April 21, 2025 • 19 mins
Behind every cape, catchphrase, and cartoon lies a labyrinth of legal battles that define who owns our most beloved fictional characters. From courtrooms to corporate boardrooms, the fight for character rights shapes not just entertainment, but billion-dollar empires.
Dive deep with us into fascinating cases that reveal the high-stakes world of character ownership. The Pokémon Company's swift takedown of a $40 million bootleg mobile game shows how fiercely major franchises protect their roster of creatures. Meanwhile, Star Wars faces unexpected challengers as actors from deleted scenes demand £190 million for their likenesses appearing in new content – potentially changing how studios use archival footage forever.
Explore Disney's $10 billion Moana lawsuit, where an animator claims his unpublished screenplay was appropriated for the hit film, raising profound questions about idea ownership in Hollywood. We also examine what happens when copyright protection expires, as Popeye and Tintin enter the public domain only to be immediately reimagined as horror characters and noir detectives.
The emotional battles over El Chavo del Ocho characters demonstrate how performers and creators clash when trying to separate the artist from their iconic role. María Antonieta de las Nieves' landmark victory to perform as La Chilindrina independently stands in stark contrast to Spider-Man's tangled web of rights shared between Sony and Disney in an unprecedented co-licensing arrangement. And who knew that Sherlock Holmes showing emotions could trigger copyright infringement claims?
These stories reveal a fundamental truth: in our character-driven entertainment landscape, intellectual property isn't just about legal documents – it's about who controls the soul of our collective imagination. Subscribe now to explore more fascinating collisions between creativity and the law that shape the characters we love.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Artemisa AI (00:00):
Heroes, capes, capers, courtrooms.
Oh yes, Welcome to the trueorigin story you never saw
coming, the one where yourfavorite fictional hero isn't
battling a supervillain but asubpoena, Because behind every
iconic mask and trademarkcatchphrase, theirs is ownership
, a contract and usually acopyright infringement case
(00:20):
waiting to happen.
Welcome to Intangiblia, wherelegends are made and
occasionally sued.
Speaker 2 (00:29):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property.
Please welcome your host,leticia Caminero.
Leticia Caminero AI (00:39):
Welcome back to Intangiblia, the podcast
where imagination meetslitigation.
I'm Leticia Caminero, your hosthere to explore the
intellectual property universewith a dash of drama, a pinch of
sass and, of course, my AIco-host who never misses a beat
Artemisa.
Artemisa AI (00:59):
And I'm here to turn up the voltage darling.
Today we're diving deep intothe animated, costumed and
cartoonishly dramatic world offictional characters and the
lawsuits that define them.
Yes, even your favorite herocan find themselves in court.
Spoiler alert even icons needIP lawyers and a litigation
budget bigger than a Marvelmovie.
Leticia Caminero AI (01:18):
From Saturday morning cartoons to
billion dollar blockbusters.
Fictional characters aren'tjust stories, they're assets,
and when someone tries to copy,tweak or reinvent those assets
without permission, things getspicy.
Let's kick things off with acase as electrifying as a
Pikachu Thunderbolt and withjust as much shock value.
(01:41):
Just a quick note before wecontinue with season five.
This episode was created usingsome really cool AI tools.
We hope you are enjoying thisfun and innovative experience.
In 2024, the Pokemon companyfaced off with two Chinese
mobile developers who dropped alittle game called Pokemon
(02:02):
Monster Remake.
Now, to the untrained eye, itlooked like a cute mobile RPG,
but to any Pokemon fan withfunctioning eyeballs, it was a
full-on Pokeclone.
Pikachu was yelling Pika, pikawith no shame, and Charmander
Bulbasaur and their pals wereall there just slightly
(02:22):
pixelated.
Artemisa AI (02:24):
It wasn't just a homage, it was an identity theft
case with 8-bit graphics.
The bootleg app made over $40million zero cents Before the
Pokemon company slammed down alawsuit like it was using Hyper
Beam, the lawsuit didn't evenmake it to a courtroom boss
battle.
Leticia Caminero AI (02:39):
The developers tapped out, issued a
very public apology and shutdown the game.
But it wasn't just about money.
It was about protecting decadesof character equity.
You can't just clone the mostmerchandised creatures in gaming
history and hope nobody notices.
Artemisa AI (02:57):
Unless your business model is catch some
coins, then vanish.
Don't play in the Pokemonsandbox without permission.
The IP lesson inspiration isfine, but if Pikachu's screaming
in your app, you better have acontract signed in triplicate.
