouse, I never gave Disney a liscene [sic] to use my track. So. we emailed you a C&D.”
Comics | Vincent Zurzolo of Metropolis Collectibles explains why he and his partner Stephen Fishler were willing to pay a record $3.2 million last month for a pristine copy of Action Comics #1: “We feel very confidently this was a good price and that we will be able to sell this for a profit. We really believe in the strength of the comic book market and that it has a long way to go.” Zurzolo also talks about how he built up his business, starting out selling comics at conventions at the age of 15. [The Hollywood Reporter]
Legal | More trouble for Square Enix over the gamer manga Hi Score Girl: Publication was suspended last month following allegations the series, which runs in the Japanese magazine Monthly Big Gangan, had used characters owned by the game company SNK Playmore without permission. Now it turns out Square Enix asked permission from Sega to use characters from its Virtua Fighter game, but then went ahead and published the story before permission was granted. Sega executives “strongly objected” but took no further action and did grant the permission, reasoning it would be good publicity for the game. [Anime News Network]
Legal | The Japanese magazine Monthly Big Gangan has put the series Hi Score Girl on hold following allegations by the game company SNK Playmore that the manga is using its characters without authorization. The publisher, Square Enix, already recalled the five volumes of the series published so far and stopped releasing the manga digitally. [Anime News Network]
Creators | Gail Simone and Ethan Van Sciver talk about bringing Wonder Woman to Gotham City in their two-part story for DC Comics’ new digital first anthology Sensation Comics Featuring Wonder Woman. [Hero Complex]
Creators | Sonny Liew, creator of Malinky Robot and the artist of The Shadow Hero (written by Gene Luen Yang) was born in Malaysia, went to school in Singapore, then went to college in the United Kingdom and art school in the United States on his way to becoming a comics creator. There wasn’t much of a homegrown comics scene when Liew was growing up, so he read mostly imports, but that’s changing, and his newest project is an anthology featuring creators from the region. [The Malay Mail]
Legal | Japanese publisher Square Enix is voluntarily recalling all volumes Hi Score Girl and has suspended its digital distribution and sales following allegations the manga contains more than 100 unauthorized uses of characters owned by the game company SNK Playmore. However, the series will still continue to run in the monthly Big Gangan magazine, and a Square Enix spokesperson said the publisher isn’t admitting to the allegations. The publisher sent mixed signals on whether the anime adaptation in development will continue as planned. The manga also contains characters from games produced by CAPCOM, Sega and Bandai Namco, all of whom confirmed to IT Media that they had granted permission. [Anime News Network]
Widely ridiculed this week for filing copyright takedown notices and threatening legal action against a blog that criticized his artwork, Darkchylde creator Randy Queen now acknowledges his response “was the wrong one to take.”
“I have been having a very hard time in my personal life with the loss of my mother and my marriage having fallen apart and found myself in a very vulnerable and fragile state of mind,” he explained this morning in a Facebook post. “There were posts on the web criticizing my artwork that were brought to my attention and added to my stress. I reacted without thinking it through, but have now stopped, realizing my response was the wrong one to take. I am doing my best, each day, to get myself back on my feet and getting my life in a better place and realize now that I have just try to move on and get back to my art, the thing I find the most joy in these days. I want to thank those professionals, friends and family who have been giving me their support, understanding and love.”
Queen had taken exception to critiques of some of his Darkchylde work on Escher Girls, a blog devoted to examining the way women are depicted in “illustrated pop media,” including comics. He sent Digital Millennium Copyright Act takedown notices to Tumblr alleging copyright infringement in nine posts containing his covers. Entire posts, rather than just the images, were removed by the company.
The Osaka police on Tuesday searched the Tokyo offices of game and manga publisher Square Enix as part of an investigation of alleged copyright violations.
The video game company SNK claims the manga Hi Score Girl, by Rensuke Oshihiri, contains more than 100 unauthorized uses of characters from its games, which include King of Fighters and Samurai Spirits. In addition to investigating materials confiscated from Square Enix headquarters and other offices, the police plan to question both Oshihiri and the editor of the series.
Serialized in Big Gangan magazine since 2010, Hi Score Girl is a romantic comedy involving two avid gamers, set during the 1990s 2D gaming boom. The collected editions list the owners of properties referenced in the story, including SNK, with a copyright mark, suggesting permission was given, but when SNK was contacted by a production company that planned to produce an anime adaptation, they determined the use was unauthorized.
