Tag: legal

Bill Willingham says ‘Fables’ is now in the public domain; DC says ‘Nope’

Willingham severs ties with the publisher with extreme prejudice.

Citing ongoing problems in working with DC Comics, Fables writer Bill Willingham has said he is releasing Fables into the public domain.

The quick version:

  • On Sept. 14, Willingham sent out on a press release on his Substack saying that as of Sept. 15, “the comic book property called Fables, including all related Fables spin-offs and characters, is now in the public domain.”
  • Willingham followed the next day with another post where he interviewed himself, citing problems he’s had with DC in recent years and saying “DC doesn’t seem to be capable of acting fairly and above-board.”
  • DC responded with their own statement, saying that they own Fables and that the company “reserves all rights and will take such action as DC deems necessary or appropriate to protect its intellectual property rights.”

So what’s this all about? Let’s break it down …

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Virginia judge dismisses case against ‘Gender Queer’

The court dismissed it based on First Amendment and due process grounds.

Circuit Court Judge Pamela Baskervill has dismissed the case that sought to label the graphic novel Gender Queer by Maia Kobabe and the novel A Court of Mist and Fury by Sarah J. K. Maas as obscene and illegal to sell.

The judge found that the statute pursuant to which the petitions were filed violated the First Amendment and the constitutional right to due process. You can read the judge’s full decision here.

Jeff Trexler from the Comic Book Legal Defense Fund served as Kobabe’s co-counsel and offered more details on the decision in a lengthy Twitter thread.

“Normally an obscenity statute works the way you’d expect a criminal statute to work: a person produces, possesses, distributes, etc. certain material, gets arrested on obscenity charges, gets convicted or found not guilty,” he posted. “Virginia Code § 18.2-384 is different. It provides that a citizen or attorney of any VA county/city in which sale or commercial distribution of a book occurs can initiate a proceeding to have the book declared obscene. When that happens, the judge can issue an order to show cause that the book is not obscene & can also issue a temporary restraining order against the sale or distribution of the book!”

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Comics Lowdown | Creators file class action suit against Action Lab Entertainment

Plus: News on TOON Books, Image Comics, Archie’s new editor-in-chief and more!

Nearly 40 creators have signed on for a class action lawsuit against Action Lab Entertainment and Action Lab president Bryan Seaton. Action Lab has published a long list of titles over the years, including Spencer & Locke, Princeless, Jupiter Jet, Midnight Tiger, Molly Danger and many others.

According to ClassAction.org, the 46-page complaint “contends that although Action Lab promised to print, promote and market creators’ works, report quarterly sales and income numbers, properly maintain social media accounts, and generally make a reasonable effort to sell comics, the company has largely done none of these things and even failed to inform creators when its office shut down ‘without reason.’”

Creators listed in the complaint include David Pepose, Rylend Grant, Jorge Santiago Jr., Jeremy Whitley, Ken Marcus, Tom Rogers and many more. You can read the full legal complaint here.

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Comics Lowdown | More ‘Gender Queer’ controversy

Plus: Tanzanian cartoonist arrested, NYCC manga news, and more!

Gender Queer Challenged and Defended: The Brevard, Florida, Public Schools have removed a book from the Melbourne High School public library because it contained “adult images that have no place in education.” While they did not name the book, Florida Today speculates that it was Maia Kobabe’s Gender Queer, which was the subject of a recent discussion on a local Facebook page. Superintendent Mike Mullins said that “BPS staff immediately agreed that this book violates our guidelines and that it has no place in our school district,” and he added that he has instructed the staff to check that there are no other such books in the school libraries. Gender Queer was also removed from the Fairfax, Virginia, public school libraries, but local station WTOP reports that students have pushed back: Over 400 students from across the district have signed a letter protesting the removal of the book. And in Williamstown, Michigan, parents are objecting to their children getting library cards because the book is in the local public library, according to the Lansing CityPulse.

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Comics Lowdown | Marvel creators suit, CEO’s legal wrangles

Catching up with the Marvel court case, plus the latest on Ike Perlmutter, Scott Adams and Ben Garrison.

Cover of Marvel-Verse Black Widow, showing the title character wielding a glowing sword.