Leticia Caminero AI (03:09):
Let's take a hyperspace jump into the Star
Wars galaxy, Not just thecinematic one, but the legal
empire that powers it behind thescenes.
From the moment George Lucasrealized lightsabers could pay
for luxury ranches, Star Warsbecame one of the most
brilliantly managed IP fromPokeclone.
Pikachu was yet Lucasfilm andnow Disney.
(03:32):
Didn't just build a saga, theybuilt a fortress.
Everything from the term Yetito the shape of Darth Vader's
helmet is protected.
We're talking dozens ofregistered trademarks, design
patents on ships and costumes,and sprawling copyright
registrations across films,shows, comics, merch and more.
(03:52):
You name it.
They've likely filed it withthe USPTO and the JPO and the
JPO.
Artemisa AI (04:00):
And well you get the idea they're not playing
Padawan games.
Lucasfilm has taken down fanfilms, unlicensed Halloween
costumes and even beer brands,trying to go galactic.
This is a franchise that keepsits lightsaber sheath tight and
its IP tighter, so whensomething slips through, it's
big news.
Leticia Caminero AI (04:18):
And that brings us to early 2025.
Enter the unexpected Actors.
Kool Stark and Anthony Forrest,both of whom appeared in
deleted scenes from A New Hope,filed a lawsuit claiming their
likenesses were used withoutpermission in newer Star Wars
content.
These weren't major characters.
These were bling and submissiveappearances that didn't even
(04:41):
make the theatrical cut.
But in the streaming era,everything gets recycled.
Artemisa AI (04:46):
That's right.
The deleted scenes strike back.
They're suing for over 190million pounds sterling zero
pence because apparently theonly thing more powerful than
the force is a good likenessrights claim.
What was once lost on theediting room floor is now center
stage in federal court.
The implications Massive.
Leticia Caminero AI (05:06):
If this case sets precedent, actors from
cut scenes across Hollywoodcould suddenly have legal
standing when their footage getsrevived, especially as studios
dig through archives for contentgold in the streaming wars.
Artemisa AI (05:21):
So if you were ever blurry background person three
in an alcoholic franchise, it'stime to dust off your old
contract Because, who knows,your shoulder might be getting
royalties before your agentreturns your call.
Leticia Caminero AI (05:33):
Next up a tropical twist on the copyright
classic.
In 2025, animator andscreenwriter Buck Woodall filed
a high-profile lawsuit againstDisney, claiming that their hit
film Moana bore substantialsimilarities to his unpublished
screenplay Bucky, which he sayshe submitted to the studio years
before the movie's release.
(05:54):
The stakes A staggering $10billion.
Zero cents, yes, billion.
This case isn't just big innumbers, it's big in narrative
complexity.
Artemisa AI (06:08):
Now before you roll your eyes at the price tag,
this isn't some random beachstory.
Woodall's claim centers on theidea that Disney borrowed not
just a plot but entirestructural and thematic elements
A strong-willed island heroine,a mythic demigod sidekick, a
journey of cultural identity ina Pacific Island setting filled
with ancestral spirits and oceanmagic.
Leticia Caminero AI (06:29):
Woodall alleges that he pitched this
concept directly to Disney andthat elements from his work
found their way into Moana.
The lawsuit argues not justcopyright infringement, but
misappropriation of creativework.
Disney, for their part, hasdenied everything, calling the
suit meritless and assertingthat Moana was developed
independently with inspirationfrom extensive cultural
(06:53):
consultations and originalstorytelling.
Artemisa AI (06:55):
It's not the first time Disney's been sued over
alleged idea theft, but the $10billion zero cents figure, the
timing of the pitch and thedetail in Woodall's complaint
make this one especiallywatchworthy.
He even claims some earlyversions of Moana align beat for
beat with Bucky.
Leticia Caminero AI (07:12):
At the center of this case is a deeper
industry issue how studioshandle unsolicited ideas and
whether creators can ever trulyprotect a concept before it's
made public.
If the court sides with Woodall, it could shake up submission
practices across Hollywood.
Artemisa AI (07:32):
And if Maui ends up having to testify, we're
definitely tuning in.
What can I say except you,better, lawyer up.
Leticia Caminero AI (07:39):
Not all courtroom drama needs a villain.
Sometimes time does the heavylifting.
In 2025, two titans of 20thcentury comics, Popeye and
Tintin, entered the publicdomain in the US, and the
reactions Instant, wild andwonderfully weird.
Popeye was optioned for not one, not two, but three horror
(07:59):
films Because naturally, thenext logical evolution of a
spinach-per-power sailor isturning him into a slasher icon.
