legal Archives - Robot 6 @ Comic Book Resources
Legal | The Wally Wood estate has sued Tatjana Wood, ex-wife of the late cartoonist, claiming she’s in possession of 150 to 200 pages of his art erroneously sent to her address in 2005 by Marvel. The couple were married in 1950 but divorced in the 1960s; Tatjana later worked extensively as a colorist for DC Comics. Wally committed suicide in 1981, leaving “all bank accounts, whether savings, checking, Certificates of Deposit, or otherwise” to Tatjana, and everything else to his estate, supervised by John H. Robinson. [The Comics Reporter]
Creators | “I’m an acquired taste,” says Howard Chaykin, who was speaking to the press in advance of this weekend’s Vegas Valley Comic Book Festival. He talks about working for small publishers, his unhappiness with the licensed Star Wars comics he did for Marvel, and the current trend of movies based on comics: “It’s really just a matter of the guys who beat us up in high school finally figuring out a way to make money off our asses.” [Las Vegas Review-Journal]
Still reeling from its loss Wednesday in the Ninth Circuit, Stan Lee Media today suffered another defeat in Pennsylvania, where a federal judge ruled the failed dot-com can’t insert itself into Disney’s dispute with a theater company by asserting ownership of Spider-Man.
As you may recall, Disney in September 2013 sued Lancaster, Pennsylvania-based American Music Theatre, claiming its musical revue Broadway: Now and Forever used unlicensed elements Spider-Man, Mary Poppins and The Lion King. However, as Disney’s attorneys later noted, that “simple case” was “transmogrified” when the theater announced it had retroactively licensed Spider-Man … from Stan Lee Media.
That conveniently opened the door for the company to sue Disney, seeking a jury trial regarding ownership of Spider-Man, an issue Stan Lee Media argued had never been directly addressed by any court. It was certainly a creative maneuver using one of the few potential paths left to pursue its fight with Marvel and Disney (a clearly annoyed judge had warned in September 2013 that any attempt to amend its previous lawsuit against the House of Mouse would be “futile”).
All-New X-Men #33, Fantastic Four #12, Inhuman #7 and Wolverine and the X-Men #11 include the phrase “Created By Stan Lee and Jack Kirby,” while Death of Wolverine: Deadpool & Captain America #1 states, “Captain America Created By Joe Simon and Jack Kirby.” The credits pages can be found below.
Added with no fanfare, the credits follow a settlement agreement announced last month, ending the five-year-old fight between Marvel and Kirby’s children over the copyrights to 45 characters created or co-created by their father — among them, the Avengers, the X-Men and the Fantastic Four.
Neither side has commented publicly on their agreement beyond the joint statement, issued even as the U.S. Supreme Court was expected to decide whether it would consider an appeal by the Kirby heirs: “Marvel and the family of Jack Kirby have amicably resolved their legal disputes, and are looking forward to advancing their shared goal of honoring Mr. Kirby’s significant role in Marvel’s history.”
Even as Disney and Stan Lee Media argue their case in one appeals court, another has dealt a setback to the failed dot-com’s feud with its co-founder and namesake.
According to Courthouse News Service, a panel for the Ninth Circuit Court of Appeals ruled today that a California federal judge made the right decision in 2012 when he dismissed a shareholder lawsuit against Stan Lee seeking millions in profits and ownership of his Marvel co-creations.
Stan Lee Media has long insisted that between August 1998, when Marvel terminated Lee’s $1 million-a-year lifetime contract, and November 1998, when he entered into a new agreement with the House of Ideas, the legendary creator signed over his likeness and the rights to all of the characters he co-created — Spider-Man, the Avengers and the X-Men, among them — to Stan Lee Entertainment, which later merged with Stan Lee Media. That company in turned filed for bankruptcy in February 2001; it emerged from protection in November 2006, and within months, the first of numerous lawsuits (against Marvel, Lee, Disney and others) was filed.
