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28 April 2015Copyright

Comic book creators allege copyright chink in 'Iron Man’s' armour

Marvel has been hit with a lawsuit after two comic book creators claimed the mechanised body armour costume worn by the “Iron Man” character in the film franchise infringes their copyright.

The lawsuit was filed at the US District Court for the District of Massachusetts.

According to the complaint, Ben and Ray Lai of Horizon Comics created a series called “Radix”, a story focused on the one remaining city in the world that is trying to combat a mysterious force that has annihilated the rest of the human population.

The men have previously specifically referred to the design of the body armour worn by the Iron Man character, saying it is too similar to the main character in “Radix”.

Three issues of the comic were published between late 2001 and early 2002.

According to the lawsuit, the men were hired by Marvel after submitting their work to the company, but did not hand over the rights to the story.

They both left Marvel in 2003 but have claimed that the company went on to use copyright protected elements from “Radix” in the Iron Man films.

In 2013, Horizon sent a cease-and-desist letter to Marvel requesting that it stop using any material for promoting “Iron Man 3” that infringed their copyright.

But both parties were unable to resolve the dispute, prompting Horizon’s lawsuit, filed on April 23.

Horizon alleged that the “mechanised body armour appropriates the copyrighted artistic work of the plaintiff without authorisation and attribution” in the “Iron Man” films.

“Iron Man” first appeared in comic book form in 1963, and up until the release of the first film in 2008 he was, according to the complaint, typically depicted wearing “simple spandex-like attire and minimal armour”.

According to Horizon, the new costume plays an integral role in the plot of the films, which have generated $4 billion in revenue since the first film was released in 2008.

“The suits—both their development and the effects they have on their wearers and humanity at large—are essential elements of the ‘Iron Man’ plots,” the court document claimed.

Horizon is requesting that the court find Marvel liable for wilful infringement and that an injunction be granted preventing the release of any more allegedly infringing material.

A spokesperson for Marvel told WIPR: "We see no merit in the claim."

Jeffrey Wiesner, of counsel at law firm Shapiro Weissberg & Garin and representing Horizon, did not respond to a request for comment.

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