Artemisa AI (08:08):
Yes, horror Popeye.
He eats spinach, then ripsheads.
It's like I am what I am andnow I'm your nightmare.
Forget the can.
He's opening plot lines,meanwhile Tintin's over in noir
reboot territory, probablysolving crimes in a rain soaked
Paris, with Snowy reimagined asa sentient AI dog suffering from
existential dread.
Leticia Caminero AI (08:27):
These characters aren't just nostalgic
, they're cultural icons.
Popeye, first introduced in1929 by EC Segar, became a
symbol of strength, resilienceand goofy bravado.
His massive forearms, mumbledlines and love triangle with
olive oil and blue dough madehim a pop culture staple,
(08:48):
especially during World War II,when he became an unlikely
poster boy for patriotism andspinach sales.
Artemisa AI (08:55):
And Tintin.
Created by Belgian cartoonistHergé, this intrepid young
journalist with his signaturequiff and globe-trotting
adventures became the face ofEuropean comics.
His blend of mystery, politicalintrigue and faithful
companionship with his dog Snowyinspired generations.
Tintin wasn't just a comic.
He was a worldwide publishingphenomenon, adapted into TV,
(09:17):
film and museum exhibits.
Leticia Caminero AI (09:19):
So when the clock finally struck midnight
under US protection, creativesdidn't waste time.
These legacy characters, oncefiercely protected, are now open
territory for remixes, rebootsand reinventions.
The public domain is now theirnew frontier.
Artemisa AI (09:38):
This moment reminds us that once copyright expires,
creative freedom explodes.
But with great freedom comesgreat responsibility.
Will these reboots honor thelegacy or turn them into meme
fuel?
Time and ticket sales will tell.
Speaker 2 (09:53):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property.
Leticia Caminero AI (10:02):
We head to Mexico, home of one of the most
beloved TV shows in LatinAmerican history, el Chavo del
Ocho.
This wasn't just a sitcom, itwas a cultural institution For
many of us growing up.
Men tuning in to see El Chavohide in his barrel, don Ramon
(10:23):
dodge rent and La Chilindrinaserve attitude with pigtails and
a pout.
It was joy, slapstick and soul,delivered in 30-minute episodes
that transcended borders andlanguages.
But behind the laughter andsignature theme song, a much
messier drama was playing out inreal life.
(10:44):
María Antonieta de las Nieves,who played La Chilindrina, and
Carlos Villana, who brought theeternally pouting Kiko to life,
both entered legal battles tokeep performing their iconic
characters after the show ended.
These characters had become sodeeply embedded in their public
personas that separating theactor from the creation was no
(11:05):
easy feat.
Artemisa AI (11:06):
And oh honey, this wasn't just character drama.
It was full on IP warfare.
Wigs were snatched, contractswere contested and decades long
friendships got lost.
Somewhere between a copyrightclause and a public interview,
villagran was forced to rebrandCuico as Kiko, spelled with a K,
just to continue performing thecharacter in comedy shows and
(11:28):
live appearances.
And even then he had to makesubtle changes to the costume
and voice to avoid infringing onthe original rights held by
Chesperito's estate.
Leticia Caminero AI (11:36):
Maria Antonieta, on the other hand,
fought a separate legal battleand came out victorious.
The Mexican courts ruled in herfavor, recognizing her as the
creator of La Chilandrina'sdistinctive identity.
That meant she was legallyentitled to perform the
character independently.
And yes, she's profited fromthat ruling, continuing to tour
(11:57):
across Latin America incharacter, appearing on
television and even launching abook about her life as La
Chilandrina.
Artemisa AI (12:05):
And, let's be honest, the fans were watching
every twist like it was a newseason of La Rosa de Guadalupe.
People took sides, debated whoreally owned these beloved
characters and poured love andsometimes legal analysis all
over social media.
Leticia Caminero AI (12:19):
This case goes beyond licensing.
It highlights a deep tension incharacter ownership.
What happens when the soul of acharacter is as much in the
performer as in the pen?
El Chavo del Ocho wasn't madewith CGI or billion-dollar
studios.
It was crafted with laughter,low budgets and
lightning-in-a-bottleperformances.
(12:40):
And when that magic turns intolegal claims, you realize just
how personal IP law can get.
Artemisa AI (12:47):
It's a telenovela wrapped in a lawsuit, with a
splash of childhood heartbreakand also a reminder.
Legacy media may belong tocompanies on paper, but in the
hearts of audiences thosecharacters may belong to the
actors who brought them to life.
