You'd have to be a progeny of the Unibomber to be ignorant of the dominating power of comic book movie adaptations in the box office lately. One need only think of Nolan's recently finished trilogy (Hathaway was the shit right?!) and the Avengers movie--both of which left the box office huddling in a puddle of tears with a ripped blouse. Although comic books have been getting optioned for movies for some time now and not all of them have been successful, (
Anyone remember this fiasco?) there's obviously been a recent trend of blockbuster Marvel and DC characters getting their own movies and crossovers (See Samuel L. Jackson), it's mainly thanks to the greed of copyright and intellectual property. Gordon Gekko would be so proud...ish
Intellectual Property relates to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
IP is divided into two categories:
Industrial property, which
includes inventions (patents), trademarks, industrial designs, and
geographic indications of source; and
Copyright, which includes literary
and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and
sculptures, and architectural designs. Rights related to copyright
include those of performing artists in their performances, producers of
phonograms in their recordings, and those of broadcasters in their radio
and television programs.
Copyright is given to any creator of an original work whether it be
written, drawn or filmed. However, copyright
does not protect the idea itself, but it does protect the expression of the idea or its transfer to a medium. This is why we can have two of these jokers:
It's already a tricky issue because the creators of a comic book will never know if their work will be popular until it's too late.While copyright laws have changed over the years, the most recent one is the Copyright Term Extension Act of 1998, which fixes it 70 years after the death of the author Or "for work-for-hire, the shorter of (a) 95 years after first publication or (b) 120 years from creation." Once all of the copyrights on a creative work have expired, anyone can create an
exact copy of that work. But before you start thinking your own twists in your next big fan fiction about that squirrel dame (
You know. This chica), you should be advised that you're shit out of luck. The many trademarks found in comic book characters keep your grubby hands off my squirrel girl for here to kingdom come.
While DC seems to have gotten its shit together (still haunted by those rubber nipples), Marvel is in quite a pickle as Fanboy/lawyer steveorjoey of comicbookmovie.com explains:
"
Marvel used to license out the rights for motion pictures in their characters to other film
studios, because Marvel could not afford to make their own motion
pictures. Therefore, it was more profitable for Marvel to license out
the rights in an exchange for a substantial fee and a percentage of the
gross proceeds from the films.
Sony pictures owns the live action movie rights to all things
Spider-man and Ghost Rider, Lionsgate Entertainment owns The Punisher,
and 20th Century Fox owns the Fantastic Four,
Silver Surfer, Daredevil, and X-Men (if you have seen any of the X-Men
movies you know that it is a complete tragedy that Fox owns the rights)
(FN 52). When Marvel made these licensing agreements it seemed like a
great plan, but with the success of the movies
and Marvel getting rich off of it they now want to make their own
movies, instead of licensing it out to other companies. Unfortunately,
with some of the most well known characters licensed out Marvel will
have a hard time making a live action movie about a major Marvel event."

Luckily most of the contracts include a deadline the studios must meet in principal photography. If the studios miss it, the rights go back to Marvel. That's how we got a hot AND talented
Banner. However, we do have to remember that in the Marvel Realm, everything and I mean EVERYTHING is connected. The marvel comics frequently collide and crossover, so getting events like the
Civil War,
zombie apocalypse, or my favorite >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
will be almost impossible if Marvel doesn't start playing more dirty. It could be worse although. They could have Allen Moore's almost literary misfortunes:
http://www.wired.com/underwire/2010/07/alan-moore-watchmen/