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- Wall Street Breakfast: Must-Know News [view article]
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- Iron Man's a Marvel - Cramer's Lightning Round (5/1/08) [view article]
Recent MVL Articles
- Marvel's in for a Hulk of a Lawsuit - Barron's
- Tuesday Options Outlook: XLE, LEH, NSM, DRIV, MVL, RIGL, QCOM
- Marvel’s Bigger Picture: Going Hollywood in a Smart Way
- What to Do About Yahoo? - Fast Money Recap (5/5/08)
- Marvel's Iron Man Takes Off - and So Does Its Stock
- Monday's Options Report
- Wall Street Breakfast: Must-Know News
- Summer Movies Projected to Be Recession Proof Again
- Iron Man Is a Marvel - Cramer's Lightning Round (5/1/08)
- News Corp. Raises Stakes in Feature Licensing with Marvel Deal
- Full List of Articles »
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Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
This YouTube helps explain the story - youtube.com/watch?v=x3... ReplyMarvel's in for a Hulk of a Lawsuit - Barron's [view article]
to Richard Land:YOUR WORDS: "Mr. Lee signed written employment agreements with Marvel in 1976 and 1980 in which Mr. Lee acknowledged and confirmed that all the work he did for Marvel from the beginning of his employment (in 1940) was as an employee."
I believe you that he signed employment agreements in 1976 and 1980. But, Richard, tell Marvel investors the rest of the story. Don't be shy. From the Nov. 1998 contract (you know, the one that came a month after Stan assigned all of his rights to his new company, Stan Lee Media), “This Agreement will constitute the entire understanding between the parties in connection with Stan Lee’s relationship with Marvel from the date hereof, shall supersede any and all previous agreements and may not be amended or modified except by a writing signed by the party to be charged.”
It sure looks like that agreement "shall supersede any and all previous agreements..." you had with Stan. You guys really screwed up when you had the bankruptcy judge cancel Stan's lifetime contract and gave him the freedom to take his rights and assign them to SLM. Marvel investors must be wondering why, if you cancelled it, you shortly thereafter gave him a much better contract. Duh, that seems dumb and a poor business move. You gave away money that belonged to the shareholders. Reply
Iron Man Is a Marvel - Cramer's Lightning Round (5/1/08) [view article]
Who in the world would listen to Cramer? Haven't you seen enough of his NOTHING? If you want to get rich in the market, listen to him only, to buy everything he DOESN'T LIKE. Make some money for yourself, accumulate WYNN and LVS now. ReplyIron Man Is a Marvel - Cramer's Lightning Round (5/1/08) [view article]
Cramer is like all these other advisers. He follows the leader. When a stock is up, he recommends it. When it's down he calls a sale. All you have to do is buy Investors Daily Journal for a buck.Cramer is the type of person who buys high and sells low. Reply
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
to Eli - how can Lee now make public proclamations that what he did was a work for hire? When he sued Marvel, here is what he said:14. Under the Agreement the Defendants were given the right and assumed the obligation to commercially exploit Mr. Lee's characters, as well as his name. In order to facilitate these rights and obligations, Defendants received a conditional assignment of Mr. Lee's rights in his many world famous and hugely popular characters, and Mr. Lee was entitled to share in the profits from any live action or animation television or movie production based on these characters and other Marvel characters, as well as profits from the exploitation of any ancillary rights associated with such film or television productions, including toys.
15. Throughout his relationship of more than sixty years with Defendants, during which Mr. Lee permitted Defendants to exploit his superhero characters on the understanding that they would share in the profits derived therefrom, Mr. Lee reposed trust and confidence in Defendants to, among other things, deal with him fairly and in good faith, and to pay over to him a portion of the profits derived from such commercial exploitation.
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As you see, the "Defendants were given the right and assumed the obligation to commercially exploit Mr. Lee's characters." Defendants received a "conditional assignment of Mr. Lee's rights."
