Disney and Marvel sued by artist over Werewolf by Night poster
Disney and Marvel hit with copyright infringement suit over graphic artwork | Claims the pair used the art without consent in a TV special promotion | Adds to Marvel and Disney’s existing legal disputes with writers and artists.
Disney and Marvel Entertainment are facing a lawsuit from a graphic artist, who claims his artwork was infringed during the promotion of Werewolf by Night.
Two-dimensional digital artist Darius Alas filed the suit in the US District for the Southern District of New York, accusing the mass media giants of using his original artwork in the promotion of Werewolf by Night, on March 19, 2024.
According to the suit, Alas had publicly displayed and distributed the artwork on various online platforms and licensed it for use on merchandise by a musical act.
It was alleged that Disney and Marvel had access to Alas' artwork through these publicly accessible channels and authorised retailers.
The complaint included side-by-side comparisons, demonstrating the similarities between Alas' artwork of a werewolf face and the allegedly infringing materials used by Disney and Marvel.
The complaint also outlined Alas had allegedly issued a cease-and-desist notice to the defendants in September 2023, however, the unauthorised use of his artwork continued.
Alas sought relief for copyright infringement, demanded injunctions against further unauthorised use, a portion of profits gained through the alleged infringement, monetary damages, and reimbursement for legal expenses.
Marvel and Disney
Marvel has found itself entangled in a series of legal disputes in the past, as writers and artists wanted to reclaim copyrights for some of the company's iconic characters.
In response to a wave of lawsuits, Marvel initiated countersuits in September 2021 against a group of former Marvel contributors in an attempt to retain control over characters including Spider-Man, Iron Man, and Thor.
Marvel filed five lawsuits in both New York and California after notices of termination were submitted to the US Copyright Office earlier in the year by the estates of artists and writers associated with Marvel.
The termination notices aimed to revoke Marvel and Disney's authority to licence and renew copyrights related to comics authored by former Marvel creators.
Marvel's countersuits primarily target the estates of these former contributors, including a lawsuit filed against comic writer Lawrence Lieber, the brother of the late Stan Lee, former Marvel Comics editor.
Alas is represented by Scott Alan Burroughs and Mackenzie Paladino from Doniger / Burroughs.
