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DC Entertainment Won't Allow Superman Logo On Murdered Child's Memorial Statue

An anonymous reader writes Jeffrey Baldwin was essentially starved to death by his grandparents. Funds had been raised to build a monument for Jeffrey in Toronto. The monument was designed to feature Jeffrey in a Superman costume, and even though Superman should be public domain, DC Comics has denied the request. "The request to DC had been made by Todd Boyce, an Ottawa father who did not know the Baldwin family. Boyce was so moved by the testimony at the coroner’s inquest into Jeffrey’s death last year that he started an online fundraising campaign for the monument. DC’s senior vice-president of business and legal affairs, Amy Genkins, told Boyce in an email that 'for a variety of legal reasons, we are not able to accede to the request, nor many other incredibly worthy projects that come to our attention.'... For Boyce, it was a huge blow, as he felt the Superman aspect was a crucial part of the bronze monument, which will include a bench. The coroner’s inquest heard from Jeffrey’s father that his son loved to dress up as Superman."

52 of 249 comments (clear)

  1. Superman by MightyMartian · · Score: 5, Funny

    Superman, standing for truth, justice and IP rights!

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:Superman by oodaloop · · Score: 5, Insightful

      It's the American way!

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    2. Re:Superman by TWX · · Score: 5, Insightful

      In their defense, if they don't work to protect their trademark, then everyone will be getting their children murdered to put DC's logos on their headstones...

      --
      Do not look into laser with remaining eye.
    3. Re:Superman by oodaloop · · Score: 5, Insightful

      More importantly, without this trademark protection, Joe Shuster and Jerry Siegel would not be encouraged to produce more works!

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    4. Re:Superman by Anonymous Coward · · Score: 2, Insightful

      Superman is the stupidest super hero character.

      He started out as a super man: faster than a speeding bullet, able to leap tall buildings in a single bound, and stronger than a locomotive.

      Which would be (sort of) conceivable within the bounds of a biological creature - even from another planet - and a comic book character.

      Then he started getting powers.

      Powers that make no sense. Flying? X-Ray vision? Heat vision then later laser eyes? Stopping bullets that hit his eye? Lifting continents into space?

      That is not a super hero but a God.

      Why not make him like 'Q' on Star Trek where he can just snap his fingers for Christ's sake!

    5. Re:Superman by NotDrWho · · Score: 4, Informative

      Or continue to collect that princely sum of $20,000/year that DC agreed to pay them after the lawsuit forced them to.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    6. Re:Superman by imatter · · Score: 2

      I am not sure how granting rights in this case would hurt their trademark, but... they allowed a guy to dress up as Batman for the Make a Wish Foundation. Maybe the Make a Wish Foundation didn't ask for permission only forgiveness. http://sf.wish.org/wishes/wish... that page doesn't even mention DC Comics.

    7. Re:Superman by daemonhunter · · Score: 5, Funny

      where he can just snap his fingers for Christ's sake!

      That's a different God. Don't mix genres. :)

    8. Re:Superman by Minwee · · Score: 5, Informative

      No, without trademark protection, anyone could write Superman comics and sell them as such. I think you're thinking of copyright protection.

      I'm pretty sure he was thinking of the sixty four year long legal battle between S-Cape Artists Joe Shuster and Jerry Siegel and DC Comics over just who owned Superman, without which DC comics could write Superman comics and sell them as such without paying a dime to the original creators.

    9. Re:Superman by Jason+Levine · · Score: 5, Insightful

      The problem was in the story telling. Every writer would put Superman in a perilous situation and then invent a new power to get him out of it. Eventually, they found it hard to write for Superman. After all, when you have a guy who can juggle planets around for fun, what can threaten him enough that readers would think "this could conceivably kill Superman?" (We all know that Threat Of The Week won't kill Superman, but the villain needs to have a reasonable chance of winning or there's no suspense in the story.)

      They tried correcting this when they reset the DC Universe and lowered his power levels, but the writers keep doing the same power ramp-up.

      Then again, some depictions of Superman work nicely with an uber-powerful Supes. The final episode of Justice League, for example. Superman is beating up on Darkseid and notes that he feels like he lives in a world made of cardboard. He needs to be careful of his every action lest he hurt someone or break something. For the first time in a long time, he feels comfortable in just letting go instead of worrying that hitting the villain would result in needless death and destruction.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    10. Re:Superman by Anonymous Coward · · Score: 3, Informative

      What is this...

      I think it's called "sarcasm".

    11. Re:Superman by mythosaz · · Score: 2

      I'm pretty sure your parents need murdered at the opera to get a DC headstone.

    12. Re:Superman by rk · · Score: 5, Funny

      Some people mod humor as "insightful" because "funny" didn't/doesn't contribute positive karma to the recipient, whereas "insightful" does.