The law just has to catch upwith the lave.
It also set important precedentabout what it means to
(13:09):
co-create a fictional personaand how law sometimes has to
catch up.
The lesson don't underestimatethe legal power of a pigtail.
Leticia Caminero AI (13:18):
What about a superhero who's not just
saving the day, he's also caughtin one of the messiest legal
webs in pop culture Spider-Man.
While Peter Parker may befriendly and neighborhood-based,
the rights to his characterhave been anything but simple.
Artemisa AI (13:34):
That's right.
Marvel sold the film rights toSpider-Man to Sony Pictures back
in 1999, at a time when Marvelwas climbing out of bankruptcy
and probably would have sold aweb shooter for cash For years.
Sony controlled the agreement.
The character, would appear,retained publishing and
merchandising rights.
Leticia Caminero AI (13:52):
Fast forward to the 2010s.
Marvel, now under Disney,wanted their web slinger back in
the Marvel Cinematic Universe.
Due to a tangled web ofnegotiations that resulted in a
historic agreement, thecharacter would appear in both
Sony and Disney's cinematicuniverses, with creative
collaboration across films.
But even that deal has nearlycollapsed more than once,
(14:17):
sparking public outcry and fanpetitions.
Artemisa AI (14:20):
And while fans fought with hashtags, the
lawyers fought with contracts.
At the heart of it, IP rights,character control and profit
sharing.
It's a clear example of how asingle character can be the
subject of split rights,overlapping ownership and
millions of dollars in licensingrevenue To make things even
juicier in 2021, the estate ofSteve Ditko, the co-creator of
(14:44):
Spider-Man, filed notices toreclaim rights under US
copyright termination provisions.
Leticia Caminero AI (14:51):
Disney responded with a lawsuit to
invalidate the terminationclaims, arguing that Ditko's
contributions work for hire.
That legal battle is ongoingand could influence how
character copyrights are handled.
Moving forward Moral of thestory.
Artemisa AI (15:07):
Even superheroes aren't immune to copyright
disputes.
With great IP comes greatresponsibility and a very
complicated contract.
Leticia Caminero AI (15:15):
And before we go.
How about a case that'selementary but not so simple?
When Enola Holmes hit Netflixin 2020, the estate of Sir
Arthur Conan Doyle filed alawsuit against Netflix,
Legendary Pictures and others,claiming copyright infringement.
Why?
Not because Enola existed, butbecause of how Sherlock was
(15:38):
portrayed.
Artemisa AI (15:39):
Yes, the detective with the hat, the pipe and the
ice-cold emotional detachmentsuddenly had feelings, and that
was the issue.
The Conan Doyle estate arguedthat earlier Sherlock stories
were in the public domain, butthe later ones, where Sherlock
shows empathy, warmth, evenaffection, were still under
copyright.
So the version of Sherlock inEnola Holmes was allegedly too
(16:00):
nice.
Leticia Caminero AI (16:01):
It wasn't about the mystery, it was about
the mistress emotions.
They claim the more humanizedSherlock was part of those final
copyrighted stories and thatNetflix portrayal borrowed from
those rather than the publicdomain material.
Artemisa AI (16:17):
A lawsuit over feelings In IP law Delicious.
Ultimately, the case wassettled in 2021, likely out of
court, but it raised a spicyprecedent.
Leticia Caminero AI (16:28):
Not all character traits are free just
because the character mostly isso, yes, even a raised eyebrow
or a brotherly hug can beprotected by copyright if it
only appears in later stories,still under protection.
Moral of the story.
When adapting classiccharacters, tread carefully.
(16:49):
Even the most famous minds infiction have IP baggage.
Artemisa AI (16:54):
And don't make Sherlock too soft unless your
legal team is rock solid.
Leticia Caminero AI (16:59):
So what do we learn today, class?
Here are a few takeaways fromour tour through the most iconic
fictional character cases.
One characters can outgrowtheir contracts, whether it's a
deleted scene or a live sketch.
Decades later, what performersbring to life may deserve
continued legal protection.
Two imitation is not alwaysflattery, especially when there
(17:21):
are millions or billions on theline.
If it looks like Pikachu orquacks like a Disney duck,
expect the losses to fly.
Three public domain doesn'tmean public decency.
The minute copyright expires,things get weird Horror pop by
anyone.
Four creative control matters.
Whether you're a global studioor a single actor, clarity in IP
(17:42):
ownership and licensing iseverything.
Five the law evolves slowly.
Content is constant, but legalsystems are still catching up.
