Posts

Showing posts from February 19, 2012

Gary Friedrich & Ghost Rider by Barry Pearl

Image
A legal point has come out regarding the Friedrich/Ghost Rider thing that I wanted to mention.  I am only expressing what I believe the law is, much to my surprise.  I spoke to a New York Supreme Court Judge, on several occasions, about this, twenty years ago. A small comic book store opened called the “Batcave” and DC went after them to change their name or shut down. They owners were on TV saying why are the big guys going after us?  We are just little guys?
So I asked the judge. First, he told me he helped write part of this law. Apparently, when legislators need to do technical stuff in their laws, they often asked judges to help get it right.
The government does not enforce copyright laws. Piracy yes that is criminal law, copyright and patents, no that is civil law.  They leave enforcement to the copyright holders. And the law states that there cannot be selective prosecution. In other words the must, to keep their copyright, go after everyone or the courts will no…

The Trials Of Superman Volume II - Available Now & FREE!

Image
From the introduction:
...In 2001 negotiations had stalled. The Siegel Estate was unhappy with the final offer that DC Comics had put on the table. The offer called for the Siegel Estate to hand over their portion of the copyright in return for a non-returnable advance of two million dollars, a non-returnable, non-recoupable advance of one million dollars and a minimum annual guarantee of $500,000, along with a 6% gross royalty of Superman and a 1% royalty of every Superman publication that DC Comics published. Added into the deal were assurances of medical health care, credit for Jerry Siegel and Joe Shuster and other bonuses. After the deal was accepted, in principle, the fur began to fly. Depending upon who you believe, either DC Comics changed the deal in some form, resulting in the Siegel Estate sacking their legal council and electing to hire the IP lawyer that the Shuster heirs had been dealing with – Marc Toberoff.  If you believe DC Comics, Mark Toberoff stepped into t…

Marvel vs Kirby: Appellants' Opening Brief

Image
This is the latest round in the Marvel Comics vs Jack Kirby's Estate court case - the official Opening Brief.  As we now know, Marvel won the case proper, but no sooner was the ink dry on the order than the Kirby estate appealed the decision.  As you'd expect, the appeal is based around the judge ignoring the evidence that the Kirby estate introduced, notably the testimony of Mark Evanier and John Morrow.  Marc Toberoff, the lawyer acting for the Kirby estate, wants the court to believe that Stan Lee is a totally unreliable witness, lacks credibility and his testimony should be stricken from the books.  The court is also to believe that Evanier and Morrow know more about the workings of Marvel during Jack Kirbys time than those who were actually there, such as Larry Lieber, John Romita and Roy Thomas - something that the court has already stated it can't do.  Even more disturbing is an allegation that Stan Lee threatened the livelihood of his brother, Larry Lieber, by ins…