In light of the ruling in the Gary Friedrich/Marvel lawsuit, Steve Bissette has shared some advice from Jean-Marc Lofficier for artists:
This is the first time Marvel is using convention sales of copyrighted Marvel characters as a “weapon”. They are of course perfectly entitled to do so, legally speaking. But it does mean that, from now on, all of you here who draw sketches of Marvel characters for money at conventions or sell sketchbooks containing pictures of Marvel characters are on notice that you might be sued (usually for triple the amount you made) should Marvel decide to go after you.
My legal advice to you guys is simple: STOP and destroy all sketchbooks for sale with copyrighted materials in it. I’m serious. You’ve just been put on notice by this case… Based on the GHOST RIDER case, it is, in my opinion, only a matter of time until Disney, now aware of the issue, sends one of their young attorneys with a stash of blank C&D letters at conventions and start handing them out to everyone selling Marvel sketches without authorization.
Receiving that letter will oblige you to hire a lawyer and even if Disney lets you off the hook (which they probably will), you might be out of a couple of grands by the time the process is over — or you run the risk of being stuck with a $15K bill if you fight them.
Again, I emphasize: this is sound business practice for Disney; NOT doing it entails risks far greater than doing it. They have gone after children’s nurseries before which had Mickey painted on their walls for the same exact legal reason. And that was far more time consuming and bad PR-wise that going after some comic book guys at artist’s alleys.
This kind of thing has been rumored almost since Disney bought Marvel three years ago; that the company, known for being so protective of its property, would eventually go after artists doing commissions and the like. The Friedrich ruling certainly feels like a move in that direction, although it’s possibly worth bearing in mind that Friedrich did launch legal action first, but it’ll be interesting to see how (if at all) Marvel deals with the fallout of this decision and the nervousness and bad PR its brought with it.
February 14th, 2012 at 10:08 am
What does John Byrne think of this turn of events? He’s been selling newly commissioned original art based on Marvel characters for years. Does he have a license to do this? He hasn’t been on good terms with Marvel for awhile so that might make him an appealing target for them since Marvel seems to be in the mood to teach people lessons.
February 14th, 2012 at 11:12 am
Ugh. The thought of this makes my stomach churn, it’s legal, but it’s so, so very wrong.
On the bright side, if Disney/Marvel starts suing their creators, won’t that lead to talent fleeing to DC? (I’m more of a DC fan, so this would work for me)
February 14th, 2012 at 11:49 am
I would hope that if an artist currently works for Marvel they would be exempt from this, it doesn’t make sense to sue the people who have a hand in creating your product, especially when what they make could be considered a bonus.
February 14th, 2012 at 2:24 pm
I think DC Comics and Marvel have to sit down with some major comic book writers and artists, possibly with the Hero Initiative as as intermediary and arbitrator to come up with standards regarding convention sketches, prints, sketchbooks, etc.
For example, there should probably be a limit to the amount prints and sketchbooks if they feature copyrighted characters [100 copies], possibly a royalty fee going to the Hero Initiative. DC and Marvel probably should establish standards for their contracted artists or anyone working on their titles.
February 14th, 2012 at 9:51 pm
I think this is less a Marvel/DC issue and more a Disney will lay down the gauntlet and sue anyone they see fit.
Shame Disney bought Marvel.
February 15th, 2012 at 12:43 am
“What does John Byrne think of this turn of events? He’s been selling newly commissioned original art based on Marvel characters for years.”
Over at his forum, he said there was a difference between commissions done privately – i.e. not for publication – and selling prints (or publishing sketchbooks of commission work). One is playing fair, the others are crossing a line. However, there’s no legal reason why Marvel/Disney couldn’t go after commissions if they chose, but in his opinion once the precedent was set, enforcing it would be “a nightmare”.
February 15th, 2012 at 4:22 am
I guess with commissions, you aren’t selling the character, you’re selling your ability to draw whatever the fan wants. With prints, it’s the character that you’re selling straight-up, which is where perhaps Gary erred.