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Thursday, June 2, 2011

This is Why Clark Kent Isn't a Lawyer

I think I've mentioned my total non-expertise on matters relating to comic books.
Nevertheless, I do know a thing or two about U.S copyright laws.

That is to say, I know precisely one thing about U.S copyright laws: they are currently in a state of extreme, unprecedented chaos.

Thanks to the advent of web sharing and other open access vehicles, this chaos extends to the cellular core of our artistic culture. Artistic 'property' has virtually become a thing of the past, even as diehard capitalists cling to it like a soaked million dollar billfold in the middle of the Atlantic.

And maybe that's not a totally horrible thing. I mean, aside from the fact that the artist should benefit enormously and solely from whatever he or she produces. That's obvious. But what about the artists' descendants? Does the family have more rights to use a character than the avid fans? Even after the original character has changed, broadened, evolved without the original artist's hand?

I pose these questions because of the Man of Steel himself.
For whatever reason [muddled and outdated copyright laws, a potentially shady legal counsel, judiciary acrobatics, two money-hungry families, or two easily manipulated families, or all of the above] Warner Bros., aka DC, have spent the last few years battling the artists estates for the rights to Superman.

If my understanding is correct, and if court procedures continue unabated, the families of Siegel and Schuster may retain the right to control the content of all Superman properties. Actually, the families' attorney, Marc Toberoff, seems to have weaseled his way into owning a big share himself. Right now, The Siegels, the Schusters, their attorney, and WB are sharing Superman. It is not unlike how a set of spoiled rotten adolescents share their action figures. That is to say, they don't share. And then your cool Superman toy gets his arm torn off and you lose the piece under the couch, never to be found again.

What does this mean for future Superman projects?
I don't know, and no one else seems to have a clue either. Maybe DC will introduce Duperman and his plainspoken alter ego Dick Dent.

For much more accurate, informative information, read this article on legalfish.com.

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