Ditko Estate Lawsuit

[NC_Yankee]

Public domain doesn't solve it because copyright and trademarks are separate. Even if the copyright expires and the content enters public domain, Marvel/Disney still holds the trademarks to the names Spider-Man and Doctor Strange and related material, so even though the content is available, no one else could use those names in the titles or in the marketing of the content or new material produced based on that content. And trademark never expires as long as its holders renew it and defend it. So unless the trademark is abandoned by its holder, it nearly impossible to exploit or market public domain material that has existing trademarks attached and in use. Public domain is not the panacea people believe it to be. It helps, but it really only complicates matters of rights holding, it doesn't resolve anything.

-M

Steamboat Willie ( first Mickey Mouse Cartoon) is now in the Public Domain. Good luck to anyone except Disney or those licensed by Disney making anything Mickey Mouse

[Kaitou D. Kid]

Steamboat Willie isn't public domain yet. That's not going to happen till at least 2024.

[NC_Yankee]

Steamboat Willie isn't public domain yet. That's not going to happen till at least 2024.

If I am wrong then thank you for correcting me. I still do not think anyone will have the balls to use Mickey without Disney permission. Disney will fight like Cats and Dogs. See the Winnie The Pooh case versus the creators estate ( ps. It took over 70 years but they won).

[Jman27]

i dont expect anything to happen. considering how big the character is now these days. Wonder why they decided now is the time to do this. Wonder what prevented them from pulling the trigger all this time? Would it be interesting to see a world without anymore Spider-man? I cant answer that. Although maybe they could finally write a conclusion in his story if he does have to leave since they never will otherwise. People will just have to rely on their nostalgia even more.

[NC_Yankee]

i dont expect anything to happen. considering how big the character is now these days. Wonder why they decided now is the time to do this. Wonder what prevented them from pulling the trigger all this time? Would it be interesting to see a world without anymore Spider-man? I cant answer that. Although maybe they could finally write a conclusion in his story if he does have to leave since they never will otherwise. People will just have to rely on their nostalgia even more.

One reason the lawsuit is happening is timing related. You do not have forever to file these suits. As for NO Peter Spider-Man. The way it can happen is this: The Ditko Estate files for a “Temporary” Restraining Order against anyone using Ditko created ( or inspired creations ( see MJ) and characters such as Strange, Peter, Otto, Norman, AMAZING Spider-Man (Note: I am separating Amazing Peter from Miles, Ben etc for obvious reasons) etc until a trial ( and of course appeals). Others such as Ghost Spider, Lady Octopus and Francine might be off limits as well. Of course the restraining order is NOT guaranteed. That said, Marvel can still use Ben or Miles as primary just not AMAZING Spider-Man ( along with post Ditko villains like Fisk and Carnage). We are already seeing a worst case scenario: It involves Friday The 13th. Creator ( and first Director) Sean S. Cunningham is suing New Line/Warner Bros for ownership of Jason, which is why we have not seen a new Jason movie in years.

[Kaitou D. Kid]

If I am wrong then thank you for correcting me. I still do not think anyone will have the balls to use Mickey without Disney permission. Disney will fight like Cats and Dogs. See the Winnie The Pooh case versus the creators estate ( ps. It took over 70 years but they won).

That was before the age of social media and the rise of populism. If Disney stops Mickey Mouse from becoming public domain in the next few years, my feeling is it will immediately be all over Instagram and other social media sites. It wouldn't look good for them.

I guess we'll wait and see. My point is, it's not gonna be that easy for Disney to do it.

[Revolutionary_Jack]

That was before the age of social media and the rise of populism. If Disney stops Mickey Mouse from becoming public domain in the next few years, my feeling is it will immediately be all over Instagram and other social media sites. It wouldn't look good for them.

I guess we'll wait and see. My point is, it's not gonna be that easy for Disney to do it.

Disney’s public domain shenanigans are damaging for stuff not dealing with Mickey merch. Copyright research also applies to parents and science research which has been made harder to access thanks to the drive to sell that rodent’s image on a beanie.

https://m.youtube.com/watch?v=SiEXgpp37No

As for the timing: There are statute of limitations (apparently one reason for this lawsuit is that 2023 might make be the cut-off point for bringing this case forward).

