Feds Seize "Richie Bush" Comic Books...are we safer yet?

[Atman]

On October 27, U.S. Customs sent a letter to Top Shelf Productions (an agent for a comics book publisher) notifying them that copies of the anthology "Stripburger" had been seized, charging that "Richie Bush" by Peter Kuper constituted "clearly piratical copy" of registered and recorded copyright. The Comic Book Legal Defense Fund has retained counsel to challenge these seizures.


"Richie Bush," appearing in Stripburger (Vol. 12) #37, is a four-page parody of Richie Rich that also satirizes the Bush Administration by superimposing the personalities of the President's cabinet on the characters from the comic. Customs seized fourteen copies of the issue containing "Richie Bush." Top Shelf is the American agent for Stripburger, an Eastern European comics publisher that releases anthologies of comics from cartoonists around the globe.  

Upon investigating the shipment, Customs released the copies of Miniburger, but held the issues of Stripburger, giving Top Shelf thirty days to either forfeit the shipment, request administrative relief, or initiate court action.  

At the urging of Stripburger, Top Shelf and CBLDF President Chris Staros brought the case to the attention of the Fund as a potential news story. CBLDF Executive Director Charles Brownstein felt the matter warranted serious legal attention, so it was sent to Burton Joseph, the Fund's legal counsel, whose opinion was that Customs was unlawfully holding First Amendment protected speech. The option of pursuing court action on First Amendment grounds was then taken to the CBLDF Board of Directors, which unanimously voted 8-0 to take up the case; Chris Staros recused himself from the vote.  

http://www.davidcorn.com/

[tx_dem41]

1. You know, it could just possibly be copyright infringement.

Especially, if they are just imposing words on top of Richie Rich character drawings/strips as the article implies.

I need to see the actual strip to be sure, of course.

[donhakman]

2. bush league security

[tx_dem41]

3. Again, a tough call....

but those characters are owned and licensed by others.

Any copyright lawyers wish to weigh in?

[RafterMan]

4. Not sure

I do know that parody has been granted a far wider license than normal in terms of copyright. I don't know if the parody has to be of the thing being "infringed" or if the exception is more general.

[tx_dem41]

5. I think the distinction you bring up is the crux of the matter. n/t

[onenote]

6. doesn't look like infringement to me

Copyright infringement issues rarely are black and white, but from what little I can tell from looking at www.richiebush.com, it looks more like parody/satire than a direct rip off...

onenote