Mr. Lee "permitted Defendants to exploit his superhero characters." Isn't that interesting? He asserted then what he denies now after getting paid off by Marvel. How convenient for him in screwing the investors of SLM. Reply
Eli Hoffmann
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
Thanks 12345! ReplyMarvel's in for a Hulk of a Lawsuit - Barron's [view article]
Comment by Richard Land, Spokesman, Marvelgoogle news commentMarvel Response to Barron’s Article - 1 hour ago
There are many unsubstantiated and false claims in the Barron’s article. It is unfair to Marvel and its shareholders to dismiss Marvel’s position as simply attacking the messenger. Peter Paul has been convicted of three felonies and is awaiting sentencing for his latest crime, manipulating the stock of Stan Lee Media. His history speaks for itself. Marvel’s position with respect to Mr. Paul’s claims is not based on his lack of credibility. It is based on facts in the public record.
There are three main falsehoods underlying Peter Paul and Stan Lee Media, Inc.’s claims against Marvel.
First is the claim that Marvel is not the sole owner of every character created by Stan Lee during Mr. Lee’s lengthy tenure as a Marvel employee. Mr. Lee signed written employment agreements with Marvel in 1976 and 1980 in which Mr. Lee acknowledged and confirmed that all the work he did for Marvel from the beginning of his employment (in 1940) was as an employee. As is customary in contracts reflecting works made for hire, there was also a “belt and suspenders” assignment to Marvel of all rights in all characters he had previously created or would create for Marvel in the future.
The copyright law treats work done by an employee within the scope of his employment as a “work made for hire” which means the employer is automatically the author and owner for copyright law purposes. Therefore, Mr. Lee never owned any of the characters he created for Marvel. Since he never owned them, he could never have transferred them to anybody. Mr. Lee himself has always acknowledged that the Marvel characters belong and always belonged to Marvel.
Second, in order for Mr. Paul’s claims to have any traction, a court would have to accept that when Marvel rejected Mr. Lee’s contract in the bankruptcy proceeding, that rejection somehow resulted in a return to Mr. Lee of rights in Marvel’s characters. Not only did Mr. Lee never have those rights, but the rejection of Mr. Lee’s contract did not and could not have had that effect. Neither Mr. Paul nor SLMI has ever pointed to any legal support for their theory because they simply made it up.
Third, Mr. Paul has deliberately mischaracterized what happened in the 2002 Stan Lee/Marvel lawsuit. Since the majority of the litigation papers are public record, there is no reason for anyone to be confused. That lawsuit was over how to interpret a profit participation paragraph in Mr. Lee’s 1998 contract. It had nothing whatsoever to do with ownership of any characters. Mr. Lee never claimed in that lawsuit or anyplace else to own any part of any character he created for Marvel. In 2005, the profit participation lawsuit was settled. While the terms are confidential, Mr. Lee did not “give back” or transfer to Marvel any interest in any characters in the settlement.
The truth is a lot duller than the spin Mr. Paul is trying to put on the facts. Stan Lee never owned any of the characters he created and never claimed to own them. His contract with Stan Lee Media was and is clear on its face that Stan Lee was giving to his new company all the rights in characters that he planned to create for it – not any Marvel characters. Stan Lee Media was in business from approximately 1998-2001 when it went bankrupt. It made numerous filings with the SEC and issued a tremendous volume of promotional material. Once it filed for bankruptcy, its assets were subject to intense scrutiny. Through all of that time, it never once claimed that it owned any interest in any Marvel character.
