legal Archives - Robot 6 @ Comic Book Resources

Comics A.M. | Police seek more video of ZombieWalk crash

ZombieWalk crash

ZombieWalk crash

Legal | The San Diego Police Department is asking anyone with video of the July 26 car accident during the annual SDCC ZombieWalk: San Diego to come forward. Police already have several videos of the incident, in which a driver plowed into the crowd, injuring at least three people, but they are hoping to get additional information. [Fox 5 News]

Legal | A Tokyo District Court judge sentenced Hirofumi Watanabe to four years and six months in prison for sending more than 400 threatening letters to venues connected with the manga Kuroko’s Basketball. The 35-year-old man admitted during his first day in court that he had sent the threatening letters, but he also refused to apologize or pay restitution and says he does not feel guilty. [Anime News Network]

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Ed Kramer didn’t violate plea deal, district attorney determines

ed kramerEd Kramer’s social-media activity didn’t violate the terms of his plead agreement, meaning he isn’t headed back to jail just yet. However, Gwinnett County (Georgia) District Attorney Danny Porter indicated it’s only a matter of time before the DragonCon co-founder makes a misstep.

“He’s very adept at the Internet … and he’s going to test us at every opportunity,” Porter told Atlanta’s WSB-AM last week.  ”So it’s still my belief that before this is all over, he’s going to violate his probation and I’m going to have him in prison.”

The D.A. began an investigation last month into Kramer’s online activity after reports circulated that his Twitter account was being followed by a 14-year-old girl and his Google+ page showed a connection to the then-14-year-old boy he was found with in a Connecticut hotel room in 2011.

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Comics A.M. | Does SDCC have a case against Salt Lake Comic Con?

Comic-Con International

Comic-Con International

Legal | Attorney Evan Stassberg finds two significant problems with Comic-Con International’s trademark-infringement claim against Salt Lake Comic Con over the use of the term “Comic Con”: There are a lot of shows called “comic con,” so it could be argued it’s a descriptive term that’s not specific to the San Diego event, and precisely because there are so many events that use that term, it could be argued that Comic-Con International organizers haven’t been policing their trademark. Strassberg adds, “The Salt Lake organizers’ steadfast defiance and ongoing gravitas has turned a simple trademark dispute into a national news story with mountains of free publicity for the Salt Lake event. If this was intentional, it is an astonishing display of marketing genius. If this was mere happenstance, it is the comic book convention equivalent of the accidental invention of Post-It notes.” [Deseret News]

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Comics A.M. | Square Enix halts ‘Hi Score Girl’ amid copyright claims

Hi Score Girl, Vol. 4

Hi Score Girl, Vol. 4

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]

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Comics A.M. | Driver in ZombieWalk accident offers his side

The man's car driving through the crowd

The man’s car driving through the crowd

Events | The driver who plowed through the crowd last month at the annual SDCC ZombieWalk: San Diego, injuring a 64-year-old passersby, has given an interview providing his version of the event, saying he had turned off the engine to wait for the parade to pass when participants began surrounding his car. The situation quickly escalated, he says, when a spectator sat on the hood and hit the windshield, shattering it, and another person opened the back door. “I got scared. That’s when I plowed my car through the crowd,” says the unidentified 48-year-old. “I had to do this to save my family because of the crowd. I couldn’t tell if the parade was done.” He adds, “I felt awful about it. I just couldn’t believe that I actually hit the old lady.” [iDeafNews, Times of San Diego]

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San Diego has until Sept. 10 to appeal convention center ruling

sdcc-expansion1

San Diego City Council recessed for summer break Thursday without deciding how to respond to a state appeals court ruling that the plan to finance the $520 million expansion of the San Diego Convention Center is unconstitutional.

A three-judge panel ruled last week that the room surcharge, approved two years ago by hoteliers and City Council, has to be put to a citywide vote. The financing scheme, which would have added another 1 cent to 3 cents per dollar to room taxes, was expected to generate about $35 million annually.

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Man sentenced for insider trading in Disney-Marvel deal

disney-marvel-logoA San Francisco man was sentenced Thursday to three months in federal prison and ordered to pay $122,000 in restitution after pleading guilty to using insider information to make big bucks in Disney’s purchase of Marvel.

Law360 reports that in 2009, Toby G. Scammell was told by his girlfriend, a Disney extern working on the Marvel acquisition, that the entertainment giant was planning to buy a company “people would recognize right away.” Using her work schedule and their vacation plans, he was able to deduce when the deal would likely close, and learned from his then-employer — a consulting firm that had been contracted by Disney on occasion — that the company was interested in Marvel.

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Comics A.M. | ‘Hi Score Girl’ recalled amid copyright allegations

Hi Score Girl, Vol. 4

Hi Score Girl, Vol. 4

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]

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Randy Queen: ‘I reacted without thinking’ to art critiques

queen darkchyldeWidely 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.

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Police search Square Enix for evidence of copyright violations

Hi Score GirlThe 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.

Comics A.M. | Ex-intern hits Marvel with class-action wage suit

Marvel

Marvel

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]

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Ruling leaves San Diego Convention Center expansion in doubt

SDCCEx-feb2013-bayside1

Delivering a crippling blow to the planned $520 million expansion of the San Diego Convention Center, a California appeals court ruled Friday that the hotel tax devised to fund most of the project is unconstitutional.

Although hoteliers and city council approved the room surcharge two years ago, U-T San Diego reports the three-judge panel unanimously found that the tax had to be put to a citywide vote. Several groups, including San Diegans for Open Government, opposed the funding scheme, arguing that the arrangement amounted to privatizing the city’s taxing authority. A Superior Court judge sided with the city in March 2013, but opponents appealed the ruling.

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Randy Queen responds to critics with takedown notices, legal threat

darkchyldeDarkchylde 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:

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Judge calls Sherlock Holmes licensing fee ‘a form of extortion’

sherlock holmesIn 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.

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Disney gets legal fees, judge’s criticism in Stan Lee Media case

disney-marvel-logoA 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.

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