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SDCC | Mike Mignola’s poster for ‘Toy Story That Time Forgot’

toy-story-mike-mignola-crop

TVLine has unveiled Mike Mignola’s poster for the ABC holiday special Toy Story That Time Forgot, which will given away Thursday to attendees of the presentation at Comic-Con International.

Set after the events of Disney/Pixar’s Toy Story 3, the animated special sends the gang into uncharted territory during a post-Christmas play date as the coolest set of action figures ever turns out to be dangerously delusional.

The Comic-Con panel will be at 11:15 a.m. Thursday in Room 6A. Afterward a special autograph session will be held at the ABC booth.

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Marvel asks Supreme Court to deny Kirby heirs’ petition

marvel logoMarvel has urged the U.S. Supreme Court not to review a petition from the heirs of Jack Kirby in a copyright-termination dispute that could have implications beyond comics, extending into film, music and publishing.

In papers filed Monday with the high court, and first reported by Deadline, Marvel insists the case doesn’t “remotely merit” review, as, “It implicates no circuit split, no judicial taking, no due process violation, and no grave matter of separation of powers.”

Kirby’s heirs have argued, so far unsuccessfully, that the legendary artist’s contributions to the publisher between 1958 to 1963 — among them, the X-Men, the Avengers, the Fantastic Four and the Incredible Hulk — weren’t produced as “work for hire” and, therefore, are subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim rights transferred before 1978. Marvel and Disney dispute that claim, saying Kirby’s output was indeed work for hire, a position supported in 2011 by a federal judge and last year by the Second Circuit Court of Appeals.

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Hollywood guilds join push for Supreme Court to hear Kirby case

jack kirbyThree organizations representing Hollywood actors, directors and screenwriters have thrown their weight behind an effort to convince the U.S. Supreme Court to hear an appeal by the heirs of Jack Kirby that could have ramifications far beyond Marvel and the comics industry.

The case, as most readers know by now, involves the copyrights to the Avengers, the X-Men, the Fantastic Four, Thor and other characters created or co-created by Kirby during his time at Marvel in the 1960s. The artist’s children filed 45 copyright-termination notices in September 2009, seeking to reclaim what they believe to his stake in the properties under the terms of the U.S. Copyright Act. Marvel responded with a lawsuit, which led to a 2011 ruling that Kirby’s 1960s creations were work for hire and therefore not subject to copyright reclamation. The Second Circuit Court of Appeals upheld the decision in August 2013, which brings us to the Kirby family’s petition to the Supreme Court.

According to The Hollywood Reporter, the Screen Actors Guild-Federation of Television and Radio Artists, the Directors Guild of America and the Writers Guild of America have filed an amicus (“friend of the court”) brief that insists the Second Circuit’s ruling “jeopardizes the statutory termination rights that many Guild members may possess in works they created.”

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Disney merchandise rang up a record $40.9 billion in 2013

disney-licensing expo

Characters from Disney, Pixar, Marvel and Star Wars appeared together on stage Monday for the first time ever as the entertainment giant touted its powerhouse brands ahead of the Licensing Expo in Las Vegas.

According to Variety, Disney is once again the world’s top licensor, with a record $40.9 billion in retail sales last year, up from $39.4 billion in 2012. With looming films like Guardians of the Galaxy, Big Hero 6 and The Avengers: Age of Ultron, based on Marvel comics, the live-action Cinderella and Star Wars: Episode VII, plus the Star Wars Rebels animated television series, that seems unlikely to change in the near future.

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Comics A.M. | Happy 80th birthday, Donald Duck

Donald Duck

Donald Duck

Pop culture | Eighty years ago today, Donald Duck was introduced as a supporting character in the animated short “The Wise Little Hen,” part of Walt Disney Productions’ Silly Symphonies series. His comic strip debut came a few months later, in an adaptation of the short by Ted Osborne and Al Taliaferro that ran in Sunday newspapers between Sept. 16 and Dec. 16. To mark the milestone, the National Turk publishes “a love letter to the duck,” while The Telegraph offers 10 surprising facts about the character. [National Turk, The Telegraph]

Political cartoons | The South African cartoonist Zapiro, himself no stranger to controversy, said the Eyewitness News cartoon depicting the South African legislature and the people who voted for them as clowns (and calling the voters “poephols,” or idiots) was a mistake. “I think the EWN cartoonists made a big error in the way they depicted the voters, what they called them and the shadow in the bottom corner, which could be misconstrued as meaning black voters,” he said. “They should have – and the editors of EWN should have – picked it up. But, they have apologised and anything that goes beyond that now is just bandwagoning by politicians.” Meanwhile, a fake Zapiro cartoon made the rounds on social media over the weekend. It’s based on a real 2002 cartoon that showed doctors finding the brain of then-president George W. Bush while giving him a colonoscopy; the fake cartoon substitutes South African President Jacob Zuma, who went into the hospital over the weekend. [Times Live]

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Is Rocket Raccoon poised to become Marvel’s Mickey Mouse?

guardians1As Marvel prepares for the August premiere of its biggest movie gamble to date, Guardians of the Galaxy, we’ve seen its publishing division reposition what once was an oddball, third-tier concept as a first-rate, if still oddball, franchise, first with the flagship title written by Brian Michael Bendis and next with Rocket Raccoon by Skottie Young.

