legal Archives - Page 2 of 35 - Robot 6 @ Comic Book Resources
Legal | Ecuadorean cartoonist Xavier Bonilla has received a court summons on unspecified charges that seem to relate to a cartoon that President Rafael Correa finds offensive. The case was brought by Ecuador’s new media regulator; Correa has stepped up attacks on the press in recent years, and the newspaper that runs Bonilla’s cartoons, El Universo, has been prosecuted in the past. [Business Standard]
Censorship | Michael Dooley looks at successful and unsuccessful attempts to remove comics from schools and libraries over the past 13 years; this short roundup is informative in its own right, and it’s apparently a sidebar to a longer article that’s not available for free. [Print Magazine]
Legal | As the dust begins to settle on the ruling last month by a federal judge that Arthur Conan Doyle’s first 50 Sherlock Holmes stories have lapsed into the public domain in the United States, out march the analyses pointing out the buts. Chief among them, of course, is the possibility of appeal by the Conan Doyle estate, which contends the characters were effectively incomplete until the author’s final story was published in the United States (the 10 stories published after Jan. 1, 1923, remain under copyright in this country until 2022).
However, Publishers Weekly notes that because U.S. District Judge Ruben Castillo didn’t rule directly on that “novel” argument, the estate may be satisfied with the ambiguity of the decision, given that uncertain creators still may seek to license the characters to steer clear of any trouble. Estate lawyer Benjamin Allison also insists that the Sherlock Holmes trademarks remain unaffected, an assertion that puzzles author and scholar Leslie Klinger, who brought the lawsuit. “There is a very good reason why the Estate did not assert trademark protection: The Estate does not own any trademarks,” he told PW. “They have applied for them, and there will be substantial opposition.” There’s more at NPR, The Independent and The Atlantic. [Publishers Weekly]
After last week hiring a skywriter to pen an apology to Daniel Clowes, Shia LaBeouf appeared to bait the cartoonist Tuesday on Twitter with a photo of the “Storyboard for my next short ‘Daniel Boring,’” an obvious reference to both Clowes’ Eightball serial “David Boring” and the actor’s seemingly unending plagiarism controversy.
But while LaBeouf didn’t get a rise out of Clowes, he did receive a cease-and-desist letter from the cartoonist’s attorney — which the actor promptly posted on the social media platform.
After pointing out that the storyboard drawings are copied from “David Boring,” Clowes’ attorney Michael J. Kump notes that, “if the foregoing isn’t outrageous enough conduct by your client, Mr. LaBeouf in his tweet today plagiarized Mr. Clowes’ own description of ‘David Boring’” as “it’s like Fassbinder meets half-baked Nabokov on Gilligan’s Island.” (Also worth noting: The photos fanned out beneath the drawing are of actors Patton Oswalt and Seth Rogen, who recently mocked LaBeouf’s ongoing Twitter apologies.)
Graphic novels | Image Comics had a strong December in bookstores, snagging nine slots on BookScan’s Top 20 chart: Eight volumes of The Walking Dead (including the very first one, at No. 4), plus the first Saga collection, which was originally released in October 2012. The first two volumes of Attack on Titan, which are more than a year old, were also on the chart. [ICv2]
Legal | Colleen R. LaRose, aka “Jihad Jane,” was sentenced Monday to 10 years in prison for her role in a failed conspiracy to murder Swedish cartoonist Lars Vilks, who drew images of the Prophet Mohammed that offended many Muslims. [The New York Times]
Crime | Federal prosecutors are seeking a lengthy prison term for Colleen LaRose, who was convicted, along with two other people, in a foiled 2009 plot to kill Lars Vilks, a Swedish cartoonist who drew a caricature of the Prophet Mohammed. LaRose, who goes by the online name “Jihad Jane,” could face a life sentence, but as she assisted U.S. authorities with several terrorism investigations, they are merely asking that she spend “decades” behind bars. LaRose’s sentencing hearing is scheduled for Monday; her co-conspirator, Mohammad Hasan Khalid, will be sentenced on Tuesday. [The Guardian]
Creators | Neil Gaiman, who maintains a highly visible presence on Twitter, Facebook and Tumblr — he has 1.8 million followers on Twitter alone — is taking a six-month “sabbatical” from social media to focus on his writing. “I feel that I’m getting too dependent on phones, on Twitter,” said Gaiman, who began blogging in 2001. “It’s a symbiotic relationship. That instant ability to find things out, to share. I want to see what happens when I take some time off.” [The Guardian]
Legal | In a decision that will undoubtedly usher in more Holmes and Watson novels, comic books, movies and television, a federal judge has issued a declarative judgment that the elements included in the 50 Sherlock Holmes stories published by Arthur Conan Doyle before Jan. 1, 1923 are in the public domain in the United States. That means creators are free to use the characters and elements from those stories (but not from the 10 published after 1923) without paying a licensing fee to the protective Arthur Conan Doyle Estate Ltd.
