Gary Friedrich Enterprises LLC v. Marvel Characters, Inc., 2013 WL 2477056 (2d Cir. 2013)
Ghost Rider (John Blaze), Marvel Universe Wiki |
According to plaintiff, in
1971 Gary Friedrich conceived of and wrote a synopsis of an original story
featuring a flame-skulled character clad in leather on a motorcycle called Ghost
Rider. Working with Marvel, Friedrich
worked with an artist to flesh out and publish a comic book based on the
character. According to Marvel’s version, Friedrich merely presented Marvel with
uncopyrightable ideas in 1971. Because
Marvel raised triable issues of fact, the Second Circuit remanded for a trial
on the issue of ownership. Additionally, in 1978, Marvel asked Friedrich to
execute a “work for hire” agreement. The
issue in this action is if Friedrich was the sole author or a joint author,
then who owns the renewal rights? Did the 1978 assignment convey Friedrich’s
renewal rights in the pre-existing Ghost Rider character to Marvel? The
district court granted summary judgment awarding copyright ownership to
Marvel. The Second Circuit vacated and
remanded for trial. The Second Circuit
characterized the operative facts governing ownership of Ghost Rider as
“heavily disputed”. The Second Circuit
found the 1978 work-for-hire agreement to be ambiguous and the extrinsic
evidence not to be clear as to the parties’ intent. Additionally, the Second Circuit found
Marvel’s evidence going to the statute of limitations issue to also be
disputed. Under the Copyright Act, where
copyright ownership has been repudiated, a true owner generally has three years
to sue. Marvel claimed that it
repudiated Friedrich’s copyright ownership claim, publicly, privately and
through implied repudiation. The Second Circuit did not find Marvel’s copyright
notice in the 1971 comic book to be a public repudiation of any renewal
rights. The Court found that Marvel did
not expressly repudiate renewal rights until it wrote a letter in 2004, within
three years of the action, making Friedrich’s claims timely. Finally, the court found the evidence of
implied repudiation to be unpersuasive.
To read Judges Winter, Chin, and Droney's decision, click here.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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