Another Copyright Infringement Case

Copyright infringement happens within the comic industry frequently. DC Comics is owner of the registered copyright the Batman comic books and they also own federal trademark on all Batman related marks. Mark Towle created replicas of the Batmobile and held them for sale without getting authorization from DC Comics nor claiming that he conceived the idea from Batman in DC Comics. DC Comics’ lawyer then sent Towle a cease and desist letter for both copyright and trademark infringement. The court ruled in DC Comics favor because they found Towle’s work to be derivative and Towle’s duplicated work did was also not covered by fair use

Here’s the Story…….

Shia LaBeouf declared he was retiring from all public like because of the attacks he has been receiving comments against his artistic honesty on his twitter account. His artistic integrity was questioned after LaBeouf lacked to give Daniel Clowes credit for his work. Shia Labeouf created a short film, HowardCauntour.com, that resembled “Justin M. Damiano” a 2007 comic about a film critic by Daniel Clowes. Magazine Vanity Fair’s Hollywood edition claims, “The film even uses most of Clowes’ dialogue, in some cases nearly word-for-word.” LaBeouf could almost certainly be liable for copyright infringement if “Justin M. Damiano” is registered with the U.S. Copyright Office. Vanity Fair’s also states that, “Clowes is pursuing his legal options” and rumor has it that LeBeouf would most likely not be protected by fair use. I read both comic and saw the short film and personally i saw no difference between the two, Shia Lebeouf should have clearly gave Clowes his credit. After all  he did receive the inspiration of writing his film because of Clowes although Shia Lebeouf did not try to paraphrase Vanity Fair magazine did not lie when they stated about the dialogue nearly being word-for-word.

here is the cease and desist letter Shia LaBeouf received. He took pictures of it and posted them on his twitter and these pictures were retrieved from there.