maddave's forum posts

#1 Posted by maddave (1 posts) - - Show Bio

Just want to say that you can read the transcript of the Marvel v Fox litigation on Westlaw. Some of the details of the contract are there; interestingly, despite the media reporting that Fox won, actually Marvel did. Marvel COULD make a live TV show of the X-men, so long as Fox cannot show that it does not weaken the film license. The onus would seem to be on Fox, which could be difficult to show.

More interestingly, it emerged that although this was one of those deals where the license had to be used otherwise it would expire, ANY movie had to be approved by Marvel. They have a veto to any future movies by Sony or Fox. They could, in theory, refuse to allow any more movies for the next 7 years, meaning that the license would expire. The one issue is that I believe there is a doctrine of good faith in most US states (my legal background is in English law.) So, they could not just have a blanket refusal otherwise this would not be in good faith, but certainly they could argue that some of the X-movies have royally sucked and are damaging the brand (which I would argue they have been doing since the start, hence the huge drop in the market share of the X-men comics.)

This would also mean that any talk of Fox or Sony releasing some old tat to keep their licenses expiring is utter nonsense. It HAS to be approved by Marvel, who would certainly not approve of a $10 straight to dvd movie.