The Interpreter Posted September 21, 2009 Share Posted September 21, 2009 ...It looks like Disney may not get be able to use the Hulk as a theme park character. The family of late artist Jack Kerby has filed "notices of termination" that seek to regain copyright control of the characters originally created by the artist. Kerby is known for co-created a slew of Marvel characters in the 1960's, such as X-Men, the Fantastic Four, Thor and the Incredible Hulk. He was the artist and co-plotter with Stan Lee. The artist's children have served the notices to Disney, Marvel, Sony Pictures, 20th Century Fox, Paramount Pictures and Universal Pictures.... Kerby left the company in 1970 to work for DC Comics. According to copyright law, he was not allowed to file claim to copyright his work for Marvel until 56 years after the publication. He died in 1994. The notices are scheduled to take place over a 45-year period. The Fantastic Four claims will take place in 2017, with the Hulk in 2018, and X-Men in 2019.... http://www.thecelebritycafe.com/features/33769.html See also: http://dealbook.blogs.nytimes.com/2009/09/...es-over-marvel/ And: http://mediadecoder.blogs.nytimes.com/2009...laim-rights/?hp Quote Link to comment Share on other sites More sharing options...
shark6495 Posted September 21, 2009 Share Posted September 21, 2009 Now terp I may be wrong but reading the nytimes blog it seems that the family may not be able to claim the copy-write.... it seems they are doing this to gain their piece of the pie, but it sounds like Marvel may have an opportunity to say that the characters were created for their business and that they own the rights.... With that being said the heirs of Seigel (Superman) are getting a cut from WB and DC..... so many twists and turns Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 21, 2009 Author Share Posted September 21, 2009 Terp didn't opine about this, nor will he. He quoted an article, which states that claims are being made. Until such claims are resolved, they remain just that, claims. Claims alone can affect what a company may or may not do. I should point out this affects many other companies as well, not just Disney, though. Universal, Paramount, Sony, etc. are mentioned in the article as being potentially affected. Quote Link to comment Share on other sites More sharing options...
shark6495 Posted September 21, 2009 Share Posted September 21, 2009 Oh I understand you didnt write anything I was asking for your intellectual opinion to have a discussion about it as such....... Since I am a bit of a comic nerd in my free time I have been trying to follow the Disney ordeal. It seems to be a good move by Disney to try and get the Little Boys to enjoy Disney since they own the Little Girl segment. Time will tell I suppose but it would be interesting to see how Disney would handle the Marvel characters in their Parks once the licensing is over at the other parks....... Hey I can hope for a picture of me in the middle while The Hulk bench presses Mickey.... Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 21, 2009 Author Share Posted September 21, 2009 Universal execs have indicated they have the rights to use the Marvel Characters at Universal in Florida for as long as they wish, absent this claim, of course. Quote Link to comment Share on other sites More sharing options...
Diamondback FOF Posted September 21, 2009 Share Posted September 21, 2009 Is Disney allowed to use the Marvel Characters while they are still being used at Universal in Florida? (sometime in the future, not immediately, obviously) Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 21, 2009 Author Share Posted September 21, 2009 If Universal was given an exclusive license (which they almost certainly were) no. But, Disney could always pay Universal to give up that license. How much? There's the rub. Quote Link to comment Share on other sites More sharing options...
Beast1979 Posted September 21, 2009 Share Posted September 21, 2009 I can't imagine that they would both use the same characters in parks so close to each other. Universal keeps the characters until Disney offers them a price, which most likely won't be enough. Quote Link to comment Share on other sites More sharing options...
Diamondback FOF Posted September 21, 2009 Share Posted September 21, 2009 I don't see Disney offering up money in the near future (four or more years) for a couple reasons: -They just paid $4B for the characters. That is a lot of money. -It would cost quite a bit of money to incorporate the characters into the park(s). -They have something that works really well. Why pay the money to change it? So Universal pretty much controls if Disney uses the Marvel Characters in their parks as long as they (Universal) are using them? Would that exclusive license apply universally (the entire world) so Disney couldn't use the characters overseas at their parks, or just in the Orlando parks? I would think the former. Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 21, 2009 Author Share Posted September 21, 2009 Universal no longer uses the Marvel characters in California.... Quote Link to comment Share on other sites More sharing options...
Diamondback FOF Posted September 21, 2009 Share Posted September 21, 2009 So...? It would probably only apply to other parks in Orlando? Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 21, 2009 Author Share Posted September 21, 2009 That would depend on the specific terms of the license that was granted to Universal. As always, the broader the area, the more it would have cost. Scooby, for example, can be found in the dark ride at Six Flags St Louis and at Fiesta Texas...Spongebob was in many motion theaters at Six Flags. Quote Link to comment Share on other sites More sharing options...
