Potential loophole in Marvel Studios rights

Potential loophole in Marvel Studios rights

Loopholes in the Marvel film contracts?

Editorial Opinion
By Batarangmandan - Jun 08, 2013 12:06 PM EST
Filed Under: Other

Just to point out from the get go, this is all speculation. I'm not aware if anyone has posted something like this before.So don't slate me if this has already been touched upon.

Now we all know about the grey area concerning characters such as Scarlet Witch, Quicksilver, Kree, Skrulls, et.c because of their long term association with Fantastic Four/X-Men and at the same time Avengers. Could it be possible for other characters to be built up in such a way(in the comics)that they could be used in both Marvel Studios franchises and Sony/Fox franchises?

Spider-Man and Wolverine have been consistently associated with Avengers comics for about eight years now, joining in 2005. Isn't that roughly the amount of time ago that Marvel established their own studio? There is now an Uncanny Avengers team with focus on using multiple mutants on the team. What I'm getting at is if Marvel carry this on long enough, could they potentially use these characters with slight revisions in their Avengers based franchise?



Now I'm not saying they should or will do this, though it does seem to me that they may be playing a subtle game here.

Anyways...sound out your thoughts in the comments below.
THE 4:30 MOVIE Interview: Filmmaker Kevin Smith On How His Passion For The Theater Shaped New Film (Exclusive)
Related:

THE 4:30 MOVIE Interview: Filmmaker Kevin Smith On How His Passion For The Theater Shaped New Film (Exclusive)

THE FRANCHISE: Trailer For Max Series Starring Daniel Brühl Reveals Chaos Inside World Of Superhero Filmmaking
Recommended For You:

THE FRANCHISE: Trailer For Max Series Starring Daniel Brühl Reveals Chaos Inside World Of Superhero Filmmaking

DISCLAIMER: As a user generated site and platform, ComicBookMovie.com is protected under the DMCA (Digital Millenium Copyright Act) and "Safe Harbor" provisions.

This post was submitted by a user who has agreed to our Terms of Service and Community Guidelines. ComicBookMovie.com will disable users who knowingly commit plagiarism, piracy, trademark or copyright infringement. Please CONTACT US for expeditious removal of copyrighted/trademarked content. CLICK HERE to learn more about our copyright and trademark policies.

Note that ComicBookMovie.com, and/or the user who contributed this post, may earn commissions or revenue through clicks or purchases made through any third-party links contained within the content above.

LEEE777
LEEE777 - 6/8/2013, 12:15 PM
Well it would be nice, nicer would be all back at Marvel studios for bigger and connected MCU ;)
TheSuperguy
TheSuperguy - 6/8/2013, 12:23 PM
I wanna see Fantastic Four and Spider-Man back with Marvel more than the X-Men, because the X-Universe is so big it can exist on its own without getting old. That being said, I REALLY want all the franchises back with Marvel.
Batarangmandan
Batarangmandan - 6/8/2013, 1:41 PM
@LEEE777 it would be nice.Can't really see those properties coming back without a Batman and Robin Level bomb or the general cinema audience becoming bored of comic book films in general.

@Superguy15 You raise a good point, but I do feel that the X-Men franchise holds back the most potential from Marvel Studios.
marvel72
marvel72 - 6/8/2013, 3:44 PM
i personally don't want to see wolverine in an avengers movie,if wolverine appears in the marvel cinematic universe his got to be a member of the x-men.

spider-man & the fantastic four are a must,spider-man should be with marvel studios not sony.

spider-man is to marvel what superman & batman are to dc & as for the fantastic four that would open the door to so many more characters not just the fantastic four.
superherofan21
superherofan21 - 6/8/2013, 6:34 PM
FF and Spidey are a must for the MCU. X-Men would be nice, but it isn't completely necessary.
MoonDoggyX
MoonDoggyX - 6/8/2013, 6:58 PM
Fox owns movie and tv rights to all things "mutants" in marvel... They've already sued Marvel once over that show Mutant X because it was too close to the X-Men...

They have a loophole with quicksilver and scarlett witch because they have been avengers characters for decades. Even more notabe is that they were avenvers long before fox bought the rights to the X-Men corner of Marvel. The same can not be said for spidey and wolvie...

Marvel can have spiderman and wolverine or whoever on the Avenger's rosters for the next 30 years and it won't matter if the contracts predate their actions...
MoonDoggyX
MoonDoggyX - 6/8/2013, 7:17 PM
...and i'll bet the farm that Pietro and Wanda will not be Mutants...
Batarangmandan
Batarangmandan - 6/9/2013, 3:05 AM
@MoonDoggyX from what I understand don't all the contracts include the ability to use characters that are created after they were initially signed? This could also include characters that have become strongly associated with other characters post contract e.g Wolverine to The Avengers and on the flip side Taskmaster to Deapool.
MoonDoggyX
MoonDoggyX - 6/9/2013, 6:42 AM
@batarangmandan - i'm not even going to pretend to be an expert on their contract. Its not like i've ever seen it, y'know. I could see if there were mutant character created after the contracts were signed that are associated with the avengers being used by marvel. That still would not include wolverine. Or spiderman.
MoonDoggyX
MoonDoggyX - 6/9/2013, 6:45 AM
...marvel could not even use a characer that they made up yesterday that's "like" wolverine. Fox would sue their pants off... Google the show "Mutant X" u'll see what i mean...
AC1
AC1 - 6/9/2013, 2:13 PM
It's all about when the film rights agreements were drawn. For example, Sony acquired the rights to the Spider-Man property years before Marvel made him an Avenger in the comics, so by the time they did that, Spider-Man was already Sony's property movie-wise.

