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Comic Book Legal Defense Fund Profile picture
Comic Book Legal Defense Fund
@CBLDF
Defending Comics' legal rights since 1986! Posts by Interim Director Jeff Trexler; are not legal advice. (Verified but did not buy premium account.)
Dec 18, 2020 • 5 tweets • 3 min read
No Go: 9th Circuit Court of Appeals rules that crowdsourced @comicmix "Oh, the Places You'll Boldly Go!" is not protected fair use defense. /jt cdn.ca9.uscourts.gov/datastore/opin… Two key points to note right away: popular notions of transformative works doctrine often touted at comic-con panels are more advocacy than actual application of doctrine by courts. Fair use transformation is more than simply adding new material. This paragraph is more typical:
Dec 18, 2020 • 7 tweets • 2 min read
1/ Pitch and portfolio theft are rampant, and such cases are difficult to win. Yet as noted in thread last night, Darth Vader actor Hayden Christensen did prevail in a crucial stage of his pitch theft case, leading to settlement. Lesson? /jt caselaw.findlaw.com/us-2nd-circuit… 2/ My sense - and your mileage may differ - is that justice isn't blind. Who brings a case, who judges, current events - these all can influence outcomes as much as legal doctrine. The most famous personality in this case was likely discussed in chambers, esp. by clerks.
Dec 18, 2020 • 7 tweets • 2 min read
The Alan Dean Foster/Disney royalties dispute is far from the only case involving an author and franchise IP. The Saori Kuma Dragon Quest lawsuits and criminal action (!) in Japan are another important ongoing story. japaninsider.com/square-enix-su… animenewsnetwork.com/news/2019-12-1… Alas, I haven't yet located original filings from Japan, but reports say that the dispute turns on a Dragon Quest film's use of a name derived from a character in a novel based on a video game. Might sound niche, but think of all the new characters in extended universes today!
Dec 17, 2020 • 6 tweets • 3 min read
Alan Dean Foster royalties follow-up by @AndrewLiptak
@polygon generally tracks our linked thread hypo - Disney got LucasFilm copyright; separate publisher contract w/ author; Disney/LF moved license; ethics and law are distinct. polygon.com/2020/12/16/221… /2 That hypothetical was based on Splinter's copyright info in screenshot below - note copyright owner, consistent w/ what @AndrewLiptak found re Splinter being work made for hire.
Nov 19, 2020 • 55 tweets • 11 min read
The controversy over nonpayment of royalties to Alan Dean Foster following the assignment of his book contract to Disney, a third party, raises important issues re all IP contracts, including comics creators’. (by #jefftrexler) 1st, disclaimers: This thread is my opinion, not CBLDF’s. It’s not legal advice, & explanation is *not* endorsement. Same with hashtags - I’m including #disneymustpay here as a reference, not as a legal conclusion...
Oct 6, 2020 • 4 tweets • 3 min read
Continuing this week's look at the Supreme Court, comics & cartoons, here's the ruling mentioning @cbldf: Brown v. Entertainment Merchants Association. SCOTUS: California law regulating video game violence did not survive First Amendment strict scrutiny. supremecourt.gov/opinions/10pdf… What's an amicus brief? Amicus curiae is Latin for "friend of the court." An amicus brief (amici = plural) provides info or arguments from someone who is not a party to the dispute. Here's the @CBLDF amicus brief in Brown v. EMA: sblog.s3.amazonaws.com/wp-content/upl…
Oct 5, 2020 • 6 tweets • 2 min read
Speaking of Marvel and SCOTUS, here's a case that did get argued before the Court & resulted in a ruling: Kimble v. Marvel, over an inventor's rights in the patent used in toy Spider-Man web shooters! (by #jefftrexler) Kimble v. Marvel was a battle between contract rights and patent rights. The patent had expired - existing precedent established that royalty clauses are not enforceable for sales after a patent expires, but Kimble wanted this overruled.
Oct 5, 2020 • 13 tweets • 5 min read
What was late Justice Ruth Bader Ginsburg's role in the Jack Kirby family settlement with Marvel over character copyrights? Supreme Court procedure may be arcane at times, but the smallest moves by a Justice can have a major impact. #rbg #RIPRBG #scotus The Kirby case involved the right to terminate transfers of copyright, which enables creators to reclaim material decades after selling it. Lower courts agreed w/ Marvel that Kirby’s material was work made for hire, which meant it was never owned by Kirby & couldn't be reclaimed.