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In a surprising conclusion to their rights dispute, Edgar Rice Burroughs Inc. and Dynamite Entertainment this morning announced an agreement for the worldwide release of John Carter comics, archival material and the publisher’s Lord of the Jungle line.
ERB Inc., the family-owned company that controls the existing rights to the Tarzan and John Carter of Mars novels, sued Dynamite in February 2012, accusing the publisher of trademark and copyright infringement and unfair competition through the release of its Lord of the Jungle and Warlord of Mars comics. Dynamite responded, insisting that its series were based on material that’s lapsed into the public domain, and noting that other publishers have released Burroughs-inspired comics, using similar titles, without a license from ERB Inc.
Now that the two parties have settled their differences, and ERB Inc. has reacquired the John Carter comics rights from Disney and Marvel, Dynamite will be able to relaunch Warrior of Mars later this year as John Carter: Warlord of Mars, and introduce characters and plot elements “that were, until now, absent from recent comic book interpretations” (presumably because they remain protected by copyright). Dynamite will also republish John Carter archival material, dating back to the early 1940s comic strips written by Burroughs’ son Coleman Burroughs.
Edgar Rice Burroughs Inc., the company founded by the creator of Tarzan and still run by his family, has begun publishing webcomics based on six of the author’s most famous creations. Roy Thomas and Tom Grindberg (who have been producing the Tarzan comic strips since 2012) continue creating new stories featuring the ape man, while Chuck Dixon and Tom Lyle explore the Earth’s Core world of Pellucidar. Writer Martin Powell is joined by four different artists on the remaining series: Carson of Venus (with Thomas Floyd and Diana Leto), The Eternal Savage (with Steven E. Gordon), The Cave Girl (with Diana Leto), and The War Chief (with Nik Poliwko).
The ERB Inc. website has samples of each series for free, and readers can then subscribe to all six for $1.99 a month. Each series updates weekly, so that’s about 24 pages for just $2; a great deal.
I had some questions about the initiative, so I contacted Powell, who was extremely helpful. For one thing, these webcomics don’t affect Dark Horse, which still holds the license for printed Tarzan comics. He also explained why there’s no series for John Carter: “I originally auditioned for John Carter of Mars, but Disney/Marvel still has a hold on it. Still, ERB Inc. was apparently impressed enough that they offered me Carson of Venus and allowed me to assemble my own art team, which I’ve done for my other four ERB comic strips as well. So, you could say in a sense that I am Carson … we both aimed at Mars and ended up on Venus!”
A lot of the logic in this anonymous comment about creators’ rights doesn’t track, but he or she makes a point that caused me to stop and think. A large part of the creators’ rights conversation is about being paid appropriately for something you made. In other words, people should be compensated financially based on the merit of their work. I’ve always assumed that compensation should also apply to the creator’s family when the creator is no longer alive to collect it, but the commenter attempts to poke holes in that assumption.
He or she suggests that merit-based pay and inherited finances are diametrically opposed values. I disagree, mostly because of the way families work. Sharing wealth is one of the things that families do; if everyone in the family received only the money that she or he worked for, children would starve; to say nothing of husbands or wives whose full-time jobs are managing the household. That’s a ridiculous proposition because merit isn’t based solely on what one does for a living. My son merits being taken care of simply because he’s my son and my wife and I owe it to him. But, even though I reject that inheritance and merit are in opposition to each other, the commenter does have me thinking about the limits to which a creators’ heirs should be able to exert their rights.
As I was thinking aloud over the ERB Inc. vs. Dynamite case on my blog and Google+, I read several comments that were directed negatively toward the estate of Edgar Rice Burroughs. I still haven’t figured out how I feel about that whole deal, but what surprised me was that the comments weren’t directed at the odd and inconsistent tactics ERB Inc. has used, but simply at how the family is now several generations removed from the original creator. Setting the actual law aside for the purposes of this discussion, for how long should a creator’s family morally be able to profit off that creator’s work?
In response to the lawsuit filed in February by Edgar Rice Burroughs Inc., Dynamite Entertainment has filed what amounts to a blanket denial to accusations of trademark and copyright infringement and unfair competition involving its Lord of the Jungle and Warlord of Mars comics.
ERB Inc., which holds the existing rights to the works of the author of Tarzan and John Carter of Mars novels, claims the comics Lord of the Jungle, Warlord of Mars, Warlord of Mars: Dejah Thoris and Warlord of Mars: Fall of Barsoom are likely to “deceive, mislead and confuse the public” about the source or sponsorship of the content, causing “irreparable injury” to the family-owned company. It also insists the titles were published without authorization after Dynamite Entertainment President Nick Barrucci was told that Dark Horse held the licenses for the Tarzan and John Carter of Mars books.
In its answer to the complaint, filed last week in federal court in New York City and first reported by The Beat, Dynamite points out that the Burroughs works on which the comics are based are no longer protected by U.S. copyright law. As to the trademarks, the publisher notes, “There are numerous examples of Burroughs’ novels, and other works inspired by Burroughs’ novels bearing such alleged marks or similar marks, which have been published by third parties without any reference to” ERB Inc.
“In addition, Burroughs’ public domain novel Tarzan of the Apes has been republished by numerous publishers without any attribution to plaintiff, and the basic story of a jungle-dwelling, Tarzan-like character has appeared in literature and film without any affiliation to plaintiff,” the document states.
Dynamite, of course, asks the court to dismiss the lawsuit, which will likely be watched closely by those concerned with what’s been characterized as an effort to use a trademark to, effectively, prolong the duration of copyright. Read the publisher’s full answer below.
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