The ruling came as a result of a lawsuit filed early this year by Leslie Klinger, who served as an adviser on director Guy Ritchie’s two Sherlock Holmes films and with Laurie R. King edited In the Company of Sherlock Holmes, a collection of new stories written by different authors. Although Klinger and King had paid a $5,000 licensing fee for a previous Holmes-inspired collection, their publisher received a letter from the Conan Doyle estate demanding another fee; in response, Klinger sued. [The New York Times]
If the past few days of Shia LaBeouf-related news weren’t puzzling enough, here’s more: Following the revelation that his short film HowardCantour.com was nearly wholly lifted without credit or permission from Daniel Clowes’ comic Justin M. Damiano, the subsequent discovery that his multiple apologies were copied from sources ranging from Yahoo! Answers to Kanye West, it appears the text of the “About” page of LaBeouf’s Campaign Book website was directly ripped from the description of Dan Nadel’s soon-to-close PictureBox — something noted by Nadel himself on The Comics Journal.
The Campaign Book:
Legal | More details have emerged about Hirofumi Watanabe, the 36-year-old man suspected of sending more than 400 threatening letters to convention centers, retailers and other sites in Japan associated with the manga Kuroko’s Basketball. The newspaper Mainichi Shimbun revealed Watanabe studied anime at a vocational school but dropped out at age 20. Also, a search of Watanabe’s apartment turned up toilet bowl cleaner, a scrap of paper that said “creating hydrogen sulfide” and, not surprisingly, several volumes of Kuroko’s Basketball.
Oddly, Watanabe claims to be two different perpetrators who use two different accents, standard Japanese and a Kansai accent, and many of the statements he made in his letters and online postings, including that he was acquainted with Kuroko’s Basketball creator Tadatoshi Fujimaki, appear to be false. Anime News Network also reports that when he was arrested, Watanabe had about 20 threat letters in his backpack, and that he told police he was jealous of Fujimaki’s success. [Anime News Network]
In a move that seems like it would come from an authoritarian regime, not a fully developed democracy, a Swiss court has forbidden the publication of a book of cartoons critical of Sepp Blatter, president of the international football (soccer) association FIFA — and it has threatened to fine the cartoonist, former football player Olé Andersen, up to 10,000 Swiss francs if it’s published anywhere in the world.
Tokyo police have arrested a man they suspect sent more than 400 threatening letters to publishers, retailers, convention centers, convenience stores and other venues connected with Tadatoshi Fujimaki’s manga Kuroko’s Basketball.
The suspect, 36-year-old Hirofumi Watanabe, was arrested in Shibuya as he was allegedly mailing a batch of letters;. Police say he was spotted on security cameras near several locations connected to his threats; it was reported earlier that they may actually have questioned him on one occasion and then let him go. Watanabe is officially being charged with “obstruction of business,” and according to police, he admitted to the crime, saying, “I’m sorry. I’ve lost.”
JC McInwell translates a Japanese news report that indicates Watanabe didn’t know Fujimaki personally but was jealous of his success as a creator.
As expected, the attorney for the heirs of Superman creators Jerry Siegel and Joe Shuster has asked the Ninth Circuit Court of Appeals for a rehearing of last month’s ruling that reaffirmed the artist’s estate can’t reclaim his copyright stake in the Man of Steel.
The Ninth Circuit upheld in a 2-1 opinion an October 2012 ruling by a lower court that the Shuster family relinquished all claims to the character in a 1992 agreement with DC Comics 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. U.S. District Judge Otis D. Wright had found the agreement invalidated a copyright-termination notice filed in 2003 by Shuster’s nephew Mark Peary.
