Tue Aug 4, 2009 4:15AM9 comments ›
Tue Aug 4, 2009 — by Glenn Hauman
Cease and desist letter to ComicMix for posting 'Astro Boy' image
And why we won't be covering the movie
UPDATE 8/5/09: The issue has been resolved between Imagi and us. See here for more details.
So we got this in our feedback form recently:
From: Rebecca Henning
Email: XXXXXXXXX@wwllp.com
To Comicmix.com:
This law firm represents Imagi Crystal Limited ("Imagi"), the exclusive owner of the copyright in the as-yet-to-be-released CGI Astro Boy Movie and various images and depictions of the anime character Astro Boy, including the depiction at this link: http://www.comicmix.com/news/2009/07/23/sdcc-astro-boy-panel/ (the "Image").
It recently has come to our attention that without authorization you have posted the Image at the link set forth above and represent that it is related to and/or connected with the Astro Boy Movie and/or sponsored or endorsed by Imagi (the "Posting").
Please be advised that the Posting constitutes, among other things, false advertising and unfair competition in violation of Imagi's exclusive rights, and further constitutes infringement of Imagi's protected rights under the Copyright Act, all of which subjects you to a claim for injunctive relief and damages. Accordingly, on behalf of Imagi, we hereby demand that you immediately remove the Posting from your website, and further, that you immediately provide written confirmation that you have done so.
Be further advised that if you do not comply with the demands set forth above, Imagi will have no choice but to institute an action against you -- and any persons or entities acting in concert with you -- which will be prosecuted to the fullest extent of the law.
Please confirm to us right away that you have complied with the demands of this letter. Otherwise, Imagi will have no option other than to act promptly to protect its rights.
This letter is not intended as a complete statement of the facts or of Imagi's rights, remedies and causes of action, all of which are hereby expressly reserved.
Very truly yours,
Rebecca Henning
Weissmann Wolff Bergman Coleman Grodin & Evall LLP
9665 Wilshire Boulevard, Ninth Floor
Beverly Hills, CA 90212
Tel. 310.858.7888
And here is our reply:
Ms. Henning:
The image in question has been removed.
To play it on the safe side, we have also removed the article in question, and every article related to the Astro Boy movie from our web site.
Obviously, we will be unable to trust any Astro Boy images that we get from third parties, because they may simply be claiming to have permission to promote Astro Boy and we simply don't have the time to check to see if, say, Summit Entertainment is in any way connected with Imagi... so it would just be easier to not cover the movie at all. Or the DVD release. Or the comic book adaptation, which will certainly be entertaining to explain to the publisher.
For that matter, we should probably be concerned about showing any images from other Imagi productions, such as Gatchaman, Highlander, TMNT, or Gigantor. We'll just skip covering them as well. And we should also notify all of the other people and news organizations who are providing press coverage on the web for any Imagi properties to be careful running any images related to their properties, lest they run afoul of lawyers. I can think of a few large websites running your precious image right now, I'm sure their thinking will mirror ours.
It's a shame. You could have handled this like the nice folks at Guinness World Records. When we used an image on their web site to promote an article about them, they wrote a very polite letter, did not threaten legal action at all, and provided us with alternate images to use. Even though our usage of the image clearly fell within fair use, we were happy to replace the image because we appreciated the tone and their efforts to find a useful solution.
But hey, you're just doing your job. So are we. And right now, it's going to be a lot easier to do our jobs by not having anything to do with Imagi products, certainly not by promoting them in any way. And I'm sure it's going to be a lot easier for other folks to do the same.
Glenn Hauman
ComicMix
Jump to comments (9) 
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Comments (9)
Tom Fitzpatrick (6:03 AM on Tue Aug 4, 2009)
Did IDW get such a letter for publishing a Astro Boy prequel?
Moreover, isn't ComicMix! linked with IDW?
Lee Houston, Junior (8:07 AM on Tue Aug 4, 2009)
Geez! The Sci-Fi (I refuse to use that silly, trademarkable version of their name) Channel still has all their articles AND images up.
If the movie fails at the box office, I hope the studio doesn't claim media bias as the reason.
batmansgirl (9:03 AM on Tue Aug 4, 2009)
You guys rock! Go ComicMix!
I'm not going to have anything to do with Imagi or any of their products anymore, even though I love TMNT. I'm also going to ignore their stupid movie at the box office too. I refuse to, after seeing a rude letter like this.