That tension is where the mostfascinating IP battles are born
Exactly.
Artemisa AI (17:56):
These stories remind us that behind every
beloved character is a legallineage, and behind every catchy
catchphrase there's probably acopyright.
Leticia Caminero AI (18:06):
Thanks for joining us on this whirlwind
tour of cartoon courtroom combat.
We'll be back soon with morestories where fiction meets fact
and occasionally gets sued forit.
Artemisa AI (18:18):
Stay litigious my legends and remember if your
character wears boots, make sureyour legal case does too.
Speaker 2 (18:26):
Thank you for listening to Intangiblia, the
podcast of intangible lawplaying.
Talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,facebook, linkedin and Twitter.
(18:46):
Visit our websitewwwintangibliacom.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
Heroes, capes, capers, courtrooms.
Oh yes, Welcome to the trueorigin story you never saw
coming, the one where yourfavorite fictional hero isn't
battling a supervillain but asubpoena, Because behind every
iconic mask and trademarkcatchphrase, theirs is ownership
, a contract and usually acopyright infringement case
(00:20):
waiting to happen.
Welcome to Intangiblia, wherelegends are made and
occasionally sued.
Speaker 2 (00:29):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property.
Please welcome your host,leticia Caminero.
Leticia Caminero AI (00:39):
Welcome back to Intangiblia, the podcast
where imagination meetslitigation.
I'm Leticia Caminero, your hosthere to explore the
intellectual property universewith a dash of drama, a pinch of
sass and, of course, my AIco-host who never misses a beat
Artemisa.
Artemisa AI (00:59):
And I'm here to turn up the voltage darling.
Today we're diving deep intothe animated, costumed and
cartoonishly dramatic world offictional characters and the
lawsuits that define them.
Yes, even your favorite herocan find themselves in court.
Spoiler alert even icons needIP lawyers and a litigation
budget bigger than a Marvelmovie.
Leticia Caminero AI (01:18):
From Saturday morning cartoons to
billion dollar blockbusters.
Fictional characters aren'tjust stories, they're assets,
and when someone tries to copy,tweak or reinvent those assets
without permission, things getspicy.
Let's kick things off with acase as electrifying as a
Pikachu Thunderbolt and withjust as much shock value.
(01:41):
Just a quick note before wecontinue with season five.
This episode was created usingsome really cool AI tools.
We hope you are enjoying thisfun and innovative experience.
In 2024, the Pokemon companyfaced off with two Chinese
mobile developers who dropped alittle game called Pokemon
(02:02):
Monster Remake.
Now, to the untrained eye, itlooked like a cute mobile RPG,
but to any Pokemon fan withfunctioning eyeballs, it was a
full-on Pokeclone.
Pikachu was yelling Pika, pikawith no shame, and Charmander
Bulbasaur and their pals wereall there just slightly
(02:22):
pixelated.
Artemisa AI (02:24):
It wasn't just a homage, it was an identity theft
case with 8-bit graphics.
The bootleg app made over $40million zero cents Before the
Pokemon company slammed down alawsuit like it was using Hyper
Beam, the lawsuit didn't evenmake it to a courtroom boss
battle.
Leticia Caminero AI (02:39):
The developers tapped out, issued a
very public apology and shutdown the game.
But it wasn't just about money.
It was about protecting decadesof character equity.
You can't just clone the mostmerchandised creatures in gaming
history and hope nobody notices.
Artemisa AI (02:57):
Unless your business model is catch some
coins, then vanish.
Don't play in the Pokemonsandbox without permission.
The IP lesson inspiration isfine, but if Pikachu's screaming
in your app, you better have acontract signed in triplicate.
Leticia Caminero AI (03:09):
Let's take a hyperspace jump into the Star
Wars galaxy, Not just thecinematic one, but the legal
empire that powers it behind thescenes.
From the moment George Lucasrealized lightsabers could pay
for luxury ranches, Star Warsbecame one of the most
brilliantly managed IP fromPokeclone.
Pikachu was yet Lucasfilm andnow Disney.
(03:32):
Didn't just build a saga, theybuilt a fortress.
Everything from the term Yetito the shape of Darth Vader's
helmet is protected.
We're talking dozens ofregistered trademarks, design
patents on ships and costumes,and sprawling copyright
registrations across films,shows, comics, merch and more.
(03:52):
You name it.
They've likely filed it withthe USPTO and the JPO and the
JPO.
Artemisa AI (04:00):
And well you get the idea they're not playing
Padawan games.