    13. Re:Superman by TWX · · Score: 3, Interesting

      Or the Make-a-Wish Foundation felt that what they were doing was fair-use. Remember, while they dressed the kid in an off-the-shelf costume, they called him "Batkid", not "Batman", and had DC tried to kibosh the whole thing they'd have looked like monsters.

      Media companies struggle with this. There have been fanclubs that have received glowing endorsements from marketing departments while simultaneously receiving cease-and-desist letters from those same companies' legal departments. On the one hand letting the fans run wild with sanctioned merchandise and games and other enthusiasm brings value, but they have to be careful with derivative works and other uses, but if they step too hard then they'll be seen as douchebags and will alienate the very people that make them all their money. The best thing that they can do is to offer enough things with their IP on them for legal sale (look at Thinkgeek as an example of what's available) and the fans will probably be sated without resorting to IP violations en-masse.

      --
      Do not look into laser with remaining eye.
    14. Re:Superman by Cryacin · · Score: 2

      I wish IP law had less sarcasm then.

      --
      Science advances one funeral at a time- Max Planck
    15. Re:Superman by ATMAvatar · · Score: 4, Funny

      I think at this point, IP law is mostly parody.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    16. Re:Superman by Anonymous Coward · · Score: 2, Informative

      I really like that the parent here is moderated "funny".

  2. DC's public relations powers aren't very super by NotDrWho · · Score: 5, Funny

    They must have the same guy in charge of their PR that they have in charge of their movie division.

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
    1. Re:DC's public relations powers aren't very super by Adriax · · Score: 5, Funny

      With his boss looking, Jim in PR denied 40 requests. He denied 40 requests. That's as many as four tens. And that's terrible.

      --
      I don't suffer from insanity, I enjoy every minute of it!
  3. Put it up anyway by fustakrakich · · Score: 3, Interesting

    Then, while they're tearing it down, get it on film...

    --
    “He’s not deformed, he’s just drunk!”
  4. They failed to realize... by ZorinLynx · · Score: 5, Insightful

    It is often easier to ask for forgiveness than permission.

    If they had not asked, DC probably would never have noticed that their logo was used there. On top of that, even if they had, I doubt they would have acted on it. Suing a grieving family over a harmless supposed trademark violation isn't too good for the company's reputation.

    If they tried to use the logo now, after having been denied permission, DC would probably have no choice but to sue since this is in the public spotlight.

    This would have been a total non-issue had they just done it and not asked anyone or publicized it.

    1. Re:They failed to realize... by B33rNinj4 · · Score: 2

      I agree. The media frenzy from attempting to tear it down would have been insane. DC, while upset over the unauthorized use, would never have pushed to have the memorial removed.

    2. Re:They failed to realize... by Threni · · Score: 2

      They could still do it, and then the "spotlight" will be on a bunch of clowns in suits trampling over common sense and decency. They could always fire whichever clown was responsible and say "we apologize for our gross error of judgement; clearly you'd have to be on drugs or mentally ill to refuse such a simple request".

    3. Re:They failed to realize... by tlhIngan · · Score: 4, Insightful

      I'm not sure that's true. These big publishers hire companies such as RightsCorp to "monitor and search for unauthorized usage" of their "intellectual property".

      If their rights protection contractor(s) found a Superman statue: there's no way these greedy b****rds could resist that potential revenue stream.

      True, but the media LOVES a sob story. Especially a David-and-Goliath one where it's a grieving family and a statue of their son vs. Big Bad Media corp.

      Doesn't matter who's in the right, or wrong, Big Bad Media Corp will be vilified in every news, blog, and article from then on. Politicians will make or break their careers on it (not to mention there's going to be an election for Toronto mayor later this year - you can bet all the mayoral candidates will be all over themselves trying to be first to capitalize on it).

      In other words, there's no way for DC (or Time Warner, owners) to win.

      Even if it goes to court, too. They may win legally, but lose in the court of public opinion.

  5. I should add... by ZorinLynx · · Score: 3, Interesting

    ...one good thing DID come out of this. We now know that DC are a bunch of heartless asses.

    I guess finding this out is good for society. Makes me want to be their customer less, that's for sure.

    1. Re:I should add... by i+kan+reed · · Score: 4, Informative

      But since this is a corporate bullshit decision, you should probably hold their bullshit corporate owners responsible.

      But if well-deserved hate had any effect on that particular company, I'm pretty sure we would've noticed by now.

    2. Re:I should add... by CanHasDIY · · Score: 2

      It's corporate bullshit all the way down...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  6. LOOK! by Anonymous Coward · · Score: 5, Funny

    It's a bird! It's a plane! It's a... cease and desist order. :(

    1. Re:LOOK! by SydShamino · · Score: 3, Funny

      It's a bird! It's a plane! It's a... cease and desist order. :(

      C&D Comics?