"Amazing Fantasy #15 was published in 1962. Add fifty-six years to that, the window for copyright termination began in 2018 and finishes in 2023. Strange Tales #110 was one year later. Now seems to be the right time."
https://bleedingcool.com/comics/marv...octor-strange/

So the Ditko estate has been quite tactical and strategic and they seem to know exactly what they are doing. Making a play for both Spidey and Strange.

[Shunt]

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And let me say that if this deal leads to the Ditko Estate getting sole custody of Spider-Man and Doctor Strange, if that means no more comics/movies/games with Spider-Man and so on, if it means the Ditko Estate put out cease and desist on stuff like my articles online for their use of panels and so on...if it leads to all that, let me say and I mean it sincerely, "Sue 'em for all they got".

The next Spider-Man run, or the Next PS5 game or whatever, or, to speak something close to my heart, the Spider-Man story undoing OMD isn't worth the saga of exploitation that is on the spine of the comics industry.

If you think that would be a just outcome, then you're implying the publication of all those stories over the years has been unethical. And holding such a believe while, at the same time, reading those stories (let alone giving money to the publisher for them) has a name. It starts with an "h" and ends with "ypocrisy".

[Rob London]

Yeah, Spider-Man and Doctor Strange are absolutely not going to "go away", no matter what happens - there's just too much money involved. Hopefully this ends with the Ditko heirs getting a truckload of money.

[Morgoth]

He doesn't stand a chance, it's Disney, one of the biggest corporate monsters in the world. Best case scenario is Ditko getting a bunch of money, and that's it.

[Revolutionary_Jack]

If you think that would be a just outcome, then you're implying the publication of all those stories over the years has been unethical. And holding such a believe while, at the same time, reading those stories (let alone giving money to the publisher for them) has a name. It starts with an "h" and ends with "ypocrisy".

There’s no ethical consumption in capitalism.

[Frontier]

If that's the price of justice, and fair practices then yeah.

Fandom need to stop being corralled into becoming Corporate Stooges by the "we'll lose out on stuff" argument because that makes us a bunch of scabs and strikebreakers.

I don't think people are corporate stooges to still want to read Spider-Man at Marvel. They just enjoy comic Spider-Man and how he has evolved from what Ditko created.

But the Ditko estate is owed something as well so hopefully they can work something out.

[Kaitou D. Kid]

I'm guessing if the Ditko Estate wins, they won't just shelf Spider-Man and Doctor Strange. There is too much money for those IP's for them to be shelved. They'll probably still publish comics and other content.

It might actually be a good thing for Spider-Man. OMD might get reversed sooner and never be a problem again. The next live-action Spider-Man likewise wouldn't be able to be turned into a subfranchise of Iron Man or of another IP the way that MCU Spider-Man was turned. And Spidey could reach public domain on time, since the Ditko Estate would have less power to extend the copyright.

Sounds good for both entertainment and justice.

[NC_Yankee]

There’s no ethical consumption in capitalism.

“Democracy and Free Markets are the worst systems ever created: Except when compared to every other system ever created in the history of mankind.” ( Winston Churchill). I will take my chances with capitalism over government any day of the week. I guarantee that politicians and bureaucrats in non capitalist countries are not acting ethically. How do I know? Socialist Countries like China, Cuba and are not exactly treating 99% of their citizens well.

[Frontier]

I'm guessing if the Ditko Estate wins, they won't just shelf Spider-Man and Doctor Strange. There is too much money for those IP's for them to be shelved. They'll probably still publish comics and other content.

It might actually be a good thing for Spider-Man. OMD might get reversed sooner and never be a problem again. The next live-action Spider-Man likewise wouldn't be able to be turned into a subfranchise of Iron Man or of another IP the way that MCU Spider-Man was turned. And Spidey could reach public domain on time, since the Ditko Estate would have less power to extend the copyright.

Sounds good for both entertainment and justice.

Well, how would that work? The Ditko estate and all the stuff he and Lee introduced are now owned by them and not Marvel?

So none of the JR Sr. Rogues or characters? Or those versions? Does Mary Jane get included?

Does Marvel get to keep Miles?

In the long run I just feel like this could screw Spider-Man up more.