Brief Trademark Ponders

A few interesting links related to Trademarks (not to be confused with copyright, but people do, and so do I). For example, the Open Rights Group (of which, last time I looked, I was Patron, but I don't have to do anything except be on the letterhead and possibly make the cucumber sandwiches) posted http://www.openrightsgroup.org/2008/05/08/bbc-removes-doctor-who-fans-knitting-patterns-from-the-web/ -- the story of a fan who was told by the BBC to take down the Dr Who knitting patterns from her website. Interestingly, the Head of Communications at the BBC left a message on the ORG blog, and amplified it on the BBC news site, pointing out that their problem was not with the creator but with the people who were taking her designs, making the toys, and selling them on eBay.

One commenter said, My own opinion is that the BBC would be correct to target Ebay sellers and anyone attempting to make a profit from their intellectual property, as is their right. Unfortunately rather than do this actively, they have chosen the easy option of attacking a person whose only ‘crime’ is she has the imagination and flare to design knitted patterns and make them available not for profit, based on Dr Who characters...

Which was the last thing I read before reading this Boing-Boing article, this Beat coverage, and this follow-up blog posting from the person who was running the ebay auction: Warner Brothers lawyers closed down a children's cancer charity eBay auction because it was selling original Superman drawings...

And mostly, I'm just glad that I'm not a corporate trademark lawyer.

(Also, I think -- and have thought for about 17 years, ever since the Comic Relief Comic problems -- that Warner Corporate needs to change its policies with regards to DC Comics and charities and allow DC Comics as much latitude as, say, Marvel. But it hasn't happened yet.)

Pajamablog

Running for a plane....

Dear Neil,

I've been thinking about the Siegel & Shuster families regaining the rights to Superman, and it raised some questions to which I can't find ready answers and thought you might have.

(I'll use your works as illustrative points since you know what rights you have to your works.)

If a character is created by more than one artist (Superman by Siegel & Shuster, Tim Hunter by yourself & Mr. Bolton), do both artists or their estates have the right to separately sell licensing, merchandising rights, etc? Could the Siegel estate sell the rights to a Superman movie to Fox, the Shuster estate sell the rights to a Superman movie to Universal and DC still make films with Warner? Also, do you have the rights to just the characters, or do you have the rights to sell the stories you wrote for, say, "Sandman" or another serial owned by another person or company?


It bothers me that there might be a potential for a David Niven "Casino Royale" situation with other characters of whom I'm fond, especially the Man of Steel.


Cheers!

-Kerwin

I think you mean "Thunderball" not "Casino Royale" -- the problem with "Casino Royale" IIRC was simply that someone else owned the film rights,and used them to make a parody after the bond films had become successful. Thunderball was co-written (started out as a film treatment with someone else, which Fleming then novelised, and the someone else sued and established that they co-owned the copyright on the treatment) which allowed "Never Say Never Again", which has the same plot, to be made...

The short answer is, Yes you do. And it's not as simple as that, because there's trademarks and suchlike to consider, and most the comics examples you're pointing at are Work For Hire and owned by the company.

Look over the Posner decision (which is up at http://www.projectposner.org/case/2004/360F3d644/ -- the link from two days ago seems to have died.) If I feel like licensing out a Medieval Spawn comic -- or Medieval Spawn underpants -- I can. It's co-created, not work for hire, and co-owned.

If DC Comics wished to avoid future problems with Superman and the estates of the creators, I cannot help feeling that, seeing DC knew what the law said, they should have done a sensible deal with the Shuster family in 1999, rather than forcing them to fight a nine-year law case. That way the Shusters go, "Thanks for the money, of course everything will stay like it is," rather than, "Eww. You people are nasty. Why did you make us fight for something that was ours? We'll go and talk to Marvel and Twentieth Century Fox about licensing a Superman movie." It's what I would have done, if I was DC and Warners anyway.