As interesting as that transformation may be, I’m utterly fascinated by how Marvel’s parent company Disney has gone all in on merchandising an adaptation of a comic that, this time last year, no one outside fan circles had ever heard of. Granted, with the production budget for Guardians of the Galaxy in the neighborhood of $150 million (and probably nearly that much for marketing), the studio can’t afford to be timid.

Still, Disney Consumer Products has lined up more than 50 licensees, from Hasbro and LEGO to Mad Engine and Freeze, for what it views as Marvel’s Next Big Thing, at least as far as merchandise is concerned.

“It is always exciting to launch something new in consumer products, as we did with Iron Man in 2008,” Paul Gitter, senior vice president of licensing for Marvel at Disney Consumer Products, said in a statement. “By showcasing what is unique about this amazing new film we are able to develop a third Marvel franchise that can be at retail alongside our powerhouse franchises of The Avengers and Spider-Man. Continuing to diversify the Marvel offerings for consumers is a key strategy of ours.”

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The Fifth Color | Part of your world

is that a Sideshow Collectibles Prince Eric Statue?!?

is that a Sideshow Collectibles Prince Eric Statue?!?

This is a weird analogy, but the more I think about it, the more it makes sense: While cruising YouTube, I found a review of the 1989 Disney classic The Little Mermaid that mentions, off-hand, how Ariel is a huge fangirl of human culture: She has big cave of collectibles that could be featured in ROBOT 6′s “Shelf Porn,” her father doesn’t really get what his youngest daughter is “in to” and dramatically objects when her fandom starts to take over her responsibilities. She’s obviously passionate about human life and culture, and while she might not have all the facts right, her enthusiasm is infectious.

(Quick aside: I’m going to replace “fangirl” with “fanatic” instead, as being enthusiastic and a little immature is not limited to a girl’s fancy. From Cheeseheads to Deadheads, everyone can look a little stupid for something they love. You know who’s just as annoying to me as the mobs of women lusting over Robert Pattinson? The dude that screams “I LOVE YOU, SCARLETT!” at every midnight showing of a Marvel film featuring Black Widow. DUDE. SHE CAN’T HEAR YOU. So, yes, let’s just call them fanatics for whatever — and whoever — they love, because everyone gets a little goofy sometimes. Moving on …)

Fanatic Ariel loves human culture and swims about in her cave of collectibles, longing to take her fandom to the next level. Cue song. And while she might not be the best role model in the Disney Princess lineup, her story does have some empowering lessons all fans could learn.

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Supreme Court to decide next week whether to hear Kirby case

kirby-kirby4heroesThe U.S. Supreme Court will debate in a private conference on May 15 whether to weigh in on the five-year copyright battle between Jack Kirby’s heirs and Marvel/Disney, Deadline reports.

The odds are against the artist’s children, as the Supreme Court receives about 10,000 petitions each year, but hears oral arguments in only about 75 to 80 of those cases. However, if the Justices decide to take up the case, oral argument will be scheduled later this month for the court’s next session.

The Kirby family filed a petition with the high court on March 21 arguing “it is beyond dispute” that the artist’s Marvel output between 1959 and 1963 was not produced as “work for hire” and, therefore, is subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim rights transferred before 1978.

That appeal followed an August decision by the Second Circuit upholding a 2011 ruling that Kirby’s Marvel works were indeed made at the publisher’s “instance and expense” and, therefore, fell under “work for hire.” As such, the courts found, the 45 copyright-termination notices the artist’s heirs filed in 2009 for such characters as the Avengers, the X-Men, the Fantastic Four and the Incredible Hulk were invalid.

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‘Frozen’s’ ending just needed a few more mutants

frozen-xmen

With a $1.1 billion global box office and a certified-platinum soundtrack, Disney‘s Frozen is more that a blockbuster — it’s a pop-culture phenomenon. However, the folks at How It Should Have Ended found the animated film lacked a certain … something. Namely, an appearance by X-Men.

After all, where better than Xavier’s School for Gifted Youngsters for Elsa to learn more about her powers — and, of course, organize the joint faculty-student chorus?

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Three interesting Marvel tibits from that ‘Businessweek’ profile

businessweek-marvelBloomberg Businessweek‘s profile of Marvel Studios President Kevin Feige, timed to coincide with the release this week of Captain America: The Winter Soldier, naturally focuses on the film division, but it also drops some fascinating nuggets about the company’s corporate culture and the 2009 purchase by Disney.

