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Roleplaying and chat/discussion guild for Western comic book fans. 

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The Legal side of comic books

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Jonah Hex

PostPosted: Tue May 09, 2006 7:23 pm


This is a thread I've been intending to make for a long time, and only just got around to it...

On the CD board the topic of the legal side of comic books comes up often. Sometimes it's about specific legal battles (Stan vs. Marvel, Charles Atlas estates vs. DC). Sometimes it's about what is and isn't legal (parody? Copyright infringement?). Sometimes it's even a little more sordid then that (did the head of the Comic Book Legal Defense Fund drunkenly grope a female indy writer, and have charges pressed against him?)

I thought we could start this thread in Kapow!, first for brainstorming legal issues and topics that interest us. Then, we could get some information, concentrate our collective brains, and create a mini-database of sorts to present to Comic Discussion in general, to help answer questions, teach a little about the legal side of comics, and have fun discussing and debating the different sides of the issues.

I know offhand that there are several people here in the guild with a lot of knowledge about different legal stories from the comics industry. Let's start off by listing the big ones we know of.

I'll start with:

The Edgar Winters Group vs. DC and Joe Lansdale: The Vertigo 'Jonah Hex' series ended up wrought with controversy thanks to a pair of characters known as the 'Autumn brothers' showing up in one of the miniseries'. The Autumn Brothers, obviously based on the actual brothers from the Edger Winters group were, like the Winters brothers, albinos from the South. Unlike the Winters brothers (presumably), the Autumns brothers had sex with pigs, were mentally retarded, and were born after an alien worm raped their mom, making them half alien worm.

For some reason, this caused Edgar and his brother Johnny to think they deserved money from DC. I've looked into the story behind this in the past, but some of the details are either obscured or just plain reported wrong by some of the websites I've found. I'll see what I can dig up about this libel lawsuit.

What have you got in your briefcase?
PostPosted: Tue May 09, 2006 7:52 pm


I'd love to do The Estate of Charles Atlas versus DC Comics, but I'm sure that Kay knows scads more about it than I do. sweatdrop

Doctor Pamela Isley


Lucifer Morningstar
Crew

PostPosted: Tue May 09, 2006 11:21 pm


I'm memoing to myself the following:

Seigal/Shuster and the rights of Superman with DC
Neil Gaiman vs. Todd MacFarlane
Bob Kane and the rights to Batman

These are the crucial ones, I'll probably stick up more.
PostPosted: Sun May 14, 2006 9:50 am



Jonah Hex


Brian K. Durlin

PostPosted: Sun May 14, 2006 10:17 am


If it comes to the point where parodies are never allowed in comics again....god that's going to cripple the industry.
PostPosted: Sun May 14, 2006 1:52 pm


Doctor Pamela Isley
I'd love to do The Estate of Charles Atlas versus DC Comics, but I'm sure that Kay knows scads more about it than I do. sweatdrop


I'll put something together.

The trouble is that what happened in court is very simple...

Jeffrey C. Hogue, president of Charles Atlas Ltd, said "There has to be a limit to how far you can let someone ridicule your trademark"

(Why? Is satire only allowed if it promises not to be effective?)

District Judge Naomi Reice Buchwald stubbornly thought that that wacky First Amendment of yours was more important and ruled that the issues of Doom Patrol in question were, "precisely the type of expression of ideas that the First Amendment is designed to protect."

And the Atlas suit got chucked out of court in a very clean win for DC.

Where it gets complicated is that DC then came to some sort of out-of-court agreement with the Atlas estate in order to prevent them chancing thier arm with any further legal action or challenges. Lots of people online will tell you exactly what this agreement consisted of, and all of them will vary wildly on the details. Either way, since they're reprinting the issue around which the case was made in the forthcoming Doom Patrol vol.4: Musclebound trade, which has Flex on the cover and hypes the Flex-content in the solict, then it seems like as of 2006 DC have thrown caution to the wind.

Kay_Challis


Jonah Hex

PostPosted: Sun May 14, 2006 1:55 pm


Considering that McFarlene just released a "Man of Miracles" action figure, a review of that legal mess would be appreciated. How can he get away with that?
PostPosted: Sun May 14, 2006 2:24 pm


Well, here's some legal mumbo jumbo about it: http://www.atforumz.com/archive/index.php/t-109277.html

GLKilowog

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