COMICS: TARZAN and JOHN CARTER at the Center of Lawsuit

COMICS: TARZAN and JOHN CARTER at the Center of Lawsuit

ERB Inc. files copyright suit against Dynamic Forces and Dynamite Entertainment over Lord of the Jungle and Warlord of Mars.

News
By Hawksblueyes - Feb 16, 2012 12:02 PM EST
Filed Under: Comics
Source: the Wall Street Journal

It seems lately like it's impossible to go more than a few days without hearing about an individual or company, suing a comic company or film studio over character rights. Today you can add one more to that ever expanding list. According to The Wall Street Journal, ERB Inc. has filed suit against comic-book distributor Dynamic Forces and publisher Dynamite Entertainment.

Tarzan and John Carter creator and author Edgar Rice Burroughs also created ERB Inc.(which is now owned by his his grandchildren and great-grandchildren) in 1923. The suit claims Dynamite's Lord of the Jungle and Warlord of Mars series infringed on copyrights owned by ERB Inc.

From The Wall Street Journal...

The lawsuit claims the defendants pushed ERB Inc. to allow them to publish comic series based on Tarzan and John Carter characters, but ERB Inc. never agreed to do so.




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headlopper
headlopper - 2/16/2012, 1:14 PM
I bought 'Lord of the Jungle' #1.
Took it off my subscription list...nothing special.
headlopper
headlopper - 2/16/2012, 1:18 PM
BTW, who the hell is 'ERB,Inc.'?

Dynamite's been publishing 'Warlords..' and 'Dejah Thoris' for like more than a years now.
Can you say, " Delayed reaction?"
Optimus83
Optimus83 - 2/16/2012, 1:38 PM
Tarzan featuring John Carter in the cinema ¡¡¡NOW!!!
Hawksblueyes
Hawksblueyes - 2/16/2012, 1:38 PM
Scorpion: Pretty much summed it up.
mstaley3000
mstaley3000 - 2/16/2012, 3:36 PM
I blame Congress. If they hadn't changed the law all of these characters would be in the public domain right now. The massive hand of Disney was involved since they didn't want Steamboat Willie to enter the public domain. Of course, when it is almost time again for these characters and others to become public domain the law will be changed again and then again and so on. There is a reason for letting copyrights lapse.
AlexDeLarge87
AlexDeLarge87 - 2/16/2012, 3:41 PM
Everyone wants their share now that comics are taking over the big screen.
captquirk
captquirk - 2/16/2012, 4:13 PM
@headlopper- The rights to publish comics was purchased, not film. They bought apples, and are selling a fruit basket. Two different things completely.
JackJNapier
JackJNapier - 2/16/2012, 4:31 PM
I thought Tarzan and John Carter fell under public domain laws and such.
captquirk
captquirk - 2/16/2012, 5:04 PM
Accorrding to Wiki-
"The expiration of a copyright is more complex than that of a patent. Historically the United States has specified terms of a number of years following creation or publication; this number has been increased several times. Most other countries specify terms of a number of years following the death of the last surviving creator; this number varies from one country to another (50 years and 70 years are the most common), and has also been increased in many of them. See List of countries' copyright length. Legal traditions differ on whether a work in the public domain can have its copyright restored. Term extensions by the U.S. and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. By contrast, a European Union directive harmonizing the term of copyright protection was applied retroactively, restoring and extending the terms of copyright on material previously in the public domain."

Edgar Rice Burroughs died in 1940something?
FlixMentallo21
FlixMentallo21 - 2/16/2012, 9:00 PM
@mstaley3000
What reason is that?? What's wrong with having these characters (make that ANY character) fall into the public domain?? Is it about brand recognition or something?? Please explain.
ERBFan
ERBFan - 2/16/2012, 11:12 PM
Only the texts of a few of the original stories are in public domain in the U.S. (they are still protected by the Berne Convention in Europe and other signatory countries) Tarzan, John Carter, Barsoom, and many other characters and creations of Edgar Rice Burroughs are TRADEMARKED, and have been since around 1914. This is no different than the trademarks for Batman or Superman. Suppose Dynamite tried to release a Superman ripoff titled "Man of Steel"?

As far as the greedy comments, who's being accused, the rightful owners of the trademark, or the comic company that appropriated that trademark without permission or compensation? Theft of intellectual property is still theft.
darthbobtarkas
darthbobtarkas - 2/17/2012, 1:54 AM
YES. Dynamite is doing nothing but milking off these franchises. These two titles are [frick]ing awful. Dark Horse is doing a way better job with Tarzan
AUSSYACE
AUSSYACE - 2/17/2012, 2:20 AM
More children trying to live off their grandparents creations...

Go and get a job children...
niknik
niknik - 2/17/2012, 6:33 AM
Nothing wrong you passing ownership of your creation down to your children and grandchildren. That's the way it's supposed to work. Same as any large business. ERB created a franchise and made a business of it, and made sure it would stay in his family. Nothing wrong with that. What I don't understand is how Dynamite could have been publishing copyrighted characters all this time without some type of contract. I naturally assumed they had leased the rights from the estate of ERB (or ERB Inc. as it were) from the get-go. I find it hard to believe they were pirating Tarzan and John Carter after all this time.
captquirk
captquirk - 2/17/2012, 9:14 AM
Rights can be leased, as we all know about Sony and Spiderman. Nobody else can put out a Spidey movie, until the rights run out, or are terminated. So the comic leased the right to use a character, in a predetermined capacity. It can not change the character, or decide to make a movie or tv show, since those are a different case.
ERBFan
ERBFan - 2/17/2012, 12:29 PM
Dynamite NEVER had the rights to Tarzan. Dark Horse owns those rights. This has nothing to do with films or any other medium. Dynamite did this without permission or legal sanction.

As for the elapsed time, building the case, filing, etc. takes time.

If you want to read the actual legal filing, go here:

http://www.scribd.com/fullscreen/81862722?access_key=key-1d5v7m0b484so4tg5q

This will explain the case in detail. A very interesting read for those who work or aspire to work in the comics industry, as well as casual fans.
ERBFan
ERBFan - 2/17/2012, 12:30 PM
PS - Should read "Dynamite NEVER had the rights to Tarzan, John Carter, or any of Burroughs's trademarked creations."
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