Beast1979 Posted September 21, 2009 Share Posted September 21, 2009 -It would cost quite a bit of money to incorporate the characters into the park(s). -They have something that works really well. Why pay the money to change it? http://www.visitkingsisland.com/events/eve...50&ec_id=15 Now, I will admit, Marvel is much more well known and probably a lot more popular, but you get the idea. Quote Link to comment Share on other sites More sharing options...
RollerNut Posted September 22, 2009 Share Posted September 22, 2009 If I remember correctly(From Business Law), anything created relating to your job during the the term of your employement is owned by your employer even if it was created outside of your workplace. Therefore, any works created while at Marvel is owned by Marvel. On a semi-related note, is it copyrights or trademarks that expire, and pass into public domain? Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 22, 2009 Author Share Posted September 22, 2009 Trademarks do not expire. And the business law rule you were taught has more exceptions than the rule itself, and depends on many things, from the state where the employment occurred, the timeframe, the provisions of any employment contract and a myriad of other factors. Quote Link to comment Share on other sites More sharing options...
Diamondback FOF Posted September 22, 2009 Share Posted September 22, 2009 -It would cost quite a bit of money to incorporate the characters into the park(s). -They have something that works really well. Why pay the money to change it? http://www.visitkingsisland.com/events/eve...50&ec_id=15 Now, I will admit, Marvel is much more well known and probably a lot more popular, but you get the idea. I don't think Disney would just take out the old characters and retheme their rides. I would think it would include adding several rides, which would be expensive. Plus, they have their extensive themeing which costs a lot. Also, CF had to change. It was pay (probably) a lot, or pay (probably) even more. I know I just took that waaaaay to seriously, but oh well. Quote Link to comment Share on other sites More sharing options...
Beast1979 Posted September 22, 2009 Share Posted September 22, 2009 Disney won't switch. Unlike Kings Island, which simply has an area themed to it, Disney has their characters in cooperated into the entire park. Plus the resort, the cruise lines, the movies, the whole nine yards. The question I think would not be a switch, but rather, and addition. Quote Link to comment Share on other sites More sharing options...
shark6495 Posted September 22, 2009 Share Posted September 22, 2009 So I found more info on this. Here is an article with some "inside information" and details about it. But basically it says this: Supposedly Universal can use any character they have already used in a ride forever, ie Spiderman Hulk, Storm, Etc. The walk around characters are in danger of leaving Universal for good, and because of the language of the contract, if Universal does something with the characters Marvel does not like then Marvel can pull the contract for good. Universal has already given up the rights for Marvel characters west of the Mississippi. So this will be very interesting to watch over the next couple of years...... Quote Link to comment Share on other sites More sharing options...
Diamondback FOF Posted September 22, 2009 Share Posted September 22, 2009 Wow that was a long and confusing article. I think I understand it though . Another thing to add is, Universal cannot use any characters they are not currently using. So, out of the 5,000+ characters, they are using very few, and can't use the rest: ...a Universal insider tells me the theme parks only retain the existing characters it's already made use of. Sure there are Spider-Man and Hulk attractions, but what about the bulk of the 5,000 Marvel characters? Are those Disney's now? Those character rights revert to Marvel, so, Disney can start incorporating those Marvel characters immediately into Disney’s theme parks in California, Paris and Hong Kong. But it's important to note that the Disney/Marvel deal statement yesterday did not mention Marvel in connection with Disney theme parks. In fact, Disney may not be able to use the best known of the 5,000 Marvel characters to freshen its theme parks for some time. Because Universal theme parks have a long-term licensing deal with Marvel that gives Universal exclusive rights for Marvel characters east of the Mississippi for theme park use. Still, this leaves open options for Marvel characters at the California Disney parks, although some sources doubt the Mouse House would do that immediately... (itallics added) I understand that for the most part, but I have one question: Does that mean Disney cannot use the most well-known Marvel characters at any of its parks, or just its Orlando parks? The article sounds like it is saying it both ways. Quote Link to comment Share on other sites More sharing options...
shark6495 Posted September 23, 2009 Share Posted September 23, 2009 I am a comic nerd and I have been following this on the Marvel board and insiders are saying its really an issue in Orlando. From the article I took it that Universal has no rights on parks in Cali........ But I am not sure what it means for the big names...... With all that being said I am just a KI fan and a comic nerd so..... I have no insider information so I have just opinions Quote Link to comment Share on other sites More sharing options...
The Interpreter Posted September 23, 2009 Author Share Posted September 23, 2009 And I learned a long time ago not to interpret legal instruments I have not seen but have only seen reported on by media, media that all too often wouldn't know how to interpret a recipe for chocolate chip cookies. Quote Link to comment Share on other sites More sharing options...
shark6495 Posted September 23, 2009 Share Posted September 23, 2009 terp I use to work in the media... (before wising up and going back to school)... and thats how we make money we make assumptions..... Quote Link to comment Share on other sites More sharing options...
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