• “In March, Feige gave me a tour of Marvel Studios at Disney headquarters in Burbank, Calif.,” writes Devin Leonard. “The offices are furnished like a college dormitory, with threadbare couches. The hallways are decorated with cardboard superheroes hawking Pizza Hut and Burger King. There’s barely enough room in Feige’s office for a replica of Thor’s hammer.” While that description may come as a surprise to some, Marvel CEO Isaac Perlmutter has a well-established reputation as a penny-pincher, reusing paper, limiting the number of coffee pots and even fishing paperclips out of trashcans.

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Jack Kirby’s heirs take Marvel copyright fight to Supreme Court

Jack KirbyClaiming an appeals court “unconstitutionally appropriated” Jack Kirby’s copyrights and gave them to Marvel, the late artist’s heirs have taken their fight with the comics publisher to the U.S. Supreme Court.

In a petition filed March 21, and first reported by Law 360, Kirby’s children argue “it is beyond dispute” that the artist’s Marvel work between 1959 and 1963 was not produced as “work for hire” and, therefore, is subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim copyrights transferred before 1978.

The appeal follows an August decision by the Second Circuit upholding a 2011 ruling that Kirby’s Marvel works were indeed made at the “instance and expense” — that term plays a significant role in the heirs’ petition — with the publisher assigning and approving projects and paying a page rate; in short, they were “work for hire.” As such, the courts found, the 45 copyright-termination notices the artist’s heirs filed in 2009 for such characters as the Avengers, the X-Men, the Fantastic Four and the Hulk were invalid.

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Comics A.M. | CCS to offer masters in applied cartooning

The Center for Cartoon Studies

The Center for Cartoon Studies

Academia | The Center for Cartoon Studies in White River Junction, Vermont, is adding a masters of fine arts degree in applied cartooning that will allow students to focus on using the comics medium for journalism, medicine, business and other fields. [Valley News, press release]

Creators | With the arrival of the second issue of The Sandman: Overture, Neil Gaiman talks about the joy of writing the first series and returning for this one, why he chooses to pen a story as a comic rather than a novel, and how his process differs as well: “When I’m outlining a comic, I write down the numbers 1 to 24, and I jot down what’s happening on each page, because I have to think of things in terms of pages, and double-page spreads. In a novel, if I want to move a scene, I just cut and paste. In a novel, it’s a completely different conversation.” [CNN]

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Avengers Super Heroes Half Marathon filling up quickly [Updated]

avengers half-marathon

Registration opened this morning for runDisney’s inaugural Avengers Super Heroes Half Marathon Weekend, and it’s nearly sold out already. You’d almost think this was Comic-Con International.

Announced last month, the Nov. 14-16 event brings runners to Disneyland in Anaheim, California, for kids races, a 5K, a half marathon, a pre-race pasta party featuring the Marvel characters and a merchandise expo. It marks the first such collaboration since Disney acquired Marvel in 2009.

At the time of this post, the kids races and Avengers 5K were sold out, with the Avengers Half Marathon at 98 percent; there’s still a little room at the pasta party, however.

Update (11:25 a.m.): And just like that, the Avengers Half Marathon is sold out.

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Disney demands an end to Stan Lee Media ‘frolic’

disney-marvel-logoFrustrated by what it calls Stan Lee Media Inc.’s “vexatious litigation,” Disney asked a federal judge on Friday to “end this SLMI-financed frolic and detour once and for all.”

Filed in federal court in Philadelphia, and first reported by Deadline, Disney’s reply is the latest volley in what began last summer as a relatively straightforward lawsuit against the Lancaster, Pennsylvania-based American Music Theatre, which was accused of using unlicensed elements from Spider-Man, Mary Poppins and The Lion King.

However, as the media giant’s attorneys later noted, that “simple case” was “transmogrified” with the surprising assertion that the theater had licensed Spider-Man … from Stan Lee Media, which was named in a third-party counterclaim (it should be noted the license was obtained after Disney filed suit).

The failed dot-com, which hasn’t been connected to its co-founder and namesake in more than a decade, in turn sued Disney on Feb. 7, seeking a jury trial regarding ownership of Spider-Man, and, presumably, other characters co-created by Stan Lee. Disney responded with a motion to dismiss, which was of course opposed by SLMI; the company maintains none of the previous court cases has directly addressed ownership of the characters.

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Comics A.M. | Stan Lee Media, Spider-Man & ‘litigation finance’

Spider-Man

Spider-Man

Legal | Those wondering how Stan Lee Media can possibly afford its long, and so far entirely unsuccessful, legal battle with Marvel and Disney may want to read this brief Wall Street Journal article about “litigation finance” — which it characterizes as the growing practice of investing in lawsuits. However, pointing to the fight over the rights to Spider-Man and other characters, writer Rob Copeland points out there are high risks: namely, that investors could never see financial return. As we’ve noted before, Stan Lee Media’s efforts are backed by a group of investors that includes the $21 billion hedge fund Elliott Management, which helps to explain why the lawsuits keep coming. [MoneyBeat]

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