SNK sent out a press release early today saying it had asked Square Enix to stop selling the manga but did not receive a “sincere response,” so the company filed criminal charges. The case is being investigated by the Osaka Police’s Consumer and Economic Crime Division.
Legal | A former Marvel intern has filed a class-action lawsuit against the company, alleging he was incorrectly classified and unfairly denied “minimum wages.” Kenneth Jackson of Lancaster, Pennsylvania, claims he’s owed back pay for the work he performed for Marvel from August 2008 to December 2008, and seeks to include in his motion “all similarly situated persons who are presently or formerly employed by Marvel Entertainment, LLC.” [TheWrap]
Passings | Pran Sharma, the creator of the Indian comics character Chacha Chaudhary, died late Tuesday of complications from cancer. He was 75. The first comic featuring Chacha, “a wise old man who solves problems with his sharp intellect,” was published in 1971, and the character went on to star in his own comics and animated series. Sharma also created the teenage character Billoo. “If I could put a smile on the face of the poor, I would consider my life successful,” he once said. [The Wall Street Journal]
Darkchylde creator Randy Queen faces growing online criticism after he filed copyright takedown notices to remove a series of Tumblr posts critical of his work, and then threatened legal action when the blog’s owner publicized his actions.
Operated by Ami Angelwings, Escher Girls is devoted to critiquing the way women are depicted in “illustrated pop media,” including comics. On Saturday, she revealed Queen had sent Digital Millennium Copyright Act takedown notices to Tumblr alleging copyright infringement in nine posts containing his covers. Entire posts, rather than just the images, were removed by the company.
“To date,” she wrote, “Mr. Queen is the only artist who has taken this kind of action” against Escher Girls. She later offered an update, saying the Darkchylde artist had attempted to have that post removed as well.
Queen reportedly followed that with an email to Escher Girls threatening to sue for defamation:
In June, Judge Richard Posner gleefully dismantled the Arthur Conan Doyle estate’s case, and confirmed the bulk of the Sherlock Holmes stories belongs to the public domain. However, it turns out he wasn’t quite finished.
As Hollywood, Esq., reports, today the appellate court judge ordered the estate to pay more than $30,000 in legal fees to author Leslie Klinger — and he took the opportunity to get in a few more licks.
Although 50 Sherlock Holmes stories were released before Jan. 1, 1923, the Doyle estate long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Most, including Warner Bros., BBC and CBS, complied, but Klinger — an author, editor and Holmes scholar — refused to pay $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.
A federal judge in Colorado has awarded Disney $239,941 in attorney fees in one of its legal battles with Stan Lee Media over the rights to the Marvel characters co-created by Stan Lee — half of what the entertainment giant was seeking.
Law360 reports that U.S. District Judge William J. Martinez on Thursday admonished Disney’s attorneys for requesting $461,882, which he found “grossly excessive,” while also maintaining that Stan Lee Media was unreasonable in its pursuit of copyright claims after three other courts already determined there was no legal basis for the suit.
“It shocks the court’s conscience that defendants would bill almost half a million dollars, or 900 hours, on a case with minimal discovery that was resolved on a motion to dismiss,” the judge wrote.
It was Martinez who in September granted Disney’s motion, dismissing Stan Lee Media’s 2012 copyright-infringement lawsuit and saying it would be “futile” to permit the failed dot-com — which has had no connection to its co-founder and namesake for more than a decade — to amend its claim.
Legal | Attorney Tom Goldstein, co-founder of the respected SCOTUSblog, has joined with Marc Toberoff to represent the heirs of Jack Kirby in their appeal to the U.S. Supreme Court of the Second Circuit’s affirmation that the artist’s contributions to Marvel between 1958 and 1963 were work for hire and therefore not subject to copyright termination. In a response filed this week to Marvel’s brief urging the high court to decline review, Goldstein and Toberoff again challenge the Second Circuit’s “instance and expense” test and its definition of “employer,” and argue, “Many of our most celebrated literary and musical works were created before 1978 and signed away to publishers in un-remunerative transactions. Termination rights were ‘needed because of the unequal bargaining position of authors.’ It would be hard to find a better example of this than the prolific Jack Kirby, who worked in his basement with no contract, no financial security and no employment benefits, but without whom Marvel might not even be in business today.” [Hollyqood, Esq.]
Retailing | Memo to politicians: You don’t win friends and influence people by taking up five spots in a comic store’s parking lot with your campaign bus on a Wednesday — especially when it’s Batman Day. [The Clarion-Ledger]