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Sanity strikes the legal system
Jun. 3rd, 2003 11:05 amAfter eight years, the Winter Brothers' suit against DC Comics, Joe Lansdale, and Tim Truman has finally been decided, against the Winter Brothers.
There's a good account of the latest phase of the case on Trib.net. The short form is that in Lansdale and Truman's 1995 mini-series Jonah Hex: Riders of the Worm and Such, the primary villains were a pair of Lovecraftian semi-humans named Johnny and Edgar Autumn, who were clearly visual parodies of musicians Johnny and Edgar Winter.
The suit was tangled and unpleasant at every level. Initially, DC Comics hinted that they were not going to defend Lansdale and Truman, but were instead going to pull themselves out of the suit based on a "hold harmless" clause in Lansdale and Truman's contact. That would have been a financial catastrophe for Lansdale and Truman, but after a couple of months of dithering, DC finally decided to conduct the suit.
If I recall correctly, the Winters changed their claims over time, as well, initially claiming "defamation" and only later adopting the "appropriation of likeness" charge that this week's decision was based on. The case has wide-reaching implications; if the Winters had won their suit, it would have defined a new standard for "appropriation" which could easily stop almost all parody and satire which uses the likeness of well-known figures--such as editorial cartoons or sight-gags.
I'm most relieve.
(Link courtesy of Mark Evanier. Buy his books.)
There's a good account of the latest phase of the case on Trib.net. The short form is that in Lansdale and Truman's 1995 mini-series Jonah Hex: Riders of the Worm and Such, the primary villains were a pair of Lovecraftian semi-humans named Johnny and Edgar Autumn, who were clearly visual parodies of musicians Johnny and Edgar Winter.
The suit was tangled and unpleasant at every level. Initially, DC Comics hinted that they were not going to defend Lansdale and Truman, but were instead going to pull themselves out of the suit based on a "hold harmless" clause in Lansdale and Truman's contact. That would have been a financial catastrophe for Lansdale and Truman, but after a couple of months of dithering, DC finally decided to conduct the suit.
If I recall correctly, the Winters changed their claims over time, as well, initially claiming "defamation" and only later adopting the "appropriation of likeness" charge that this week's decision was based on. The case has wide-reaching implications; if the Winters had won their suit, it would have defined a new standard for "appropriation" which could easily stop almost all parody and satire which uses the likeness of well-known figures--such as editorial cartoons or sight-gags.
I'm most relieve.
(Link courtesy of Mark Evanier. Buy his books.)