Legal | Disney on Tuesday asked a panel of the 10th U.S. Circuit Court of Appeals to dismiss a two-year-old lawsuit by Stan Lee Media claiming the copyright to such Marvel superheroes as Spider-Man, the Avengers and the X-Men. A lawyer for Stan Lee Media, which no longer connected to its namesake, argued a federal judge in Colorado erred last year in dismissing the 2012 complaint, but Disney countered that the copyright claims have been addressed time and again by the courts. “This is their seventh bite of a rotten apple,” Disney attorney Jim Quinn said after the hearing. The three-judge panel hasn’t issued its decision. [The Associated Press]
Manga | The finale of Masashi Kishimoto’s Naruto, which will run in an upcoming issue of Shonen Jump (both the Japanese and the North American editions), will be two chapters long, with the second appearing in full color, the manga magazine announced. Naruto was at one time the bestselling graphic novel in the United States and is still one of the top selling manga in the country. [Anime News Network]
Awards | The winners of the first Kirkus Prize were announced last night, and Roz Chast took top honors in the nonfiction category for her graphic memoir Can’t We Talk About Something More Pleasant? Chast is also a finalist for the National Book Award, marking the first time a graphic novel has been nominated in one of the adult categories. [The Washington Post]
Legal | A Turkish court acquitted cartoonist Musa Kart on charges of insulting President Recep Tayyip Erdoğan, stemming from a cartoon Kart drew last year portraying the then-prime minister as complicit in covering up government corruption. “Yes, I drew it [the cartoon] but I did not mean to insult,” Kart said. “I just wanted to show the facts. Indeed, I think that we are inside a cartoon right now. Because I am in the suspect’s seat while charges were dropped against all the suspects [involved in two major graft scandals]. I need to say that this is funny.” If convicted, Kart could have faced nearly a decade in prison. [Today's Zaman]
Legal | Former Turkish Prime Minister Recep Tayyip Erdoğan has filed a criminal complaint against cartoonist Musa Kart over a cartoon caricaturing Erdoğan’s attempts to cover up a graft investigation. The prosecutor initially decided that there were no grounds for legal action, but Erdoğan took his case to the Bakırköy 14th High Criminal Court, which ruled that the cartoon exceeded the bounds of normal criticism and allowed the indictment to proceed. Kart could face nearly 10 years in prison if convicted and given the maximum sentence.
Meanwhile, prosecutors have dropped charges against all 209 of the people suspected in participating in the actual corruption Erdoğan is accused of covering up; those charges would have included “the transfer of lands with a value of billions of dollars at very low prices, the seizure of mines from businessmen by force, tender-rigging, illegally giving state tenders worth billions of dollars to businessmen, changing the status of protected areas through bribery, opening these [areas] for construction and making large profits off of them.” [Today's Zaman]
Publishing | DC Entertainment Co-Publishers Dan DiDio and Jim Lee talk about the state of the comics market, DC’s upcoming move from New York City to Burbank, the growing female audience and more. “There’s also a diversification within the audience itself the past couple of years,” Lee observed. “You’ve seen more women, more female readers, in general. When we launched Batgirl and Gotham Academy, those books struck a different note, different tonality, and that was in large part due to editor Mark Doyle bringing these projects together with different kinds of creators. It was our way of broadening the base of the Batman family of books but doing it in a different way to attract a different audience. I think it speaks well to the future that we’re not just going to strike the same note looking for the same customer. [...] You can’t necessarily rely on the same continuity, the same core hardcore comics-driven material; you have to diversify, broaden your net and bring in different voices to the company.” [ICv2]
Crime | A man was spotted on security video last week at New York Comic Con stealing a one-of-a-kind, 20-inch Dunny figure hand-painted by by Jon-Paul Kaiser valued at $2,000, plus two other items, from the Clutter Magazine booth. [DNAinfo New York]
Legal | Chinese cartoonist Wang Liming, who uses the pen name “Biantai Lajiao” (Perverted Chili Pepper), has applied for a visa to remain in Japan, saying he’s afraid to return to China. Liming’s account on the Chinese social media site Weibo, where he published his cartoons, was shut down in August, and the People’s Daily newspaper has called him a traitor and accused him of being pro-Japan. Last year, he was arrested and held overnight on charges of “suspicion of causing a disturbance.” “China’s situation surrounding freedom of speech has worsened during these six months,” Wang said in an interview. “I have no idea where the borderline is (between what is permissible and what is not anymore).” [The Asahi Shimbun]
When we last left Deadmau5, the world-famous DJ/producer was publicly accusing Disney of copyright infringement in retaliation for the entertainment giant’s effort to block the trademark for his signature “mau5head” logo. At 171 pages, the company’s notice of opposition was certainly thorough, but that’s nothing compared to the DJ’s formal response.
Hollywood Esq. reports that on Monday, Deadmau5 filed more than 1,000 pages — when you take exhibits into account — with the U.S. Patent and Trademark Office, addressing not only the drier issues of whether his logo might be confused with Disney’s famed mouse ears, but also some considerably more interesting matters.