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Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
HERE IS THE LAWSUIT - www.scribd.com/doc/298... ReplyMarvel's in for a Hulk of a Lawsuit - Barron's [view article]
to K. Lewis - I don't suspect it will change the production schedule. It might make investors unhappy who did not receive full disclosure from Marvel. ReplyMarvel's in for a Hulk of a Lawsuit - Barron's [view article]
So will all this hold up production of Mavel's stellar run of upcoming movies?? Let's get to the important data here.--signed IronManFan Reply
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
HERE'S THE CORRECT URL FOR THE PREVIOUS POSTwww.secinfo.com/dsVsb.... Reply
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
As chairman and chief creative officer of the company, this is what Stan told the SEC and investors in his 10K annual report for 1999. www.secinfo.com/dsVsb....Read below. Stan claimed the following: "Stan Lee's co-creations include Spider-Man, The Incredible Hulk, X-Men, The Fantastic Four, Iron Man, Daredevil, Silver Surfer and Dr. Strange." How can he now say that the works were work for hire?
from the 10K ---
EMPLOYMENT AND SERVICES AGREEMENTS: The Company entered into a lifetime employment agreement with Stan Lee in 1998 in consideration for the assignment and transfer of all of Mr. Lee's right, title and interest in and to any and all ideas, names, titles, characters, symbols, logos, designs, likenesses, visual representations, artwork, stories, plots, scripts, episodes, literary property, and the conceptual universe related thereto, including his name and likeness. Mr. Lee's services for and on behalf of the Company shall be exclusive with the exception of those services provided under a lifetime agreement with Marvel Enterprises, Inc., which shall require no more than an average of 10-15 hours per week on its behalf. The employment agreement provides for base salary compensation of $250,000 annually, a discretionary bonus as determined by the company's board of directors, stock options equal to the highest number of options offered to company executives, reimbursement of certain business expenses, including without limitation, business-related travel and entertainment expenses, and a term life insurance policy in the minimum principal sum of $2 million.
UNIQUE COMPANY ASSETS Our primary assets consist of all the intellectual property currently owned by our founder Stan Lee, including ownership in perpetuity to Stan's name, likeness, brand and signature slogans, "Stan Lee Presents," "Excelsior!" and "Stan's Soap Box," along with rights to all intellectual property that will hereafter be created by Stan Lee. Known to millions as the man whose Super Heroes propelled Marvel Comics to its preeminent position in the comic book industry, Stan Lee's co-creations include Spider-Man, The Incredible Hulk, X-Men, The Fantastic Four, Iron Man, Daredevil, Silver Surfer and Dr. Strange. Now, in the 21st Century, Stan Lee is broadening his horizons once more, this time, into cyberspace. His Marvel creations have inspired thousands of Super Hero fan sites throughout the web, representing millions of web page references. Now his fans and admirers may meet the newest cutting-edge Stan Lee characters in The 7th Portal, which has been launched on shockwave.com and will later be featured on our stanlee.net website. In addition, Stan's fans can visit stanlee.net to read a regularly updated Stanzine with games, goofs and features from Stan and his staff.
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Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
To - 12345I told several financial reporters the story when it was filed. Apparently, none wanted to do their homework regarding a $5 billion lawsuit.
Reply
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
Official Press ReleaseNEW YORK--(BUSINESS WIRE)--Marvel Entertainment, Inc. (NYSE: MVL), reported that a claim was filed today in United States District Court for the Southern District of New York by Stan Lee Media, Inc. The claim against Marvel Entertainment alleges that nine years ago Stan Lee transferred to Stan Lee Media ownership of a number of Marvel comic book characters he co-created. Marvel believes that the claim against it is without merit and that it will prevail in this dispute.
Stan Lee Media was recently in bankruptcy and is being sued by Stan Lee. In his suit, Mr. Lee is challenging the legitimacy of the management of Stan Lee Media. Mr. Lee is a long-time employee of Marvel and its predecessor companies and currently serves as Publisher Emeritus of Marvel Comics. Mr. Lee commented that, "I do not support this action and believe the suit to be baseless."
This came out over a year ago?? Did Barrons really just find out about this now? Are they being paid by the Shorts to bring this back up? Something seems a little off Reply
Marvel's in for a Hulk of a Lawsuit - Barron's [view article]
to 219400 - It will be a big problem for Stan because he made warranties. For Marvel, it is a big problem because they have never told their shareholders the truth. And discovery is going to show who knew what when. This may well become the largest stock fraud in history. Reply