If ever you thought those advocating copyright term extensions were looking out for the interests of artists, not corporations, think again. This case lays bare the ugly copyright sausage factory:
[Copyright lawyer, Marc] Toberoff is tackling what could be one of the most significant rights cases in Hollywood history; it’s certainly the biggest involving a superhero franchise. Unlike his continuing fight with Warner Brothers over Superman, Mr. Toberoff’s rights-reclamation effort against Marvel involves dozens of stories and characters from about 240 comic books.
Complicating matters are licensing agreements Marvel has made over the years with rival studios for characters [Jack Kirby] helped to create. Sony holds long-term movie rights to Spider-Man; 20th Century Fox has the equivalent for the X-Men and Fantastic Four. Universal Studios holds theme park rights to Spider-Man and the Incredible Hulk. And more films stemming from Mr. Kirby’s work are coming: Marvel is spending hundreds of millions to bring Thor and the Avengers to theaters.
Apparently there’s “a provision in copyright law that, under certain conditions, gives authors or their heirs the right to regain ownership of a product after a given number of years.” (If you can point me to more on that provision, please do.) The suit follows up on the 45 notices of termination Kirby’s estate sent out to Marvel.
Justin Levine calls for a pox on all of their corporate houses:
Current copyright law not only fails in its basic function in maximizing the creation and distribution of new works, but it also happens to be disastrously constructed. With more and more creations now being considered ‘derivative works’, the law now prevents any clear certainty as to who owns what without going through a lengthy and expensive litigation process.
When it comes to our tools of culture and speech, the one area of law that should be easily accessible to all should be IP laws. Sadly, that is not the case. It has become little more than a self-justified business to employ IP attorneys – the 21st Century’s breed of ambulance chasers.
The full complaint filed by Toberoff.