      --
      It doesn't hurt to be nice.
  7. Re:Superman logo is a Trademark by sconeu · · Score: 5, Insightful

    Sure they can. They can license it out for this particular statue. Once it's licensed, there's no dilution.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  8. What by Jiro · · Score: 3, Insightful

    even though Superman should be public domain, DC Comics has denied the request.

    You do realize that a logo is a trademark issue, not copyright, and trademarks don't expire as long as they are in use?

    1. Re:What by DRJlaw · · Score: 3, Informative

      You do realize that a logo is a trademark issue, not copyright, and trademarks don't expire as long as they are in use?

      You do realize that trademark law concerns the exchange of goods and services, not the appearance of symbols on sculptural works constructed as permanent momuments to the dead, don't you?

      Copyright is one of the few things that DC Comics could plausibly assert if this is a one off produced by an artist -- i.e., the logo does not attempt to designate a good, service, or source of such goods and services.

      You'll notice that the summary takes a shot in saying that the logo "should be public domain," not that it is, and that DC does not actually claim that trademark law is involved. Thanks for offering the trademark theory, if only because it provides an opportunity to show non-lawyers that trademarks are not equivalent to never-expiring copyrights.

  9. Re:Superman logo is a Trademark by Just+Some+Guy · · Score: 5, Insightful

    A little harsh but dead accurate. They're not legally obligated to sue the grieving parents. They could even draw up a contract and sell them limited rights to have this one statue in perpetuity for a dollar, or some such. For PR reasons, the DC rep could even donate the dollar to the rights purchaser.

    There are many ways DC could do this, legally and protected, without being asswipes. They chose "fuck 'em; none of the above".

    --
    Dewey, what part of this looks like authorities should be involved?
  10. Re:Superman logo is a Trademark by aaron4801 · · Score: 2

    Trademark is a consumer protection law, not a corporate ownership right. Trademarks are protected to prevent consumers from buying things that they believe are produced by a particular company instead of a fraudulently produced knockoff. Since there is no commerce here, there is no chance of consumer confusion.

  11. Re:Superman logo is a Trademark by mysidia · · Score: 5, Interesting

    Which is why it's on ~1 out of 9 t-shirts, ~4 out of 10 underwear, and 3 out of 100 tatoos. They could license it for 1$.

    Perhaps they can get around the "license requirement" for this memorial by purchasing a $10 T-shirt off the shelf. And simply don the product they purchased to the statue after folding.

    The product then is already licensed; and the statue is not an article being used in trade.... it makes no difference if you wear it in public or attach it to a statue: you purchased a product that included the right to contain that logo licensed to the apparel distributor ---- the trademark holder's consent simply isn't required (they already consented to the mark's usage).

    They could also "treat" the shirt by covering it with some chemicals, plastics, and protective coatings to help preserve and protect it. and possibly take some other steps to "emboss" or emphasize the mark, as long as the logo itself remains unaltered.

  12. This is a non-issue. by Anonymous Coward · · Score: 3, Interesting

    Depict the kid in a skintight suit and a cape. Design a trianguar shield featuring the first letter of his own name. It would evoke Superman, but be non-actionable.

    1. Re:This is a non-issue. by quax · · Score: 3, Interesting

      Actually, this is exactly what they are doing now.

  13. You got me DC, you motherfuckers. by satan666 · · Score: 2

    I am rarely at a loss for words. DC comics has me just shaking my head.
    They say that boycotts rarely work but from now on I will never buy or see
    anything that DC makes. Because it is the right thing.

    Fuck these motherfuckers.

    1. Re:You got me DC, you motherfuckers. by satan666 · · Score: 2

      Listen, I get what you're saying. But this is DC comics for crying out loud.
      They make comic books. Young boys/girls read these and they live as super heroes
      for a few moments in their lives.

      DC is selling dreams to the youngest and young at heart.

      I guess there are no more dreams. Corporations have sucked all the money
      and anything of value from our once great country. I guess it is only right that
      they also destroy our dreams.

      Let me take a moment to mourn for our nation.

  14. Re:Superman logo is a Trademark by CanHasDIY · · Score: 2

    I'm having a hard time accepting that you think people deserve/don't deserve to have a fictional fucking comic book character's logo on their damn tombstone.

    I mean, OK, you want to be that way? What, then, did Reeve or Reeves ever do that was super? Save a baby from a burning building? Or did they just act in a couple of crappy films? What's so damn super about that?

    If anyone "deserves" a Superman logo on their grave, it's the soldiers who sacrifice themselves to save their buddies, by throwing themselves on a grenade, for example. Or firemen in general. Or yea, maybe a little boy who endured some shit that no child should ever go through. Not some B-list actor who sucked at riding horses.

    a lot of people are not going to like this

    Well good, it gives me hope for humanity that a lot of people instantly recognize ignorant shit-speak when they see it.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  15. Re:DC's decision is the right one by CanHasDIY · · Score: 2

    If DC allows the monument for this child, what's to prevent some other family asking for the same use of the superman logo (likeness?)? Where do the requests stop?

