Postby Goofateer » 24 Feb 2010 23:45
As I understand it IP (intellectual property) rights are a bit different than Trademark or Copyrights. Seem's to have more to do with context rather than actual ownership. Like David Lettermen and his top 10 list. There was a huge debate when he switched networks whether or not the rights to the top 10 list belonged to the show, and therefore the network? Or to Lettermen himself. Eventually the rights went to Lettermen.
Not sure exactly how it applies here, but some little domino has to be pushed to make it all happen?
Also, as mentioned above, the rights did lapse. Hasbro didn't need Red Shadow's for anything, and never used them themselves, so they never bothered to pay for them. Just look at all the odd names in the G.I. Joe line since 2000: AGENT Scarlet, SGT. Zap, DREADNOK Buzzer, and so on. That was all because they let the rights to the names lapse.
As for the DDP Shadow's, I think from a legal point of view, those are considered to be "original creations" owned by DDP. Never the less, Hasbro probably owns them now. In print you have a LOT more leeway in what you can get away with. Like Marvel can publish a full issue of Batman, as long as the character likeness or the name does not appear on the cover. Can't recall if they can use the actual name inside, that might be a no no to? But they can have Spiderman hitting "Bruce Wane" on the cover, just so long as the name "Bruce Wane" isn't on the cover, and he's not in a Batman suit.
The question about the rights to the Red Shadow's was indeed asked at a Hasbro panel a few years back, and the answer was essentially "we don't know?" Yes they bought Palitoy, but the "rights" were caught somewhere in the middle. Probably due in large part the fact that the characters where published in Battle Action Force. The publisher probably had some form of rights, however tenuous.
Roger
