Comic-Con Program; Comic Book Law School 303: Oh, And Another Thing:
"Noted attorney Michael Lovitz, author of the sold-out The Trademark and Copyright Book comic book, returns to deal with the more advanced (and often complicated) issues facing the creative community, particularly in light of the ever-expanding worlds of new media. Creators aren't the only ones facing potential problems and issues -- publishers, distributors, retailers, and even the ultimate consumers can find themselves facing legal issues they never expected. Infringements, misuse, tarnishment, dilution, knockoffs, lawsuits, satires, parodies, fair use, blogs, podcasts, tweets, and cybersquatters are just some of the many potential problems that may arise once creative works and products become accessible to others. This session explores how copyright and trademark rights are enforced, how one's legal muscles may be flexed, and what to do when finding yourself in a legal minefield. Plus, time permitting, discussion about recent legal decisions and pending cases that are likely to affect the field of popular culture and how they might play an important role in your creative and business plans. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"
http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239
Showing posts with label comic rights expert Michael Lovitz. Show all posts
Showing posts with label comic rights expert Michael Lovitz. Show all posts
Sunday, July 25, 2010
Comic-Con Program: Comic Book Law School 202: Greed Is Good...Or Is It?, 7/23/10
Comic-Con Program; Comic Book Law School 202: Greed Is Good...Or Is It?:
"Noted attorney Michael Lovitz, author of the acclaimed The Trademark and Copyright Book comic book, is back ready to tackle a number of the more advanced issues facing authors, artists, and designers, particularly once they've "broken through" and started publishing and selling (and maybe merchandising too). This second Comic Book Law School session addresses some of the complicated issues surrounding marketing properties and creative ideas, including transfers and licensing of rights; production, merchandising, and distribution agreements; and the key things you should know when Hollywood comes knocking. This interactive seminar gives attendees the opportunity to participate in the discussions as Lovitz (with an assist by entertainment attorney Mona Metwalli) covers various means for profiting from creative works and explores the many important elements that form the foundation of every contract (and time permitting, maybe participate in a mock contract negotiation). With in-depth discussions about the options and opportunities for profit, as well as the problems and pitfalls that go hand in hand with each decision, you can't afford to miss this seminar. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"
http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239
"Noted attorney Michael Lovitz, author of the acclaimed The Trademark and Copyright Book comic book, is back ready to tackle a number of the more advanced issues facing authors, artists, and designers, particularly once they've "broken through" and started publishing and selling (and maybe merchandising too). This second Comic Book Law School session addresses some of the complicated issues surrounding marketing properties and creative ideas, including transfers and licensing of rights; production, merchandising, and distribution agreements; and the key things you should know when Hollywood comes knocking. This interactive seminar gives attendees the opportunity to participate in the discussions as Lovitz (with an assist by entertainment attorney Mona Metwalli) covers various means for profiting from creative works and explores the many important elements that form the foundation of every contract (and time permitting, maybe participate in a mock contract negotiation). With in-depth discussions about the options and opportunities for profit, as well as the problems and pitfalls that go hand in hand with each decision, you can't afford to miss this seminar. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"
http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239
Comic-Con Program: Comic Book Law School 101: Start Your (Creative) Engines!, 7/22/10
Comic-Con Program; Comic Book Law School 101: Start Your (Creative) Engines!:
"Any racer will tell you that the key to winning is preparation. The same is true for creative enterprises -- rushing a new property out the door without the proper IP protections in place could be costly. Luckily, help is close by, as the Comic Book Law School series returns to Comic-Con, brought to you by noted attorney Michael Lovitz, author of The Trademark and Copyright Book comic book. This interactive lecture series provides a basic foundation for understanding copyright and trademark law. Up first, the basics of protection and ownership of ideas, works of authorship, characters, and names from conception through publication and beyond. Attendees will participate in an interactive discussion about basic rights provided under U.S. copyright and trademark laws, as well as new decisions and changes in the law and how they could affect those rights. Along the way, there will be plenty to learn about the protections, and pitfalls, of the U.S. trademark and copyright systems. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"