Lucasfilm has taken down fanfilms, unlicensed Halloween
costumes and even beer brands,trying to go galactic.
This is a franchise that keepsits lightsaber sheath tight and
its IP tighter, so whensomething slips through, it's
big news.
Leticia Caminero AI (04:18):
And that brings us to early 2025.
Enter the unexpected Actors.
Kool Stark and Anthony Forrest,both of whom appeared in
deleted scenes from A New Hope,filed a lawsuit claiming their
likenesses were used withoutpermission in newer Star Wars
content.
These weren't major characters.
These were bling and submissiveappearances that didn't even
(04:41):
make the theatrical cut.
But in the streaming era,everything gets recycled.
Artemisa AI (04:46):
That's right.
The deleted scenes strike back.
They're suing for over 190million pounds sterling zero
pence because apparently theonly thing more powerful than
the force is a good likenessrights claim.
What was once lost on theediting room floor is now center
stage in federal court.
The implications Massive.
Leticia Caminero AI (05:06):
If this case sets precedent, actors from
cut scenes across Hollywoodcould suddenly have legal
standing when their footage getsrevived, especially as studios
dig through archives for contentgold in the streaming wars.
Artemisa AI (05:21):
So if you were ever blurry background person three
in an alcoholic franchise, it'stime to dust off your old
contract Because, who knows,your shoulder might be getting
royalties before your agentreturns your call.
Leticia Caminero AI (05:33):
Next up a tropical twist on the copyright
classic.
In 2025, animator andscreenwriter Buck Woodall filed
a high-profile lawsuit againstDisney, claiming that their hit
film Moana bore substantialsimilarities to his unpublished
screenplay Bucky, which he sayshe submitted to the studio years
before the movie's release.
(05:54):
The stakes A staggering $10billion.
Zero cents, yes, billion.
This case isn't just big innumbers, it's big in narrative
complexity.
Artemisa AI (06:08):
Now before you roll your eyes at the price tag,
this isn't some random beachstory.
Woodall's claim centers on theidea that Disney borrowed not
just a plot but entirestructural and thematic elements
A strong-willed island heroine,a mythic demigod sidekick, a
journey of cultural identity ina Pacific Island setting filled
with ancestral spirits and oceanmagic.
Leticia Caminero AI (06:29):
Woodall alleges that he pitched this
concept directly to Disney andthat elements from his work
found their way into Moana.
The lawsuit argues not justcopyright infringement, but
misappropriation of creativework.
Disney, for their part, hasdenied everything, calling the
suit meritless and assertingthat Moana was developed
independently with inspirationfrom extensive cultural
(06:53):
consultations and originalstorytelling.
Artemisa AI (06:55):
It's not the first time Disney's been sued over
alleged idea theft, but the $10billion zero cents figure, the
timing of the pitch and thedetail in Woodall's complaint
make this one especiallywatchworthy.
He even claims some earlyversions of Moana align beat for
beat with Bucky.
Leticia Caminero AI (07:12):
At the center of this case is a deeper
industry issue how studioshandle unsolicited ideas and
whether creators can ever trulyprotect a concept before it's
made public.
If the court sides with Woodall, it could shake up submission
practices across Hollywood.
Artemisa AI (07:32):
And if Maui ends up having to testify, we're
definitely tuning in.
What can I say except you,better, lawyer up.
Leticia Caminero AI (07:39):
Not all courtroom drama needs a villain.
Sometimes time does the heavylifting.
In 2025, two titans of 20thcentury comics, Popeye and
Tintin, entered the publicdomain in the US, and the
reactions Instant, wild andwonderfully weird.
Popeye was optioned for not one, not two, but three horror
(07:59):
films Because naturally, thenext logical evolution of a
spinach-per-power sailor isturning him into a slasher icon.
Artemisa AI (08:08):
Yes, horror Popeye.
He eats spinach, then ripsheads.
It's like I am what I am andnow I'm your nightmare.
Forget the can.
He's opening plot lines,meanwhile Tintin's over in noir
reboot territory, probablysolving crimes in a rain soaked
Paris, with Snowy reimagined asa sentient AI dog suffering from
existential dread.
Leticia Caminero AI (08:27):
These characters aren't just nostalgic
, they're cultural icons.
Popeye, first introduced in1929 by EC Segar, became a
symbol of strength, resilienceand goofy bravado.
His massive forearms, mumbledlines and love triangle with
olive oil and blue dough madehim a pop culture staple,
(08:48):
especially during World War II,when he became an unlikely
poster boy for patriotism andspinach sales.
