Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Online Extra</b></i> Circuit Dubious About Claim to Stan Lee's Characters
The U.S. Court of Appeals for the Ninth Circuit recently dealt a powerful punch to a lawyer whose client, a company founded by comic book legend Stan Lee, claimed to own the rights to Lee's iconic characters. During oral arguments, a panel of three appellate judges appeared skeptical about reviving a case brought by Stan Lee Media Inc., which has filed a barrage of lawsuits over the rights to characters that include Spider-Man, The Incredible Hulk, the X-Men, Iron Man and Thor, subjects of some of Hollywood's most profitable movies.
Although the case at issue was dismissed under the doctrine of res judicata , which precludes bringing claims that already have been decided, the panel raised a much more basic question: Why didn't Stan Lee Media list its valuable comic book rights as assets when it filed for bankruptcy in 2001?
In 1998, Lee founded Stan Lee Entertainment Inc., the predecessor to Stan Lee Media. Stan Lee Media claimed that Lee signed a 1998 agreement assigning all “past and future intellectual property rights” to the Colorado company. But a month later, Lee allegedly turned over those rights to his longtime employer, Marvel Enterprises Inc., now owned by The Walt Disney Co.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?