My assistant has just pointed out that I am leaving for a plane to Australia in 40 minutes and am blogging in pajamas so will I kindly back away from the keyboard...?

Only time for a quick link to the Neverwhere circus-play at http://www.actorsgymnasium.com/site/epage/46772_314.htm If you get to it, send a review and I'll try and post it or link to it...

Off to airport. But first -- clothes!

...

Later. Five minutes until I leave the house. I seem to have just destroyed one cell phone and lost the other, which means I may be buying a new one in Narita airport. Argh. Meanwhile, if you want to learn too much about an author and his notebook...

http://www.spacecast.com/interview_5239.aspx

a quick one

Lots of questions about the Siegel copyright decision, including "don't you have to be dead to take advantage of this?" (no) and "Does this apply to you and can you get copyright on your Sandman stuff now?" (no and no)-- here's an FAQ on the Siegel decision: http://uncivilsociety.org/2008/03/a-siegel-superman-copyright-de.html

...

And here's the schedule of my trip to Australia at the end of April and beginning of May:


Wed 30th April HOBART

7.00pm PUBLIC EVENT: Author Talk & Signing

Address: Hadley s Hotel

34 Murray St, Hobart TAS

Duration: 20 min author talk & 40 min Q&A, followed by
author signing

Bookseller: Ellison Hawker Bookshop


Sun 4th May MELBOURNE
9.15am PUBLIC EVENT: CBCA Keynote Session
Address: Melbourne Convention Centre
Corner Spencer & Flinders Streets,
Melbourne VIC


MON 5th May MELBOURNE


1.00pm PUBLIC EVENT Author Talk & Signing

Address: State Library of Victoria

Centre for Youth Literature

(Village Roadshow Theatrette)

325 Swanston St, Melbourne VIC

Duration: 20 minute author talk & 40 minute Q&A/ signing

Bookseller: The Little Bookroom





MON 5th May MELBOURNE

7.00pm PUBLIC EVENT Literary Dinner

Address: Georges Restaurant

819 Burke Road, Camberwell VIC

Duration: 20 minute author talk & 40 min Q&A session
following dinner

Bookseller: Dymocks Camberwell


TUES 6th May SYDNEY

6.00pm PUBLIC EVENT Author Talk & Signing

Address: Books Kinokuniya

Level 2 The Galeries Victoria

500 George St, Sydney NSW

Duration: 20 minute author talk & 40 min Q&A session.
Followed by author signing.

Bookseller: Kinokuniya


WED 7th May SYDNEY


12.00pm PUBLIC EVENT: Author signing

Address: Dymocks George St

424 George St, Sydney NSW

Duration: approx 1 hour

Bookseller: Dymocks George St

oh good

This New York Times article is very good news, and was, I think, inevitable. In brief, a share in the copyright to Superman that should have returned to the creators, under laws that helped creators of art and music who had been ripped off when younger to regain a portion of the rights to their song or creation, has been deemed by a judge to have been returned to the heirs of Jerry Siegel, with Time Warner and DC Comics kicking and screaming all the way. (On the one hand, I can hardly blame them. On the other, the law was obviously the law, the conclusion was pretty much inevitable -- although I'm sure it's been an enormous relief to the family -- and I suspect the main purpose of the court case has been to put off the moment of reckoning as long as possible; not the moment of financial reckoning, because that clock started ticking in 1999, but the moment that the heirs to Superman could license Superman to entities other than DC Comics, which, as co-copyright holders, they are entitled to do. Marvel Comics publishing their own Superman comic, anyone?)

When I did something like this on a much smaller scale, I remember how much of a relief it was when the court awarded me my share in the characters I'd co-created. (I really ought to do something with it. Anyone want to publish an ANGELA comic? Or Medieval Spawn?)

It's traditional for newspapers to get Jerry Siegel and Joe Shuster's names wrong, but the New York Times photo caption Max Shuster, left, and Jerry Siegel, right, sold the rights to Superman in 1938 for $130 is a welcome variation on an old theme.