Some of you may already have seen a big interview that Scott Allie of Dark Horse Comics gave to
Ain't It Cool News recently... but if you haven't, he gave the clearest statement I've ever seen about the copyright and licencing situation regarding 'Buffy' and Joss's other creative works. I thought it might be interesting to repeat it here:
SCOTT:
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I do wonder whether the quietness on the film front means there is some behind the scenes maneveuring going on.
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From my own perspective, I know that Fox owns the copyright so they have ultimate control, but I've seen enough people in official positions - including Fran Kazui and Gail Berman - saying that "we need to run this by Joss first" that I wondered if he had some terms in his contract with Fox giving him right of refusal or some such. But it appears he doesn't, it's just professional courtesy. (Under EU copyright law, the artist's "moral rights" over their creation - such as the right to object to derogatory treatment of it - are separate to the actual copyright, but I don't know if US law follows that principle.)
I do wonder whether the quietness on the film front means there is some behind the scenes maneveuring going on.Maybe the almost universal outrage, not only among fandom but from the industry professionals involved with the original 'Buffy' series, made the Kazuis realise that so much bad ( ... )
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But it could just be professional courtesy of the kind that isn't written down but would ruin your credibility if you violated it.
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I had known that Joss owned none of his shows (except Dr. Horrible) and that Fox could cut him off if they wanted... but they're smart enough to know that the vast majority of fans wouldn't recognize as legitimate anything they did without him. Fox has the legal rights, but only Joss carries the Key to the Canon.
As both the season 8 and Angel: AtF comics have shown, his name on a Buffyverse project increases sales by a factor of 2-3, so Fox will want to keep him nice and happy.
I hadn't realized that Firefly and Serenity were two different licenses owned by two different companies, though. Seems odd, because although Dark Horse's license is for Serenity (the movie), they have used characters specifically from the series in their comics... Dobson and the Blue Hands come immediately to mind. Wonder how that works.
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It's certainly possible that he has a confidential clause in his contract with Fox giving him creative control, and that Scott Allie isn't actually aware of that...
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Yes, I remembered that, too. Presumably, that would be the case for all future Buffy projects, so Allie is only half-right about the legalities.
I think the distinction is that Fox can do a Buffy project without Joss' approval, but Joss can't do a Buffy project without Fox's approval. Joss can choose whether to be involved, but he can't stop Fox from doing something he doesn't want. But Fox doesn't want to piss Joss off, so they're probably not going to pursue a project if Joss doesn't ok it.
What Allie's trying to say, I think, is that Joss couldn't go to Dark Horse and say, "I want to do Buffy comics," unless Dark Horse had a license from Fox to publish them. He needs Fox's permission to do anything with Buffy.
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/Anakin Skywalker
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