Arash Steindamm sent in this report on Marvel Comics legal woes and how it may effect future films based on their characters. Its involved stuff, probably for only the most interested geeks, and those with NO attention deficit problems for sure...
The Following Story Originated On Cinescape.Com
A startling revelation has been made in the recent Marv Wolfman/Blade lawsuit that could having a shocking effect on how things settle financially with The X-Men movie as well as other Marvel properties currently in the works as movies or TV shows.
It all started with the lawsuit by comic writer and Blade creator Marv Wolfman, whose lawsuit against Marvel maintained that he had created Blade the Vampire Slayer (which was the basis for the very successful Wesley Snipes starring movie, Blade). Wolfman’s contention was that he had created the character as a freelancer which entitled him to ownership of Blade and that the movie was done in spite of his claim.
Now, according to Comicon Splash, Marvel’s Director of Intellectual Property and Publishing Rights, Carol Platt, testified that Marvel’s records regarding freelance creator payments and releases prior to late 1979 and the early ‘80s cannot be found.
Under questioning, a Ms. Kleinick, attorney with a Delaware lawfirm retained by Marvel, Platt is said to have revealed the following in a transcript said to have been acquired from the office of the Court Reporter:
Kleinick: Are you familiar with the records that are maintained by Marvel?
Platt: Yes.
Q: Did you conduct a search of Marvel's records in an effort to locate the checks that were issued to Marvel freelancers during the 1970's?
A: Yes.
Q: Can you describe the search you conducted?
A: We checked the files that were in house in Marvel's offices, and then thoroughly went through the printout of the description of all the boxes in the warehouse, and, based on those descriptions, ordered certain boxes to be pulled by the warehouse. I then went over and spent a day at the warehouse going through those boxes to check their contents.
Q:And who at Marvel is responsible for indexing the list, the index you referred to?
A:When a person prepares a box of documents for storage, that person is responsible for preparing a list of what is in the box, and a description. They are then handed to whichever person in that point in time is in charge of warehousing documents, and the description and the contents are put on the front of the box, and its recorded in a book and sent to the warehouse.
Q: Was the search that you conducted limited to checks issued to Mr. Wolfman during that period, or did you search for checks issued to any freelancer during the 1970's?
A: We were really looking for anything that came from that period.
Q: And were you able to locate any checks that were issued to any freelancers during that period?
A: There was nothing that we found that went back earlier than the eighties.
Q: Did you conduct a similar search of Marvel's records with respect to the artwork release forms executed by freelancers during the 1970's?
A: Yes.
Q: And what was the date of the oldest artwork release form that you were able to locate in Marvel's files?
A: I believe it was 1979, was the earliest one.
Immediately, this would seem to be in Wolfman’s favor, though it may have even larger ramifications. For example, many of the prominent characters of the "New" X-Men, including Wolverine, were created prior to 1979. Beyond that, ownership of some of the elements of the forthcoming X-Men movie might come into question. At the very least, unless Marvel can prove otherwise, there is a possibility that comic talents who worked and created a number of licensed characters from that era could possibly get a piece of the financial action. On the other hand, it would seem to be of the highest priority for Marvel to locate the missing files. Should they do so, this could all be a moot point.
While talking to Comicon Splash, Louise Nemschoff, a Los Angeles-based entertainment and intellectual property lawyer who also happens to represent a number of comic book writers and artists, explained Marvel’s situation, saying "The news [about the state of Marvel’s records] is troubling but not surprising. The comic book industry, in general, was relatively slow in recognizing the need to document chain of title… A studio that plans to invest millions of dollars to produce a motion picture wants a clear and unequivocal chain of title to the property as a whole and to all of the characters that will be appearing in the film. If there is no paperwork confirming the publisher’s ownership of rights or assigning the rights from the creator to the publisher, there is always a risk of litigation. In the absence of written contracts clearly setting forth ownership of the rights to a character, a court would ultimately have to determine a number of issues, including who created the character, whether the character was created as a work-made-for-hire, whether the publisher had an oral or implied contract for the rights to the character, what the terms of that agreement might be, and whether the creators claims have been barred by the statute of limitations. Even if the studio and publisher finally prevail, the litigation itself could result in significant costs and delay the production."
Given the recent stories of the possible returns of the Superman and Captain America copyrights to their respective creators and/or their estates, the dawning of this new century may also bring some shocking changes in how the business of creativity is done… as well as a major change in who actually owns some very high profile franchises.
Ohhhhh noo!
Arash out.
