The Outhouse - The Greatest Comic Book Forum

by **Victorian Squid** » Fri Feb 17, 2012 5:47 pm

eltopo wrote:I'm confused

The copyright vs trademark thing is really confusing and the different public domain issues make it more confusing, so...I'm gonna let Spidey-Man straighten it out.

by **Spidey-Man** » Fri Feb 17, 2012 5:47 pm

The complaint is reproduced in full above, and makes interesting reading for everyone who’s been all about IP and copyright talk over the last few weeks. The John Carter books—soon coming to the screen as a major motion picture from Disney/Pixar—and the Tarzan books were first published a century ago and the first books in both series are now in the public domain—but only in the US. As the lawsuit notes, in the UK, Dynamite’s books infringe existing copyrights, and ERB, Inc. has been able to successfully prosecute copyright infringement in Europe before.

According to the suit, Dynamite’s Nick Barrucci approached ERB Inc several years ago re the licenses, but was rebuffed. However, he’s since established an entire line of Barsoom comics and a new Tarzan book as well, based on the material that is in the public domain.

ERB, Inc., which was created in 1923 to manage the already expanding media empire of Burroughs’ immensely popular works, still owns the trademarks to the characters, including Tarzan, John Carter, and Barsoom. They claim “common law” rights to the titles “Lord of the Jungle” and “Warlord of Mars,” both actual titles of Burroughs books. You can’t copyright a title, but ERB, Inc. still owns the copyrights to both books. Similarly they have trademarked both “Barsoom” and “Dejah Thoris,” and claim the Dynamite book WARLORD OF MARS: DEJAH THORIS and other spin-offs violate their trademark.

http://www.comicsbeat.com/2012/02/17/er ... hn-carter/

by **Victorian Squid** » Fri Feb 17, 2012 5:48 pm

I love it when a plan comes together.

by **Cat-Scratch** » Fri Feb 17, 2012 6:05 pm

eltopo wrote:I'm confused

the-asylum/everything-that-wrong-with-patent-and-copyright-laws-t77851.html

by **fieldy snuts** » Fri Feb 17, 2012 7:59 pm

Surprised that a company like Dynamite which deals with so many licensed products (The Phantom, Green Hornet, Transformers, GI Joe, Vampirella...and thats just naming a fraction) would screw up so badly to leave themselves open to this.

by **Evan Meadow** » Fri Feb 17, 2012 8:36 pm

Victorian Squid wrote:Oh fuck they didn't clear any of that with ERB Inc?

Ouch, uh-oh!

They don't have to.

The whole point Dynamite's using is the names John Carter and Tarzan are what are copyrighted, not the phrases Lord of the Jungle or Warlord of Mars.

Dejah Thoris apparently has never been really copyrighted.

And the books that Dynamite would actually be adapting are all in the public domain.

ERB's only real possible claim is that the public domain rights do not extend outside of the USA.

In which case, Dynamite will stop sending them out there.

by **Victorian Squid** » Fri Feb 17, 2012 8:38 pm

Evan Meadow wrote:
They don't have to.

The whole point Dynamite's using is the names John Carter and Tarzan are what are copyrighted, not the phrases Lord of the Jungle or Warlord of Mars.

Dejah Thoris apparently has never been really copyrighted.

And the books that Dynamite would actually be adapting are all in the public domain.

ERB's only real possible claim is that the public domain rights do not extend outside of the USA.

In which case, Dynamite will stop sending them out there.

Right, well, I wouldn't want to be fighting their lawyers though. We'll see what happens.

by **Evan Meadow** » Fri Feb 17, 2012 8:39 pm

fieldy snuts wrote:Surprised that a company like Dynamite which deals with so many licensed products (The Phantom, Green Hornet, Transformers, GI Joe, Vampirella...and thats just naming a fraction) would screw up so badly to leave themselves open to this.

They haven't screwed up. That's the part people will slowly realize. They stayed away from what's actually trademarked. (with the exception of the apparent Europe rule)