Artemisa AI (08:55):
And Tintin.
Created by Belgian cartoonistHergé, this intrepid young
journalist with his signaturequiff and globe-trotting
adventures became the face ofEuropean comics.
His blend of mystery, politicalintrigue and faithful
companionship with his dog Snowyinspired generations.
Tintin wasn't just a comic.
He was a worldwide publishingphenomenon, adapted into TV,
(09:17):
film and museum exhibits.
Leticia Caminero AI (09:19):
So when the clock finally struck midnight
under US protection, creativesdidn't waste time.
These legacy characters, oncefiercely protected, are now open
territory for remixes, rebootsand reinventions.
The public domain is now theirnew frontier.
Artemisa AI (09:38):
This moment reminds us that once copyright expires,
creative freedom explodes.
But with great freedom comesgreat responsibility.
Will these reboots honor thelegacy or turn them into meme
fuel?
Time and ticket sales will tell.
Speaker 2 (09:53):
You are listening to Intangiblia, the podcast of
intangible law playing talkabout intellectual property.
Leticia Caminero AI (10:02):
We head to Mexico, home of one of the most
beloved TV shows in LatinAmerican history, el Chavo del
Ocho.
This wasn't just a sitcom, itwas a cultural institution For
many of us growing up.
Men tuning in to see El Chavohide in his barrel, don Ramon
(10:23):
dodge rent and La Chilindrinaserve attitude with pigtails and
a pout.
It was joy, slapstick and soul,delivered in 30-minute episodes
that transcended borders andlanguages.
But behind the laughter andsignature theme song, a much
messier drama was playing out inreal life.
(10:44):
María Antonieta de las Nieves,who played La Chilindrina, and
Carlos Villana, who brought theeternally pouting Kiko to life,
both entered legal battles tokeep performing their iconic
characters after the show ended.
These characters had become sodeeply embedded in their public
personas that separating theactor from the creation was no
(11:05):
easy feat.
Artemisa AI (11:06):
And oh honey, this wasn't just character drama.
It was full on IP warfare.
Wigs were snatched, contractswere contested and decades long
friendships got lost.
Somewhere between a copyrightclause and a public interview,
villagran was forced to rebrandCuico as Kiko, spelled with a K,
just to continue performing thecharacter in comedy shows and
(11:28):
live appearances.
And even then he had to makesubtle changes to the costume
and voice to avoid infringing onthe original rights held by
Chesperito's estate.
Leticia Caminero AI (11:36):
Maria Antonieta, on the other hand,
fought a separate legal battleand came out victorious.
The Mexican courts ruled in herfavor, recognizing her as the
creator of La Chilandrina'sdistinctive identity.
That meant she was legallyentitled to perform the
character independently.
And yes, she's profited fromthat ruling, continuing to tour
(11:57):
across Latin America incharacter, appearing on
television and even launching abook about her life as La
Chilandrina.
Artemisa AI (12:05):
And, let's be honest, the fans were watching
every twist like it was a newseason of La Rosa de Guadalupe.
People took sides, debated whoreally owned these beloved
characters and poured love andsometimes legal analysis all
over social media.
Leticia Caminero AI (12:19):
This case goes beyond licensing.
It highlights a deep tension incharacter ownership.
What happens when the soul of acharacter is as much in the
performer as in the pen?
El Chavo del Ocho wasn't madewith CGI or billion-dollar
studios.
It was crafted with laughter,low budgets and
lightning-in-a-bottleperformances.
(12:40):
And when that magic turns intolegal claims, you realize just
how personal IP law can get.
Artemisa AI (12:47):
It's a telenovela wrapped in a lawsuit, with a
splash of childhood heartbreakand also a reminder.
Legacy media may belong tocompanies on paper, but in the
hearts of audiences thosecharacters may belong to the
actors who brought them to life.
The law just has to catch upwith the lave.
It also set important precedentabout what it means to
(13:09):
co-create a fictional personaand how law sometimes has to
catch up.
The lesson don't underestimatethe legal power of a pigtail.
Leticia Caminero AI (13:18):
What about a superhero who's not just
saving the day, he's also caughtin one of the messiest legal
webs in pop culture Spider-Man.
While Peter Parker may befriendly and neighborhood-based,
the rights to his characterhave been anything but simple.
Artemisa AI (13:34):
That's right.
Marvel sold the film rights toSpider-Man to Sony Pictures back
in 1999, at a time when Marvelwas climbing out of bankruptcy
and probably would have sold aweb shooter for cash For years.
Sony controlled the agreement.