Marvel: In case you haven’t had time to digest the news that Marvel has sued several creators who had taken legal action to get the rights to their characters back, here’s the scoop from The Hollywood Reporter. If you have access, the New York Times talks to the lawyers on both sides.

Meanwhile, Marvel chairman Ike Perlmutter has had a busy week. On Monday, the Military Times reports, the House Oversight Committee stated that Perlmutter and two others had “violated the law and sought to exert improper influence over government officials to further their own personal interests.” At the time, the three were “unofficial advisors” to Trump on Veterans Administration Affairs. Things went better for Perlmutter on Tuesday, when he succeeded in fending off a lawsuit by a neighbor, with whom he had quarreled over tennis courts, and who subsequently accused him of sending poison-pen letters to their neighbors and 1,000 prison inmates. If you like true-crime stories where all the crimes are petty misdemeanors, get comfy and settle in with THR’s coverage, which has plenty of links to the various tentacles of this story.

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A tale of two Sleepers

A recent graphic novel published by Simon & Schuster is in the spotlight for using the same title as a DC/Wildstorm comic.

Variety is reporting that Warner Bros. is considering legal action against the creators of a recent graphic novel called Sleeper.

Jed Mercurio, the showrunner for a British TV show called Line of Duty, co-wrote Sleeper with Prasanna Puwanarajah, an actor he’s worked with before. Coke Navarro drew the project. The problem, of course, is that the title “Sleeper” is already taken — Ed Brubaker and Sean Phillips used it back in the 2000s for a series about the Wildstorm hero Grifter that was published by DC Comics.

“Somehow no one in the entire comics industry had heard about this book of his until it was already at the printer,” Brubaker said about Mercurio’s graphic novel in his email newsletter. “Needless to say, WB owns the copyright and trademark to Sleeper as a series of graphic novels (and TV and film, I believe) and obviously they were more than concerned. So from what I understand there are a lot of legal things happening with them and the other publisher right now.”

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Comics Lowdown | Youth Media Awards announced

Plus: Egyptian cartoonist arrested; columnist proposes banning MAGA wear at conventions.

Library Talk: The American Library Association’s Midwinter meeting just ended, and the big event, as always, is the Youth Media Awards—this is when the Newbery and Caldecott medals, and a host of other awards, are announced. For over 10 years, graphic novels have won some of these awards; last year, Jerry Craft’s Class Act won the Newbery Medal, the first graphic novel to be so honored. This year’s awards:

  • Dragon Hoops by Gene Luen Yang, with color by Lark Pien, was a Printz Honor Book (runner-up for the Printz Award for excellence in literature for young adults);
  • When Stars are Scattered, by Victoria Jamieson and Omar Mohamed, illustrated by Victoria Jamieson, color by Iman Geddy, was a Schneider Family Book Award honor book (for “books that embody an artistic expression of the disability experience”);
  • Kent State: Four Dead in Ohio by Derf Backderf and Solutions and Other Problems by Allie Brosh were among the ten winners of the Alex Award for adult books that appeal to teen audiences;
  • Catherine’s War, by Julia Billet, illustrated by Claire Fauvel, and translated from French by Ivanka Hahnenberger, was an honor book for the Mildred L. Batchelder Award for translated books.

On Twitter, librarian Matthew Noe took a tour of the virtual booths of all the comics publishers at the show, with a word or two about each one. If you are interested in learning more about comics publishing and who does what, this is a great place to start!

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Comics Lowdown | Waid/Meyer lawsuit settled

Plus: Court rules Dr. Seuss/Star Trek mash-up book not protected by fair use, ‘Batman’ #1 auction and more!

Legal: Comics creator Richard Meyer has dropped his lawsuit against Mark Waid, according to Waid’s legal defense GoFundMe page. The suit began in 2018 after Meyer announced that Antarctic Press would publish his comic Jawbreaker. The publisher reversed that decision after a phone call from Waid, however, and Meyer successfully crowdfunded the comic instead. He also sued Waid for “tortious interference with contract and defamation.”

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Comics Lowdown: Who owns Atlas Comics?