http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239
"Any racer will tell you that the key to winning is preparation. The same is true for creative enterprises -- rushing a new property out the door without the proper IP protections in place could be costly. Luckily, help is close by, as the Comic Book Law School series returns to Comic-Con, brought to you by noted attorney Michael Lovitz, author of The Trademark and Copyright Book comic book. This interactive lecture series provides a basic foundation for understanding copyright and trademark law. Up first, the basics of protection and ownership of ideas, works of authorship, characters, and names from conception through publication and beyond. Attendees will participate in an interactive discussion about basic rights provided under U.S. copyright and trademark laws, as well as new decisions and changes in the law and how they could affect those rights. Along the way, there will be plenty to learn about the protections, and pitfalls, of the U.S. trademark and copyright systems. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"
http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239
Friday, September 25, 2009
Unpacking The Kirby Reclamation Case; Comic Book Resources, 9/25/09
Kiel Phegley, Comic Book Resources; Unpacking The Kirby Reclamation Case:
"From the Fantastic Four to Iron Man and even to Spider-Man (a character most comics historians generally don't attribute to Kirby's pen beyond a possible hand in design), almost the entirety of what many fans both hardcore and casual would consider the core of the Marvel Universe are named in the papers, which were served both to Marvel Entertainment, their prospective buyer the Disney Corporation and Sony Pictures, Universal Pictures, 20th Century Fox, Paramount Pictures and more companies who have profited from major adaptations of the Marvel characters.
However, while the idea that the Kirby estate may regain a piece of the copyrights for the superheroes has kept talk and speculation high, only a small part of the conversation has gotten to the heart of what's at stake in the filing. While part of this comes from fact that very little about the case has made it to the public eye just yet (when reached via e-mail by CBR, the Kirby's attorney Marc Toberoff declined to comment), many of the issues surrounding copyright law and this case in particular can be confusing to those without law degrees. "In reading some of the articles that are out there, I keep wanting to send notes to people saying, 'No, that's not right,'" laughed intellectual property lawyer and comic rights expert Michael Lovitz of Los Angeles firm Buchalter Nemer. CBR contacted Lovitz (who aside from hosting the annual "Comic Book Law School" panels at Comic-Con International in San Diego also represents comic artists like Colleen Doran and Bob Layton) to help parse out the details of the Kirbys' attempt at reclaiming rights from Marvel.
Lovitz stressed that, at this point, there is no lawsuit involved in the proceedings, and for now neither side has to do much of anything for a number of years. The notice of reclamation filed by the Kirby family only indicates that they do intend to lay claim to a share of the Marvel characters once the initial period of copyright would have ended, which for the individual heroes and villains in question could fall somewhere between 2017 and 2019. "And then they could exercise their rights for the remainder of the extended period [if they win]. They could sell it to the same people, sell it to someone else or do something with it themselves."
"The way the trademark statute is set up, each time the law was rewritten and the term of protection extended, there was an addition that said, 'We recognize that when a creator goes to a big company and sells a property to them, they're not in the best bargaining position,'" Lovitz explained, citing the current case of Jerry Siegel's family over the rights to he and Joe Shuster's Superman as a prime example. "They made an original bargain back then for 56 years of protection. If I write a novel and sell it to [you as a company] back in the '30s, I know the maximum amount of time you'll be able to capitalize on it is 56 years, and I take that into consideration when I make the bargain with you. What the people who lobbied congress said was, 'That's fine, but you're extending from 56 to 75 and then later 95 years of protection for those older works. They only bargained for 56, so you should give the original creators the ability to terminate the transfer.' That's what's going on here: a termination of the transfer of rights."
The major difference between the Kirby case and the Siegel case (which, since its moved into an actual lawsuit with Warner Brothers, has been handled with much success by Toberoff) is that in the case of Superman no one ever argued that Siegel and Shuster had not created the character independently and then sold it to DC....
However, the Kirby case holds many more complications as the process of figuring out what exactly the family might be owed involves placing a concrete legal answer onto one of the great comic fan debates of all time: Who exactly created what and when at Marvel Comics?...