The character, would appear,retained publishing and
merchandising rights.
Leticia Caminero AI (13:52):
Fast forward to the 2010s.
Marvel, now under Disney,wanted their web slinger back in
the Marvel Cinematic Universe.
Due to a tangled web ofnegotiations that resulted in a
historic agreement, thecharacter would appear in both
Sony and Disney's cinematicuniverses, with creative
collaboration across films.
But even that deal has nearlycollapsed more than once,
(14:17):
sparking public outcry and fanpetitions.
Artemisa AI (14:20):
And while fans fought with hashtags, the
lawyers fought with contracts.
At the heart of it, IP rights,character control and profit
sharing.
It's a clear example of how asingle character can be the
subject of split rights,overlapping ownership and
millions of dollars in licensingrevenue To make things even
juicier in 2021, the estate ofSteve Ditko, the co-creator of
(14:44):
Spider-Man, filed notices toreclaim rights under US
copyright termination provisions.
Leticia Caminero AI (14:51):
Disney responded with a lawsuit to
invalidate the terminationclaims, arguing that Ditko's
contributions work for hire.
That legal battle is ongoingand could influence how
character copyrights are handled.
Moving forward Moral of thestory.
Artemisa AI (15:07):
Even superheroes aren't immune to copyright
disputes.
With great IP comes greatresponsibility and a very
complicated contract.
Leticia Caminero AI (15:15):
And before we go.
How about a case that'selementary but not so simple?
When Enola Holmes hit Netflixin 2020, the estate of Sir
Arthur Conan Doyle filed alawsuit against Netflix,
Legendary Pictures and others,claiming copyright infringement.
Why?
Not because Enola existed, butbecause of how Sherlock was
(15:38):
portrayed.
Artemisa AI (15:39):
Yes, the detective with the hat, the pipe and the
ice-cold emotional detachmentsuddenly had feelings, and that
was the issue.
The Conan Doyle estate arguedthat earlier Sherlock stories
were in the public domain, butthe later ones, where Sherlock
shows empathy, warmth, evenaffection, were still under
copyright.
So the version of Sherlock inEnola Holmes was allegedly too
(16:00):
nice.
Leticia Caminero AI (16:01):
It wasn't about the mystery, it was about
the mistress emotions.
They claim the more humanizedSherlock was part of those final
copyrighted stories and thatNetflix portrayal borrowed from
those rather than the publicdomain material.
Artemisa AI (16:17):
A lawsuit over feelings In IP law Delicious.
Ultimately, the case wassettled in 2021, likely out of
court, but it raised a spicyprecedent.
Leticia Caminero AI (16:28):
Not all character traits are free just
because the character mostly isso, yes, even a raised eyebrow
or a brotherly hug can beprotected by copyright if it
only appears in later stories,still under protection.
Moral of the story.
When adapting classiccharacters, tread carefully.
(16:49):
Even the most famous minds infiction have IP baggage.
Artemisa AI (16:54):
And don't make Sherlock too soft unless your
legal team is rock solid.
Leticia Caminero AI (16:59):
So what do we learn today, class?
Here are a few takeaways fromour tour through the most iconic
fictional character cases.
One characters can outgrowtheir contracts, whether it's a
deleted scene or a live sketch.
Decades later, what performersbring to life may deserve
continued legal protection.
Two imitation is not alwaysflattery, especially when there
(17:21):
are millions or billions on theline.
If it looks like Pikachu orquacks like a Disney duck,
expect the losses to fly.
Three public domain doesn'tmean public decency.
The minute copyright expires,things get weird Horror pop by
anyone.
Four creative control matters.
Whether you're a global studioor a single actor, clarity in IP
(17:42):
ownership and licensing iseverything.
Five the law evolves slowly.
Content is constant, but legalsystems are still catching up.
That tension is where the mostfascinating IP battles are born
Exactly.
Artemisa AI (17:56):
These stories remind us that behind every
beloved character is a legallineage, and behind every catchy
catchphrase there's probably acopyright.
Leticia Caminero AI (18:06):
Thanks for joining us on this whirlwind
tour of cartoon courtroom combat.
We'll be back soon with morestories where fiction meets fact
and occasionally gets sued forit.
Artemisa AI (18:18):
Stay litigious my legends and remember if your
character wears boots, make sureyour legal case does too.
Speaker 2 (18:26):
Thank you for listening to Intangiblia, the
podcast of intangible lawplaying.
Talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,facebook, linkedin and Twitter.
(18:46):
Visit our websitewwwintangibliacom.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
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