On the other hand, Fox only acquired the rights to the X-Men property after Quicksilver and Scarlet Witch became Avengers (as they were very early members, probably from the late '60s/early '70s), so Fox had the right to use the characters in their X-Men franchise, but there was a loophole because they were already associated with The Avengers, a property which Fox didn't obtain.

The fact of the matter is, the ONLY way characters like Spider-Man, The X-Men, The Fantastic Four, and Ghost Rider will ever appear in a Marvel Studios movie, is in one of three ways:

1) The studio that owns the property doesn't make a movie based on it within a specific amount of time (I think it's eight years) and the rights revert back to Marvel.

2) Marvel buys the rights back, or trades the rights of one property for another - or rather, Disney trades rights. Sony originally acquired the rights for Spider-Man in a trade with MGM, as they owned part of the rights to James Bond and were able to produce their own Bond films. In theory, Disney could trade a property like Star Wars to Sony in exchange for Spider-Man, although that will never happen. Plus, if Disney wanted to buy any of their Marvel rights back, they would've done that instead of buying Star Wars.

3) Marvel makes a deal with the other studio where they share production costs, distribution rights and profits, meaning they both work on the movies. It seems like Marvel nearly did this with Spider-Man, as there were plans for Stark Tower to appear in The Amazing Spider-Man (and possibly for Oscorp to appear in The Avengers). If that happened, and was then taken further, Spider-Man could appear in an Avengers sequel, but it would mean that Sony would get a small amount of creative control (specifically regarding how Spider-Man was used in the film) and a share of the profits to be decided by both studios.
AC1
AC1 - 6/9/2013, 2:18 PM
I'd much rather the third option. If the movies were co-produced, then it means Marvel have the freedom to use all their characters if they want to, but don't have to worry about trying to finance so many movies simultaneously. It's the only way Marvel would get any usage out of those characters and we'd get a similar number of movies released a year.

If Marvel owned the sole rights to all their characters, then we'd still only get two movies a year, meaning we'd have to wait longer to see certain movies, as they don't have enough money to make more than that and maintain a high level of quality.

This way, there can be crossovers, but they can also be independent if needs-be, and you also have the resources of other studios to help out (not just with production costs, but even writers and directors who may be partial to a particular studio could be willing to crossover as well).
MoonDoggyX
MoonDoggyX - 6/9/2013, 3:20 PM
@ACira - Great points. I agree with you that option 3 is the best for us fans! I still believe that this is not too far from reality when it comes to Marvel and Fox. Fox has yet to hit the $500 million with any of their x-men movies. Having their movies connected with the Avengers Franchise might be just what they need to get over the hump...
gamecreatorjj
gamecreatorjj - 6/9/2013, 5:55 PM
thats not how the system works, if it did Marvel would be doing it, Disney CANNOT USE X-men characters, there is an exception for Quick Silver and Scarlet witch because, well actually there isnt, they can't use "QuickSilver" or "Scarlett Witch" they are using a non mutant boy named Pietro who can run fast. and a non mutant girl named Wanda who uses magic type powers, they aren't really the same characters, they just creating new but similar characters
MoonDoggyX
MoonDoggyX - 6/9/2013, 7:12 PM
@gamecreator - if that were the case, they wouldn't be able to use them at all. Marvel can't use the likenesses of characters owned but fox either. Otherwise, what would stop them from using a wolverine doppelgangar and call him "rogan"
ruadh
ruadh - 6/9/2013, 7:51 PM
"What I'm getting at is if Marvel carry this on long enough, could they potentially use these characters with slight revisions in their Avengers based franchise?"

No. The rights don't work that way, and it's VERY clear regarding the two character you specify (Wolverine and Spider-Man).
CPBuff22
CPBuff22 - 6/10/2013, 12:36 AM
Honestly I wish Fox would stop with the Wolverine Movies and move on to an Uncanny X-Force movie with Wolverine, Deadpool, X-23, Archangel, Fantomex, & Domino.

I only say the above because I am pretty sure they will never do a Cable led X-Force so give me a Uncanny X-Force with a unique blend of characters.
gamecreatorjj
gamecreatorjj - 6/13/2013, 3:42 PM
@CPBuff I would love an X force movie, I'm pretty sure once they are done with the First Class movies, and done with the main X men movies, they'll do X-Force, they have been talking about it before, specifically as way to reintroduce deadpool, if they did, I'd say leave Wolverine out, just use X-23, Deadpool, and Arch Angel, maybe a fourth, I wouldn't put it past Fox to make X-23 a part of Weapon X, and make an X force revenge film
sedlacek50
sedlacek50 - 6/28/2013, 12:23 PM
Who agrees that Fantastic Four (Silver Surfer included) will be the next film rights to go back to Marvel?
Al
Al - 7/23/2013, 11:00 AM
Hmmm....So, what if Marvel/Disney outright purchased SONY and/or FOX?...
View Recorder