Please post your Comic Book related legal questions and I will attempt to answer them.
Disclaimer: I will not be giving any legal advice that you should take. The information I give is for entertainment and education purposes only. If you have a real legal issue, you should consult a lawyer in your own area of the world.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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If you punch someone who folds back the covers of your comics, can you claim extreme provocation by said person?
Registered: Jul 2003
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Yeah, what TS Debutante said, and what are the legal mumbo-jumbos that are keeping DC from publishing well deserved TPBs of The Legion? What's up with that?
-------------------- Something Filthy!
From: NOVA by way of NOIN | Registered: Jul 2003
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You can claim whatever you like. Whether it will be believed is a question left to the trier of facts (Either the jury or the judge in a non-jury trial)
In a Criminal Trial, if you are believed, then you would get off.
In a Civil trial, even if believed, you would still be responsible for any damages caused by your actions (i.e. medical expenses, lost wages) You could have counter-sued for the cost of your damaged comic books and the damages would be off-set. although if your damages were only $2.50 and the other person had damagaes of $1000.00, you would still owe the difference.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by minesurfer: Yeah, what TS Debutante said, and what are the legal mumbo-jumbos that are keeping DC from publishing well deserved TPBs of The Legion? What's up with that?
There is no legal mubo-jumbo preventing DC from publishing a Legion TPB. As owners of the copyright for the Legion, they can do with it whatever they want. They could stop publishing anything if they wanted to, or they could sell the rights to Marvel, or they could publish a TPB.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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Could the Siegel Estate's qwest to reclaim their copyright to Superman (and what is the status of that anyway) have any effect on Superboy, and such characters (i.e. the Legion) directly inspired by him?
From: Sumner, ME | Registered: Jul 2003
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Here's one for you Quis. Don't know if you know the answer or not.
All of these court shows on TV where, say, the plantiff wins the case and is awarded their $5000 (or whatever). How is that enforced? Do these participants receive a numeration for appearing on the show and then if they lose their case their 'pay' is applied to the awarded amount?
From: Utah | Registered: Jul 2003
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quote:Originally posted by Portfolio Boy: Could the Siegel Estate's qwest to reclaim their copyright to Superman (and what is the status of that anyway) have any effect on Superboy, and such characters (i.e. the Legion) directly inspired by him?
I don't know the status of that case.
Presumably if the Siegal Estate wins, they could claim royalties on the characters derived from Superman. Superboy and Supergirl would be easy to claim, the Legion would be a harder sell. But if they would have to file a new lawsuit if they didn't make a claim for those characters in the initial lawsuit.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Lightning Lad: Here's one for you Quis. Don't know if you know the answer or not.
All of these court shows on TV where, say, the plantiff wins the case and is awarded their $5000 (or whatever). How is that enforced? Do these participants receive a numeration for appearing on the show and then if they lose their case their 'pay' is applied to the awarded amount?
I am not sure on exact enforcement procedures and it probably varies from state to state. But basically, if you get a court judgement, and the person doesn't pay, you go to the court and say "Hey! That so-and-so isn't paying" the Court then can order property seized, wages garnished, or throwing the so-and-so in jail.
As for the TV verdicts, I am assuming that both parties sign a contract to abid by the judgement. So I think if the so-and-so doesn't pay, the other one has to go to court to and sue to enforce the contract. Then if the party suing is successful there (basically the so-and-so would have to show that the contract was no good and would not be able to re-try, or as we lawyers say "Take another bite of the apple", the underlying case that was argued before Judge Judy), they go through the same enforcement procedures as above.
I also don't know if the parties are paid or not. Assuming that they are, it would probably be in the contract they sign for appearing that determines what happens to their "Pay" if the verdict is against them.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
If you represented Charma's estate and wanted to bring action against those who caused her death, how would you do so?
Registered: Jul 2003
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quote:Originally posted by Thriftshop Debutante: If you represented Charma's estate and wanted to bring action against those who caused her death, how would you do so?
If I remember correctly, Charma was put into a female prison and the other inmates attacked her and beat her to death, right?
Well, first I would go after the deep pockets aka the government. The actual inmates woould not be worth suing as most likely they would not be able to pay any judgement.
I would argue that the government was negligent in putting Charma in with a population that would result in her being killed or severely injured.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Ohh, and here I thought the answer would be "very carefully!"
-------------------- "Hey Jim! Get Mon out of the Zone!! And...when do we get Condo back?"
From: Paragon City on patrol | Registered: Jul 2003
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Ohh, and here I thought the answer would be "very carefully!"
-------------------- "Hey Jim! Get Mon out of the Zone!! And...when do we get Condo back?"
From: Paragon City on patrol | Registered: Jul 2003
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posted
Ohh, and here I thought the answer would be "very carefully!"
-------------------- "Hey Jim! Get Mon out of the Zone!! And...when do we get Condo back?"
From: Paragon City on patrol | Registered: Jul 2003
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