    Why would this be a problem?

    As in what, precisely, would be wrong with allowing parents to use your trademark of a beloved children's character on their dead kids' tombstones?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  16. Oh DC... Marketing is king by netsavior · · Score: 4, Insightful

    Imagine this headline:
    DC Comics donates statue for murdered boy's grave site.

    That statue would cost less than the lawyer's fees for this fiasco and a hell of a lot less than a full page ad in the New York Times, but would get them 10x the goodwill.

  17. Re: better than what we have now by JazzLad · · Score: 2

    The 51st state, right?

    --
    "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
  18. Re:better than what we have now by Minwee · · Score: 4, Insightful

    I hate to get in the way of a good rant, but the players in this little drama are all Canadian.

    As you may know, Canadians are notorious for ignoring the US Constitution.

  19. Re:Why is this so important? by Adriax · · Score: 4, Insightful

    Yeah, you're right, a child's death by starvation and abuse is such a downer and should be forgotten as quickly as possible. That money would do much more good for the world if used to create more cute cat videos and pictures for the internet.

    Not like any good ever comes of reminding people child abuse happens and kills. And even if it did, there's no way an interesting statue could possibly generate attention and remind people of the incident for decades to come.

    --
    I don't suffer from insanity, I enjoy every minute of it!
  20. Re:better than what we have now by Darinbob · · Score: 2

    Wow, so that must be where our politicians come from.

  21. Re:better than what we have now by quax · · Score: 4, Insightful

    "I really don't feel too bad for those who let him starve and now want a monument."

    What the F*** are you talking about. The ones who starved him are in jail.

    The man sponsoring the monument simply does so because he feels the poor boy deserves to be remembered as a stark reminder that we have to try harder to prevent such abuse.

    Anybody could have been this boy's Superman if only the neglect would have been detected earlier.

  22. Re:better than what we have now by Impy+the+Impiuos+Imp · · Score: 4, Insightful

    I am not sure what planet you're yabbering from. They made a request. This is the opposite of hijacking.

    From DC's point of view, it's called being nice. They need only send a letter agreeing to it, and they get good will. If they are tied up in exclusivity contracts, you have a quick conference call with those other businesses and explain the following: At this point, I would be in favor of an organized boycot of the upcoming Superman/Batman movie

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  23. Re:Why is this so important? by quax · · Score: 4, Insightful

    Anybody who would have detected the neglect could have become this boy's superhero.

    The monument is to remind us here in Ontario that we have to try harder.

    Social services, the school records, neighbors ... there are countless ways this tragedy could, and should have been prevented.

  24. Re:Superman logo is a Trademark by QilessQi · · Score: 2

    Yup, it has nothing to do with copyright:

    "It was important for me because I really felt I wanted to capture the photograph of Jeffrey wearing his Superman costume and have it as close to that as possible," Boyce said.

    "Basically they didn't want to have the character of Superman associated with child abuse. They weren't comfortable with that."

    Superman will therefore go back to being associated with wholesome, cheerful things, like planets exploding, orphaned kids being abandoned in a Kansas field, and slow death by radiation poisoning from green rocks.

  25. Re:better than what we have now by guises · · Score: 3, Interesting

    Well, you could have phrased that a little better... I do think it's odd that a Superman costume would be so integral to this monument when the only suggestion that the kid cared about Superman at all was a single comment by his abusive father.

    Random Stranger who's organizing this didn't know the kid at all... which is itself also rather odd. Monuments like this aren't for the dead, after all, they're for the living, those who still remember and care about the people who have passed, and Random Stranger never knew this kid. Random Stranger doesn't know the first thing about his personality. Why is it so important to Random Stranger whether or not the statue is dressed like Superman?

  26. It's a tragic story, but.. by Rick+in+China · · Score: 2

    I don't think it's appropriate to point the finger at a company who denies trademark use requests and say, "Bad!". This is truly a tragic story and it's hard to believe grandparents could treat their own grandchildren in such a terrible and disgusting way, however, just because DC wont grant a trademark request for some dreamed up statue in remembrance of one tortured soul doesn't mean they deserve a finger wagging. It would be great if they allowed the licensing of the trademark to the statue or the third party who is responsible for putting this all together, however, they should be fully allowed to refuse such a request, otherwise we must hold all requests to use all trademarks for all 'awww' stories in equal regard, no? If I loved coffee, and if I died in a car accident or whatever, does anyone really think my parents would be granted the right to use the Starbucks logo on a tombstone with my name on it?