Marvel Issues Takedown Notice Over Hi Fi Color Kickstarter – IT’S BACK, BABY (UPDATE)

Posted by March 12, 2014 Comment

UPDATE: The Kickstarter for Hi Fi is back… they write,

What happened? As far as I can tell Marvel have copyright attorneys who probably monitor sites like YouTube, Kickstarter, and others for Copyright violations. They saw our campaign and immediately sent a DMCA Takedown Notice to Kickstarer. They did so even though there is a copyright notice on the Kickstarter campaign stating all art used in the book is done with permission. I’m sure these lawyers do not knowing anything about Hi-Fi, the fact that we actually color and paint projects for Marvel & Disney, or about Hi-Fi Color for Comics. They were just doing their job… even if it did almost send me into cardiac arrest!

Fortunately I was able to locate the original Hi-Fi Color for Comics release form from 2007 and send a copy to Marvel’s legal representation. Once they verified the info with the records they had on file they contacted Kickstarter and the campaign resumed.

In the spirit of the original document I did agree with Marvel’s council not to use Marvel’s artwork in the marketing of Hi-Fi Color for Comics or on the final cover for the book. I decided to also remove DC art from our marketing for this same reason (to be clear no one from DC contacted me or asked me to do this). I do not want to do anything imply that Marvel or DC has endorsed the book or is backing the book in any way. You will see Jean Grey’s image on the cover has been painted over for the time being and I will create a revised video as well.

For everyone who is backing Hi-Fi Color for Comics please rest assured we do have release forms and permission to use artwork from companies like Marvel, Lucasfilm, IDW, Paramount, J. Scott Campbell, Mike Norton, Terry Moore, and many more. All of the art printed in Hi-Fi Color for Comics is done so only with the express written permission of the Copyright holder or their legal representative.

BiTGizoCIAAa-aJThis weekend, Bleeding Cool ran a Kickstarter appeal for a colouring instruction book and software, Hi Fi Color For Comics, from Hi Fi Color. A colouring studio that colors many a comic from the likes of Marvel and DC, including the upcoming Infinity Man And The Forever People.

Unfortunately it seems it used images from Marvel and DC to show comics colouring at work.

Currently their Kickstarter is suspended and Kickstarter have listed this takedown notice from Marvel Comics.

Hi-Fi Color for Comics [Submitted by Marvel Entertainment, LLC]

Date: Mar 12, 2014

Sender
[Private]
Marvel Entertainment, LLC
135 W 50th Street New York, NY 10020
Phone: (212) 576-4000
Fax: (212) 576-8569
brandprotection@marvel.com

Sent via email

Recipient
Kickstarter, Inc.
58 Kent Street
Brooklyn, NY 11222 USA

Re:Hi-Fi Color for Comics

Description of copyrighted material: Marvel Entertainment, LLC and its subsidiaries (“Marvel”) is a character-based entertainment company with a proprietary library of over 8,000 characters. Marvel owns or controls the copyrights, trademarks, and other intellectual property rights in and to the following publications and characters featured in such publications as The Avengers, Iron Man, Captain America, Spider-Man, X-Men and a myriad of others.

Description of infringing material: The following permalink contains a Kickstarter project that infringes Marvel’s copyrights and trademarks: https://www.kickstarter.com/projects/hificolourdesign/hi-fi-color-for-comics

I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages and the linked pages on these pages is not authorized by Marvel, its agent or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

However I understand Marvel weren’t the only company that sent such letters…

(Last Updated March 12, 2014 1:25 pm )

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