Author Archives: James Daily

Lost and Found

A common trope in comic books and other literature is the hero (or villain) who accidentally stumbles across a magical artifact or other source of power.  One famous example is Tolkien’s The One Ring, but examples abound in comics as well.  Alan Scott found his namesake Green Lantern in the remains of a train wreck.  Dara Brighton, protagonist of The Sword, finds the namesake weapon in a hidden basement.  Cain Marko, aka The Juggernaut, finds the ruby that gives him his power in a temple in Korea.

In the comics it is taken for granted that these characters are the rightful possessors of the artifacts.  “Finders keepers,” right?  And in the case of the Green Lantern and the Juggernaut’s ruby there also seems to be an implicit invitation to take the artifact.  But what are the legal principles at work here?

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Law and the Multiverse Mailbag VII

Today we have questions about supervillain gadgets and imposing unwanted powers on people.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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The Martindale Mike Podcast

Our series of podcast appearances continues with the most recent edition of the Martindale Mike podcast over at Martindale.com.  Mike Mintz does a great, fun podcast, and we think you’ll enjoy it.  Thanks again to Mike for inviting us on.

Superpowered Merchandising, Part Two

In the first part of this series we discussed how superheroes (and supervillains) can use copyright to help control the use of their image and generate revenue through merchandising.  Now we’re going to talk about how trademarks can be used for the same purposes.

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Law and the Multiverse Mailbag VI

In today’s mailbag we have questions about FDA regulations and superpower loss.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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Pro Bono Radio

Law and the Multiverse has inspired an episode of Pro Bono Radio, a program of CFRC, the radio station of Queen’s University.  The episode can be downloaded here. Topics covered in the episode include the insanity defense, the duty to rescue, and real world superheroes. We think you’ll particularly enjoy hearing about these issues from a Canadian legal perspective.  Alas, no discussion of the Canadian superhero team Alpha Flight, but maybe we’ll remedy that in a future post.

Superpowered Merchandising, Part One

This is a follow-on from our series on superhero privacy rights.  In this series we’ll be looking at how superheroes (and maybe supervillains) could control the use of their image through copyright and trademarks.  We’ll begin with copyright.

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Law and the Multiverse Mailbag V

In today’s mailbag we have questions about superhero product endorsements and the Green Lantern Corps.  As always, if you have questions or post suggestions, please send them to james@lawandthemultiverse.com and ryan@lawandthemultiverse.com or leave them in the comments.

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Superhero Spouses

This post was inspired by an email from Andy, who wanted to know how the law affects the spouses of superheroes, who may or may not be superheroes themselves.  We’ve previously touched on how the surviving spouse of a deceased superhero could collect life insurance or inheritance without giving away the superhero’s secret identity (short version: wait the prescribed number of years, have the spouse declared dead, and then collect).  But there are other issues affecting married superheroes.  For example, maybe a superhero can’t be compelled to testify as to his or her secret identity, but could the superhero’s spouse?

You may have heard of something called the spousal privilege, spousal immunity, or the marital privilege. Here we’re talking about the marital privilege, which protects confidential communications between spouses.  This is separate from spousal immunity, which allows a person to refuse to testify against his or her spouse in a criminal case.  We’re not quite so interested in spousal immunity because generally superheroes testify against villains; superheroes are rarely criminal defendants themselves (though there are exceptions).

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Superhero Privacy Rights, Part Four

In the first three installments of this series, we discussed the invasion of privacy torts of intrusion, disclosure, and appropriation, as well as the closely related right of publicity.  Here we’ll round out our discussion of privacy with the tort of false light invasion of privacy and the related defamation torts of libel and slander.  In an upcoming related series, we’ll talk about how superheroes can use copyright and trademark law to manage the use of their name and likeness.

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