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C2E2 Variant Drama
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Started by fastballspecial,

4,556 posts in this topic

Sigur Ros

Sigur Ros

Posted
Posted
On 8/10/2022 at 9:16 PM, FFB said:

It is still infringement if you create a derivative work, which this most certainly is.  And Marvel will probably send a C&D letter because these publishers are accustomed to doing exactly that every time someone infringes a trademark or copyright.  It doesn't matter how much money the person made; they do it as a matter of course.  We're likely concerned with copyright infringement here, but for trademark infringement, you have to send a C&D letter or you may risk losing or weakening your rights in the trademark down the line.  

Bottom line is that the amount of money made or not made by Black Flag is not going to be a determining factor in whether or not they get a C&D letter.  If they pull the acetate versions before the next show, you'll know they got a letter from Marvel.  

How is this a derivative?   Isn't a derivative a copy, or similar, etc. ? 

This is a plastic overlay with flags and "USA" on it.  None of that has anything to do with the original art. Nor can any of it be copyrighted by Marvel. They aren't touching or changing the art on the approved book that was already approved by Marvel.  

Like I said, I expect them to send a letter.  And I don't think there is anything else they can do. 

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Sigur Ros

Sigur Ros

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On 8/10/2022 at 9:25 PM, tsmitty said:

When/Where is the official statement from CGC regarding their policy going forward on giving blue labels to unauthorized bootleg comics?

They haven't, and probably won't, make one. 

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FFB

FFB

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On 8/10/2022 at 6:40 PM, Sigur Ros said:

How is this a derivative?   Isn't a derivative a copy, or similar, etc. ? 

This is a plastic overlay with flags and "USA" on it.  None of that has anything to do with the original art. Nor can any of it be copyrighted by Marvel. They aren't touching or changing the art on the approved book that was already approved by Marvel.  

Like I said, I expect them to send a letter.  And I don't think there is anything else they can do. 

It's a derivative work because 99% of the item is Marvel's copyrighted content and Marvel has the right to control how its copyrighted content is presented, marketed and sold.

Imagine if, instead of the acetate cover they used, they added an acetate cover with naked women in suggestive poses, etc., over a Marvel book.  The law allows Marvel to prohibit the retailer from marketing its content along with the retailer-created add-on.  

Someone else made the excellent point that there are also trademark issues, because there is a strong likelihood of confusion as to the source of origin of the item.  

The point was also made that this likely violates a clause in Marvel's contract with the retailer for the original, approved exclusive that went unsold and got turned into the acetate monstrosity.  

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Chipster67

Chipster67

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Posted

Hi all. Just introducing myself. So I’m the insufficiently_thoughtful_person that came home from the Con and had the urge to voice my frustration in a YouTube video that kinda went Viral. And now it’s linked in BleedingCools story. 

I appreciate all your view points and logical conversation had on this forum.
thanks for having these educated conversations.
the work Tony did to outline his events topic was great and fairly close to the situation but I can fill in holes if needed ;)

My only hope is things change for the better. 

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Ninja0215

Ninja0215

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Posted
On 8/10/2022 at 9:44 PM, Chipster67 said:

Hi all. Just introducing myself. So I’m the insufficiently_thoughtful_person that came home from the Con and had the urge to voice my frustration in a YouTube video that kinda went Viral. And now it’s linked in BleedingCools story. 

I appreciate all your view points and logical conversation had on this forum.
thanks for having these educated conversations.
the work Tony did to outline his events topic was great and fairly close to the situation but I can fill in holes if needed ;)

My only hope is things change for the better. 

Welcome! 

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buttock

buttock

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On 8/10/2022 at 10:46 AM, october said:

As of now? No one. I haven't submitted to CGC in two years, and somehow 2021 was my best year in terms of both profit and gross sales anyway. They are not necessary, despite virtually everyone believing the contrary.

That's because after 2 years you finally got back all the subs you had sent in and could sell them. :baiting:

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Dr. Balls

Dr. Balls

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Posted (edited)
On 8/10/2022 at 7:44 PM, FFB said:

It's a derivative work because 99% of the item is Marvel's copyrighted content and Marvel has the right to control how its copyrighted content is presented, marketed and sold.

Imagine if, instead of the acetate cover they used, they added an acetate cover with naked women in suggestive poses, etc., over a Marvel book.  The law allows Marvel to prohibit the retailer from marketing its content along with the retailer-created add-on.  

Someone else made the excellent point that there are also trademark issues, because there is a strong likelihood of confusion as to the source of origin of the item.  

The point was also made that this likely violates a clause in Marvel's contract with the retailer for the original, approved exclusive that went unsold and got turned into the acetate monstrosity.  

I agree here with FFB’s explanation. I’m a little rusty on my infringement knowledge, but I think FFB is right on with that explanation.

Edited by Dr. Balls
Wrong boardie!
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Sigur Ros

Sigur Ros

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On 8/10/2022 at 9:44 PM, FFB said:

It's a derivative work because 99% of the item is Marvel's copyrighted content and Marvel has the right to control how its copyrighted content is presented, marketed and sold.

Imagine if, instead of the acetate cover they used, they added an acetate cover with naked women in suggestive poses, etc., over a Marvel book.  The law allows Marvel to prohibit the retailer from marketing its content along with the retailer-created add-on.  

Someone else made the excellent point that there are also trademark issues, because there is a strong likelihood of confusion as to the source of origin of the item.  

The point was also made that this likely violates a clause in Marvel's contract with the retailer for the original, approved exclusive that went unsold and got turned into the acetate monstrosity.  

They didn't draw naked women.  Big difference between inappropriate nudity and the US flag, yes? 

As for the rest... this is just a remarque.  Imagine marvel going after every remarque anyone ever draws on their books. 

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Beastfeast

Beastfeast

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On 8/10/2022 at 9:51 PM, Ninja0215 said:

I still don't know how I feel about all of this.  I just watched the live stream on jernous comi s pop culture YouTube channel and there were a lot of good points made there. 

That guy is a :censored::censored::censored::censored: insufficiently_thoughtful_person. 

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Sigur Ros

Sigur Ros

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On 8/10/2022 at 9:51 PM, Ninja0215 said:

I still don't know how I feel about all of this.  I just watched the live stream on jernous comi s pop culture YouTube channel and there were a lot of good points made there. 

Jerno and "good points".. In the same paragraph. 

How loud did he yell those "good points"? 

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Dr. Balls

Dr. Balls

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On 8/10/2022 at 7:52 PM, Sigur Ros said:

They didn't draw naked women.  Big difference between inappropriate nudity and the US flag, yes? 

As for the rest... this is just a remarque.  Imagine marvel going after every remarque anyone ever draws on their books. 

I don’t think it’s about the subject matter, it’s the intent of the infringer. 

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Sigur Ros

Sigur Ros

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Posted (edited)
On 8/10/2022 at 9:55 PM, Dr. Balls said:

I don’t think it’s about the subject matter, it’s the intent of the infringer. 

What was infringed on? 

To call someone an infringer has everything to do with the subject matter. 

Edited by Sigur Ros
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