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Batman vs. the Black Bat
Source: uncivilsociety.org
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Short Description: DC Comic’s Batman. In support of the second ground, the court. found that the elements Sapon claimed as. original were in fact not, because he had ...
Content Inside: Batman vs. the Black Bat Copyright's Derivative Work Rule This case, which the court called "a rare that Batman Beyond was an infringement. DC phenomenon," involves a plaintiff who Comics denied Sapon's infringement claim and had the gall to plagiarize a famous copyrighted counterclaimed alleging that Sapon was the work and then sue the copyright owner for real copyright infringer. It also filed a motion infringement! for summary judgment on both aspects of the case, which the court granted. The Black Bat In 1984, Jeffrey Sapon drew a modification of Presumption of Validity the famous Batman cartoon character and Ordinarily, a registered copyright is entitled to named it "The Black Bat." He allegedly sent a a presumption of validity. But in this case the 4 copy of it to DC Comics, publisher of the Bat- presumption was rebutted because: man comic books and owner of the Batman Sapon's modified Batman drawing was copyright. Sapon suggested that DC Comics an unauthorized derivative work (see should adopt his modification as a moderniza- "Copyrights on Derivative Works" on tion of Batman's appearance. DC Comics never page 5), responded. Fifteen years later, DC Comics pro- duced an animated television series titled "Bat- Sapon hadn't disclosed that fact to the man Beyond," in which a new person takes Copyright Office when he applied for over Batman's role, because the original Bat- registration, and man was 80 years old. The Office might well have rejected his application if it had known. Absent a presumption of validity, the court It is a fundamental principle of copyright was free to invalidate Sapon's copyright on two grounds: 1) Sapon's modified Batman law that an idea can't be protected by drawing was an unauthorized derivative work, and 2) Sapon's drawing lacked a copyright -- only a particular sufficient original material not derived from DC Comic's Batman. original expression of an idea can be. In support of the second ground, the court found that the elements Sapon claimed as original were in fact not, because he had Deciding that he had been wronged, Sapon actually derived them from DC Comic's obtained a copyright registration for his Black Batman character. Bat drawing and sued DC Comics, claiming
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