But in a petition filed Tuesday, and first reported by Deadline, attorney Marc Toberoff insists the Nov. 21 opinion warrants a rehearing by either the three-judge panel or the Ninth Circuit’s full bench “because it contravenes Congress’ clear objectives, and this Court’s carefully-circumscribed decisions.”
Say what you will about the shareholders of Stan Lee Media, but despite suffering one loss after another in their decade-long battle for the rights to Marvel’s best-known characters, they’re still unwilling to concede defeat.
In papers filed Tuesday in federal court in Philadelphia, and first reported by Deadline, the failed dot-com now seeks a declaratory judgment that it, and not Disney or Marvel, owns Spider-Man, Iron Man, the X-Men, Thor and other superheroes.
The move, which comes just three months after an annoyed federal judge dismissed their multibillion-dollar claim against Disney, springs from a lawsuit filed in September by the media giant against the American Music Theatre, which is accused of using elements of Spider-Man, Mary Poppins and The Lion King in a stage revue without permission. In a surprise twist, the Lancaster, Pennsylvania-based theater responded last month that it has a license to use Spider-Man and numerous other Marvel heroes — through an exclusive agreement with Stan Lee Media. Somewhat conveniently, American Music Theatre filed a third-party counterclaim against Stan Lee Media, opening the door for Tuesday’s filing.
Legal | Asterix co-creator Albert Uderzo has filed a legal complaint against his daughter Sylvie and her husband Bernard Choisy, claiming “psychological violence.” The dispute began in 2007, when Sylvie and Bernard were dismissed from their positions at Les Éditions Albert René, which published Asterix; a year later, Uderzo sold his stake in the company to Hachette Livre. The two filed their own legal challenge in 2011, claiming Uderzo, who is now 86, was being exploited by others. In this week’s filing, Uderzo says he is perfectly capable of managing his own affairs, and adds, “The sole purpose of these acts is to undermine our psychological integrity and to hasten our debility, in order to get their hands on our legacy, which they covet.” [The Guardian]
Just ahead of Ed Kramer’s trial on 13-year-old child-molestation charges, DragonCon has announced a settlement that officially severs all ties with its litigious co-founder.
The board of the popular Atlanta sci-fi/fantasy convention revealed in July, amid a boycott effort, that it had offered to buy out Kramer’s shares in a merger — his attorney called it a “discriminatory squeeze-out” — in which a new company called Dragon Con Inc. absorbed the old DragonCon/Ace Inc. Kramer initially rejected the offer, which led the board to sue him in August; DragonCon spokesman Greg Euston told Atlanta magazine the out-of-court settlement calls for Kramer to be paid a “small amount over” what the company had offered.
Kramer, who helped found DragonCon a quarter-century ago, hasn’t been directly associated with the event since his arrest in August 2000 on charges of sexually abusing two teenage boys (a third later stepped forward). However, he continued to receive annual dividends from DragonCon — $154,000 for 2011 alone — after attempts to buy out Kramer’s stake in the for-profit corporation proved unsuccessful. He filed two lawsuits against co-founder Pat Henry and DragonCon/ACE, and rebuffed three previous offers to buy out his shares for $500,000, in 2004, 2006 and 2008.
Legal | Artist Al Plastino has asked a New York judge to order Heritage Auctions to reveal the name of the consignor who put up for sale his original art for the 10-page story “Superman’s Mission for President Kennedy.” Heritage says the sale has been canceled and the art returned to the consignor, who bought it at a Sotheby’s auction a decade ago. The JFK story was originally scheduled to run in a DC comic dated November 1963, but it was quickly pulled when Kennedy was assassinated. The story was published the following year at the request of the Johnson administration. The last panel of the comic stated the artwork was to be donated to the Kennedy Library, and Plastino believed that to be the case until this fall, when he discovered it was being put up for auction. [Reuters]
Crime | Tokyo police say they have security camera footage of a suspicious man in a mask and gloves near a convenience store where a small amount of nicotine was found in a Kuroko’s Basketball-themed snack. The snacks were recalled after 7-Eleven and other convenience store chains received threatening letters, part of a barrage of threat letters that have been sent out to venues associated with the Kuroko’s Basketball manga and anime. The amount of nicotine found in the Kuroko’s Basketball wafers was well under a lethal dose. [Anime News Network]