Ultimately, the future of the legal rights of Jack Kirby and Marvel both will make for exciting reading for comics fans and legal types, especially since the future may only hold more and more cases of creators and their families trying to reclaim their classic characters. "You always read these little comments of people saying, 'How interesting that in ten years you could have Time Warner doing a Spider-Man movie and Disney doing a Superman movie?' " laughed Lovitz. "And how ironic that the company that was one of the biggest proponents of the copyright extension, Disney, may find itself being burned because of those extensions that gave in the rights of reversion?""
http://www.comicbookresources.com/?page=article&id=23063
"From the Fantastic Four to Iron Man and even to Spider-Man (a character most comics historians generally don't attribute to Kirby's pen beyond a possible hand in design), almost the entirety of what many fans both hardcore and casual would consider the core of the Marvel Universe are named in the papers, which were served both to Marvel Entertainment, their prospective buyer the Disney Corporation and Sony Pictures, Universal Pictures, 20th Century Fox, Paramount Pictures and more companies who have profited from major adaptations of the Marvel characters.
However, while the idea that the Kirby estate may regain a piece of the copyrights for the superheroes has kept talk and speculation high, only a small part of the conversation has gotten to the heart of what's at stake in the filing. While part of this comes from fact that very little about the case has made it to the public eye just yet (when reached via e-mail by CBR, the Kirby's attorney Marc Toberoff declined to comment), many of the issues surrounding copyright law and this case in particular can be confusing to those without law degrees. "In reading some of the articles that are out there, I keep wanting to send notes to people saying, 'No, that's not right,'" laughed intellectual property lawyer and comic rights expert Michael Lovitz of Los Angeles firm Buchalter Nemer. CBR contacted Lovitz (who aside from hosting the annual "Comic Book Law School" panels at Comic-Con International in San Diego also represents comic artists like Colleen Doran and Bob Layton) to help parse out the details of the Kirbys' attempt at reclaiming rights from Marvel.
Lovitz stressed that, at this point, there is no lawsuit involved in the proceedings, and for now neither side has to do much of anything for a number of years. The notice of reclamation filed by the Kirby family only indicates that they do intend to lay claim to a share of the Marvel characters once the initial period of copyright would have ended, which for the individual heroes and villains in question could fall somewhere between 2017 and 2019. "And then they could exercise their rights for the remainder of the extended period [if they win]. They could sell it to the same people, sell it to someone else or do something with it themselves."
"The way the trademark statute is set up, each time the law was rewritten and the term of protection extended, there was an addition that said, 'We recognize that when a creator goes to a big company and sells a property to them, they're not in the best bargaining position,'" Lovitz explained, citing the current case of Jerry Siegel's family over the rights to he and Joe Shuster's Superman as a prime example. "They made an original bargain back then for 56 years of protection. If I write a novel and sell it to [you as a company] back in the '30s, I know the maximum amount of time you'll be able to capitalize on it is 56 years, and I take that into consideration when I make the bargain with you. What the people who lobbied congress said was, 'That's fine, but you're extending from 56 to 75 and then later 95 years of protection for those older works. They only bargained for 56, so you should give the original creators the ability to terminate the transfer.' That's what's going on here: a termination of the transfer of rights."
The major difference between the Kirby case and the Siegel case (which, since its moved into an actual lawsuit with Warner Brothers, has been handled with much success by Toberoff) is that in the case of Superman no one ever argued that Siegel and Shuster had not created the character independently and then sold it to DC....
However, the Kirby case holds many more complications as the process of figuring out what exactly the family might be owed involves placing a concrete legal answer onto one of the great comic fan debates of all time: Who exactly created what and when at Marvel Comics?...
Ultimately, the future of the legal rights of Jack Kirby and Marvel both will make for exciting reading for comics fans and legal types, especially since the future may only hold more and more cases of creators and their families trying to reclaim their classic characters. "You always read these little comments of people saying, 'How interesting that in ten years you could have Time Warner doing a Spider-Man movie and Disney doing a Superman movie?' " laughed Lovitz. "And how ironic that the company that was one of the biggest proponents of the copyright extension, Disney, may find itself being burned because of those extensions that gave in the rights of reversion?""
http://www.comicbookresources.com/?page=article&id=23063
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