Russ Rogers (10:03 AM on Tue Aug 4, 2009)
I fondly recall the Cease and Desist letter Gary Larson's reps sent ComicMix last year. It was respectful and humorous. It tried to explain why Gary was protective of his work. ComicMix took down the image that Larson's folks didn't want them to use. And that was the last we've heard of Gary Larson on ComicMix. But that's just a coincidence. That's just because Larson's a has-been, right? Gary Larson just hasn't done anything newsworthy or noteworthy in the last year and a half. Right?
It's funny, I just did a Google News search on Gary Larson and came up with this!
http://blog.zap2it.com/frominsidethebox/2009/07/the-simps...
What are the odds of a news story including both Larson AND Guiness being the most recent?
OK. So the gauntlet is down. ComicMix is going to blacklist SpaceKid, the Cosmic Big Boy, uhm, RoboTwerp, whatever. I won't lose sleep over it. Imagine the world today if the Speed Racer movie hadn't been as hyped as it was. But it's more than that, Glenn has intimated that ComicMix won't cover any Imagi productions and he seems to be encouraging others to follow his lead. How many will? How many other media outlets will choose to feature THIS story (about Imagi's pointless Cease and Desist demands) versus Imagi's press releases?
But I wonder, how will the folks at Imagi feel about how Rebecca Henning and Weissmann Wolff Bergman Coleman Grodin & Evall LLP have represented them and their interests? Will they be pleased if other media folks take Glenn's suggestion and just ignores that Galaxy Tot movie or any other of Imagi's productions? I can't believe THIS is the image that Imagi wants associated with their productions! Are these litigious demands with threats to seek injunctive relief and damages really what Imagi wants associated with their cartoon heroes? Teenage Mutant Turtle Lawyers, carrying briefcases, pens and injunctions and wearing those poncy white wigs?
I wonder what Erin Corbett, president of Imagi's American subsidiary (and chief of marketing worldwide), thinks of all this? Somebody should ask her. I tried to pull up Imagi's web site. It's either down or gone. Maybe this is part of a strange, counter-intuitive marketing strategy I just don't understand. Pull down your site. Sick lawyers on the world. Nope. That don't make sense, especially when you are about to foist another Nicholas Cage bombshell on the movie-going public.
Imagi's web site is GONE. Why? On twitter: AstroBoy_News has been strangely silent for the last week. Is it just because they have less than ten followers? Will AstroBoy_News link to this article?
I read the article that ComicMix put up about the upcoming movie. It was entirely possitive. The image that ComicMix used had Imagi's name and copyright notice on it. There was no attempt on ComicMix to violate Imagi's rights. Why would Imagi's lawyers seek injunctive relief from favorable press buzz? It makes NO sense! Erin Corbett, can you explain this, please?
Anonymous (10:25 AM on Tue Aug 4, 2009)
I read it too. It was entirely positive!
"If you don't stop saying nice things about our movie on the internet we will sue you."
"false advertising and unfair competition...injunctive relief and damages"
Hahaha. They deserve to flop.
Jenifer Rosenberg (11:45 AM on Tue Aug 4, 2009)
Oh, to be the proverbial fly on the wall when the Marketing department inevitably sets up a meeting with the legal counsel...
Paul1963 (12:55 PM on Tue Aug 4, 2009)
"Say, Rebecca, I hear you're threatening legal action against people who are giving our movie free publicity. You do understand that we want people to know about this movie, right? So they'll tell their friends about it, so we'll sell more tickets, right? I'd be very interested in hearing how you think that's going to happen if you send threatening letters to websites that put up articles--positive articles, mind you--telling readers about our movie. For free. Costing us nothing.
"Well?
"I'm waiting..."
Rick Taylor (1:35 PM on Tue Aug 4, 2009)
Astro Boy is my favorite character. Given these folks are such jerks they can kiss my money good-bye.
Russ Rogers (8:21 PM on Tue Aug 4, 2009)
I found Imagi's web site! Or at least a mirror of it.
http://mirrorus.imagi.com.hk//web/main.php
I sent them an e-mail. I've also left phone messages for Rebecca Henning and Erin Corbett. Why? Because I'm sincerely curious what their perspective on this might be. And because I'm a buttinski with too much time on my hands!