Plus: Bob Clampett Humanitarian Award recipients, Paige Braddock, Frank Santoro, Dr. Gene Luen Yang and more!

Who exactly owns Atlas Comics? That seems to be the question raised in two articles from The Hollywood Reporter. Earlier this month Steven Paul, producer of the Ghost Rider film, announced via a press conference that he had bought the rights to the Atlas Comics and planned to work with Paramount to turn the properties into movies. Not so fast, said Dynamite Entertainment, who followed up by telling THR that they own the name “Atlas Comics.”

Many of you may be wondering “What the heck was Atlas Comics?” while others might be thinking, “Wait, wasn’t Atlas the company that eventually evolved into Marvel Comics in the 1960s?” And still others are wondering, “Didn’t he learn his lesson after Ghost Rider?”

But getting back to Atlas, yes, there was an Atlas Comics in the 1950s that grew out of Timely Comics and eventually became Marvel Comics. It was owned by publisher Martin Goodman, and it put out comics in a variety of genres like horror, crime, espionage and even a few superhero titles featuring characters like Captain America and the Human Torch, who had previously been published under the Timely banner. However, this isn’t that Atlas Comics.

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Comics Lowdown: 2018 sales, Michael Davis hacked

Plus: News on Mark Waid, Mary Fleener, Free Comic Book Day and more!

ICv2 and the Comichron held a special crossover event this week to share the news that “Comics and graphic novel sales hit a new high in 2018.”

“After a brief downturn in 2017, the market bounced back last year,” said Comichron‘s John Jackson Miller. “Popular releases helped right the ship in comics shops, even as other sales avenues made significant gains.”

Their report looks at three formats — comics, graphic novels and digital — across multiple channels, including crowdfunding, book fairs, mass merchants, newsstands and more.

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Comics Lowdown: ‘XIII’ creator William Vance passes away

Plus: Police investigate Mangamura, the world’s largest comics collection and more.

Passings: The Belgian artist William Vance, creator of the French-language series XIII, has died at the age of 82 from Parkinson’s disease. Born William van Cutsem in Belgium in 1935, Vance served a year in the military and then studied for four years at the Académie Royale des Beaux-Arts in Brussels. He began working for Tintin magazine (not the eponymous series, as stated in one obituary) in 1962, drawing four-page stories, and then launched the his first series, Howard Flynn (written by Yves Duval). He also was the artist for Bruno Brazil, and then he took over as the artist of Bob Morane, a series that had been started by Dino Attanasio. In 1984, he and Jean van Hamme launched XIII, a complex series partially inspired by Robert Ludlum’s Bourne character. Vance illustrated 18 volumes of XIII, which sold over 14 million volumes and was adapted into a television series. In 2010 he announced his retirement due to Parkinson’s disease.

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Comics Lowdown: Comic-Con International wins trademark suit

‘Comic con’ belongs to Comic-Con! Dr. Seuss Enterprises v. ComicMix! Plus Connor Willumson, behind the scenes on comiXology’s Guided View, recent personnel changes and more!

Legal: Comic-Con International won its trademark suit against Salt Lake Comic Con on Friday, when a jury determined that “comic con” is a trademark, and that Salt Lake Comic Con’s use of it was likely to confuse the public. However, the jury did not grant CCI the $12 million in damages that was requested in the lawsuit; stating they did not believe the infringement was intentional, they awarded CCI $20,000 for advertising to clear up any confusion.

Rob Salkowitz lays out the history of the case and the possible implications at Forbes, pointing out that some conventions already pay CCI a licensing fee for the use of the term. He also noted that the organizers of SLCC, Dan Farr and Bryan Brandenburg, tried to paint themselves as the Davids to CCI’s Goliath and ran a crowdfunding campaign to pay for their legal fees—but they also gave themselves $225,000 in bonuses. At the trial, however, CCI produced a survey that showed more than 70 percent of respondents identified the term “comic con” with the San Diego event.

In a statement released later that day, CCI reiterated that the trademark was theirs and that they had worked for almost 50 years to build that brand. “From the beginning all that we asked of the defendants was to stop using our Comic-Con trademarks,” the statement said. “Today we obtained a verdict that will allow us to achieve this. For that we are grateful.”

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