Crime | Two people were arrested Friday in Albuquerque, New Mexico, after police say they tried to sell $9,000 worth of stolen comic books to a local retailer. Marcelo Hernandez, 24, and Stacie Niavez, 23, allegedly walked into Astro Zombies with three boxes of comics that matched the description and certification numbers of those stolen from a vehicle about two weeks earlier. The owner pretended to be getting price estimates but instead called police, who arrested Hernandez and Niavez outside the shop. Both were charged with receiving and transferring stolen property and conspiracy; Niavez was also charged with drug possession. [Albuquerque Journal]
Passings | Jon Kennedy, the former editorial cartoonist for the Arkansas Democrat and Arkansas Business, died Friday at age 96. He started work as an editorial cartoonist for the Democrat (now the Democrat-Gazette) in 1941, and served in the Army from 1943 to 1946, during which time he also drew cartoons and training materials. He went back to the Democrat and worked there until his retirement in 1988, then came out of retirement to draw cartoons for Arkansas Business from 1992 to 2005. He published one book, Look Back and Laugh, and was a member of the American Association of Editorial Cartoonists; he was also named Arkansas Journalist of the Year in 1988. [Arkansas Business]
Law 360 reports the failed dot com argued before a panel of the Ninth Circuit that the case shouldn’t have been dismissed in 2012 by a California federal judge simply because an identical action in New York was determined two years earlier to be time-barred. However, Lee’s attorney countered that the lead plaintiff in both shareholder actions was Jose Abadin, president of Stan Lee Media.
The backstory is familiar by now to ROBOT 6 readers, but here’s the CliffsNotes version: In 1998, during Marvel’s bankruptcy, CEO Isaac Perlmutter briefly ended its $1-million-a-year lifetime contract with Lee, freeing the legendary creator to form Stan Lee Entertainment, which later merged with Stan Lee Media. That company in turned filed for bankruptcy in February 2001; just four months after SLM emerged from protection in November 2006, shareholders filed a $5 billion lawsuit against Marvel.
Legal | The Japanese publisher Square Enix has filed a counterclaim against SNK Playmore, asking Osaka District Court to rule that its manga Hi Score Girl doesn’t infringe on copyrights held by the video game company. Earlier this year, SNK brought criminal copyright violation charges against Square Enix after learning Hi Score Girl contains more than 100 unauthorized images of characters from SNK Playmore games. The manga has been put on hold because of the dispute. [Anime News Network]
Conventions | Who’s buying, and how much are they spending, at conventions? Rob Salkowitz mines the numbers from a recent Eventbrite poll of convention-goers to get some answers: Most people spend between $100 and $500 per person; cosplayers actually spend a bit more than average; and women shell out more money at conventions, while men spend more online. [ICv2]
The Ball-Chatham School Board in Chatham, Illinois, voted unanimously this week to keep Marjane Satrapi’s Persepolis on a reading list for seniors at Glenwood High School.
Mike Housewirth, the father of a student, had asked that the graphic novel be removed from the list, questioning the teacher’s judgment in assigning a book about Muslims on Sept. 11. He also objected to the book’s depictions of torture (particularly one in which a guard urinates on a prisoner) and dismembered bodies.
“If my son had drawn a picture like that at school, he would have been expelled,” Housewirth said, adding that while he felt his son was mature enough to read the book, the overall tone was “appalling.”
“Reading controversial material does not hurt students or corrupt them,” countered Glenwood High School Principal Jim Lee. Students don’t simply read a book and accept it at face value, he added; they use it as a springboard for discussion and reach their own conclusions.
Nearly one month after what would’ve been Jack Kirby’s 97th birthday, the announcement was made: Concluding a five-year copyright battle, and decades of contention about credit and compensation, Marvel and the Kirby family revealed Friday that they had reached a settlement, just ahead of a conference to decide whether the U.S. Supreme Court would take up the case.
“Marvel and the family of Jack Kirby have amicably resolved their legal disputes,” they said in a joint statement, “and are looking forward to advancing their shared goal of honoring Mr. Kirby’s significant role in Marvel’s history.”
This is, without question, excellent news, and cause for celebration.
As is typical with settlements, the terms of their agreement aren’t made public, and the one-sentence statement gives no indication of how Kirby’s significant role in Marvel’s history will be honored.
Those close to Kirby’s family have been reserved with details. In some instances, they don’t appear to know any more than we do.