#1085536
- Wed Sep 23 2009 12:32 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: Im Not Mister Mxyzptlk]
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Grimm
lost in time
Registered: Thu Jun 13 2002
Posts: 18621
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presactly. some early stories may have gone public domain, but the characters themselves haven't. you can bet Disney has teams of high powered lawyers to keep it that way. They have a team of super warlocks.
it was Harlan Ellison who said "Don't fuck with the mouse."
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#1085554
- Wed Sep 23 2009 03:03 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: Grimm]
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Im Not Mister Mxyzptlk
devil-lovin' Bat-Man
Registered: Mon Dec 25 2000
Posts: 32286
Loc: Jacques Brel
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I think he did design some of the villains, right?
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#1085557
- Wed Sep 23 2009 07:10 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: allan1]
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Irwin Schwab
Sigh
Registered: Thu Oct 19 2000
Posts: 50000
Loc: Multiverse
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I dunno,Mickey and Donald are public domain and I don't see Disney suffering too much. This is no exactly the case. Stories of a certain age are in the public doamin. But Mickey and Donald are still property of Disney, you can't make a Mickey and Donald movie. Also why would you oppose the kids taking a share away from a corporation but support the characters going into the public domain. With the characters in the public domain it means total strangers would be making a profit off ht old man. Why would you think its better for total strangers to profit off Kirby than his kids? I'm not against anyone making money off of corporations....it's the Ameican way.What I'm against is that the kids didn't contribute to the creation,Jack kirby did.Jack Kirby got paid for his work and then compensated some more later(again maybe not what he should've gotten but there you go).He made money at conventions he built a modest if not well-off life for his family and when he pased and his wife passed,the kids got what was in the will,just like most other families do.Does that mean that every relative tied to Kirby has a right to sue Marvel or DC for things that HE was responsible for and not them? I just don't think so.That's just my feelings on the matter.I'm not a fact-checker or legalese kinda guy.I just go with my gut on these things and think the creators should get the rights and the heirs of these people get what's in the will and that's that.And hey,if public domain gives me a chance to make a buck or two off of Captain America's image as well,then viva capitalism!!
You are assuming Kirby didn't will them the rights to any characters he owned. That's what this suit does, it determines if any of this is Kirby's. If it s surely the family shouldnt just allow his rights to be given away to a company because they are the big guy should they?
I guess you missing my point on the public domain. In one case the family, you think its wrong that they should get the rights and go make movies or whatever for profit, yet you support the public domain where anyone can get the rights and go make a profit off the characters. I dont understand how you think that the heirs are greedy for making money off of Kirby's work but Joe Blow down the street doing so is ideal.
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#1085563
- Wed Sep 23 2009 09:21 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: allan1]
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thedoctor
Timelord. Drunkard.
Registered: Sat Jun 22 2002
Posts: 20492
Loc: In the T.A.R.D.I.S.
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I think Kirby's kids have seen what Marvel is doing with Captain America, and that's why they want the rights.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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#1085564
- Wed Sep 23 2009 09:25 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: thedoctor]
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thedoctor
Timelord. Drunkard.
Registered: Sat Jun 22 2002
Posts: 20492
Loc: In the T.A.R.D.I.S.
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"What's this? A magic gun doesn't kill Cap, but sends him through time? Sis, call the lawyers."
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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#1085565
- Wed Sep 23 2009 09:33 AM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: allan1]
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thedoctor
Timelord. Drunkard.
Registered: Sat Jun 22 2002
Posts: 20492
Loc: In the T.A.R.D.I.S.
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Look,I don't understand all the public domain stuff or what it all entails other than that it gives anyone use of an image or whatever and I veiw it as well...hmmmm if I owned say.."America Auto Sales" and wanted to symbolize it with Captain America then there ya go.No harm there.
If no one holds an active trademark, then a public domain character or story is up for grabs for anyone. For example, I can republish Bram Stoker's Dracula and make movies, comics, video games, etc. directly using his book as the source material without having to pay his estate a penny because it's all public domain. I'd make all the money off of his work.
Applying that to the current conversation, that would mean that a public domain Captain America would be up for grabs for anyone as long as no one holds an active trademark. Marvel, of course, does; but let's, for argument's sake, say they don't. That means that me or any other jackass can publish Captain America comics and pocket all of the profits. Or create a TV show or movie.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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#1085572
- Wed Sep 23 2009 12:38 PM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: thedoctor]
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Grimm
lost in time
Registered: Thu Jun 13 2002
Posts: 18621
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Look,I don't understand all the public domain stuff or what it all entails other than that it gives anyone use of an image or whatever and I veiw it as well...hmmmm if I owned say.."America Auto Sales" and wanted to symbolize it with Captain America then there ya go.No harm there. If no one holds an active trademark, then a public domain character or story is up for grabs for anyone. For example, I can republish Bram Stoker's Dracula and make movies, comics, video games, etc. directly using his book as the source material without having to pay his estate a penny because it's all public domain. I'd make all the money off of his work. Applying that to the current conversation, that would mean that a public domain Captain America would be up for grabs for anyone as long as no one holds an active trademark. Marvel, of course, does; but let's, for argument's sake, say they don't. That means that me or any other jackass can publish Captain America comics and pocket all of the profits. Or create a TV show or movie.
A further example going back to the Daredevil situation: as I stated, Marvel holds an active trademark on the Daredevil name. yet, the original Daredevil is public domain. thus, he can be called Daredevil in a comic, but the comic itself cannot use the Daredevil name as a title. However, various people can use the character. Dynamite has their version: The Death Defying Devil, and Erik Larsen recently used him as The Dynamic Daredevil. But neither can call their comic Daredevil because Marvel holds an active trademark on that name.
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#1085577
- Wed Sep 23 2009 02:48 PM
Re: Kirby heirs wanting their slice of the Marvel pie.
[Re: thedoctor]
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K-nutreturns
The Abyss
Registered: Wed May 25 2005
Posts: 12295
Loc: your bat cave
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"What's this? A magic gun doesn't kill Cap, but sends him through time? Sis, call the lawyers."
is that what its come to? really?
big_pimp_tim-made it cool to roll in the first damn place! Mon Jun 11 2007 09:27 PM- harley finally rolled with me "I'm working with him...he's young but, there is much potential. He can apprentice with me and then he's yours for final training. He will remember the face of his father... Some day, Knutreturns just may be the greatest of us all...."-THE bastard
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