Copyright matters may not be a priority while the world is gripped by a major pandemic and by civil unrest in the US (with global protests expanding to the rest of the world) in the wake of the killing of George Floyd in Minneapolis almost three weeks ago, and after a new violent episode involving another black man, Rayshard Brooks, 27, shot dead on Friday night in Atlanta by the police over reports he had fallen asleep in his car in the drive-through line of a local restaurant. Yet there has been a story in the news that is connected with the American police forces and with copyrights as well.
It regards the symbol of the Marvel character The Punisher that has turned into the unofficial symbol for Blue Lives Matter, an organisation sharing the same initials of the Black Lives Matter movement, and supporting police officers.
Though only some officers have been using the distinctive skull with dripping teeth logo accompanied by the "Thin Blue Line" American flag, there are quite a few images online of members of the police forces wearing the logo on their bullet proof vests or of stickers and decals with the logo applied on patrol cars.
In 2017, the police department in Solvay, New York, actually refused to remove the logo from its vehicles when citizens requested to do so (the police department highlighted in that case they wanted to show how they stand between good and evil). In the same year the Catlettsburg Police department in Kentucky was criticised when it branded vehicles with Punisher decals and the slogan "Blue Lives Matter" and was forced to remove them.
Besides, in October 2019 a police officer wearing the logo was spotted at a public meeting of Dallas' Community Police Oversight Board, and there have been reports about the skull appearing on the uniforms and riot gear of officers patrolling cities during the anti-racism protests that have been taking place after the death of George Floyd.
Comic creators - among them Mags Visaggio (Vagrant Queen), Matt Wilson (Supreme Villainy), Eric Palicki (Dead Beats), Kat Verhoeven (Meat and Bone) and Gerry Conway, who co-created the character of Frank Castle, a Marine veteran of the Vietnam War who becomes The Punisher after witnessing his family murdered by the Mob, with artists John Romita Sr. and Ross Andru - complained on social media and asked Marvel to sue those police officers that use the Punisher logo.
Conway, whose father was a policeman and whose uncle was captain of the academy of New York City, disagrees with the police officers using the logo and finds this disturbing.
The Punisher isn't indeed a hero, but a brutal and aggressive anti-hero, he is a social failure and the embodiment of a failed justice system. Besides, he threats, tortures and kills, techniques that seem to be used by the American police forces, especially against the black community, as proved by multiple incidents occurred throughout the decades.
So wearing a patch or carrying a keychain with the Punisher logo seems to hint at the fact that the wearer supports the same behaviour of that comic book character, and it would be an oxymoron, considering that a force that should respect the law, is instead embracing the modus operandi of an outlaw and a criminal.
Even in the comic book (The Punisher #13), the main character expressed his views on the police. The main character states indeed about police idolising him: "I'll say this once. We're not the same. You took an oath to uphold the law. You help people. I gave all that up a long time ago. You don't do what I do. Nobody does. You boys need a role model? His name is Captain America, and he'd be happy to have you."
In reaction to the use of this logo, some have taken to social media calling on Disney (that bought Marvel in 2009 and that recently announced they are donating $5 million to social justice organisations, starting with $2 million to the National Association for the Advancement of Colored People) to send cease and desists letters for the misuse of The Punisher logo and sue the police departments that keep on using it.
Marvel never gave permission to police departments to use the logo and, according to reports the lawyers of Marvel and Disney repeatedly sent letters to departments about this matter. Yet you can't actually stop someone from wearing something like a patch or a pin that they may have legitimately bought from a brick and mortar store or online, so legal action can't be taken against the final wearer, but it could be taken against the officers if they sold such merchandise with the logo.
At the same time there is a way to stop the circulation of the manipulated Punisher skull logo: action could be taken against the manufacturers of the product or against the vendors and distributors selling items such as stickers, badges and patches online.
Specific sites could indeed be asked to remove such products (that are currently available on Amazon, Etsy and ebay, quite often accompanied by the words "patriotic" and "gift for a cop"). Manufacturers and vendors may find it difficult defending themselves from copyright infringement accusations as most of these products are accompanied by titles that contain the words "The Punisher", clearly indicating the product is inspired by the comic book character and it is not just a coincidence (mind you, The Thin Blue Line USA company was actually smart enough to describe a bundle containing a flag, cap and vehicle emblem with The Punisher logo simply as "Skull Bundle", so they are actually aware of copyright infringement...).
Will Disney take legal action? Time will tell, but in the meantime other people are taking action: Demonte Price, a young African American artist, created in collaboration with Gerry Conway a Black Lives Matter / Punisher T-shirt. All funds raised by the sale will got to the Black Lives Matter movement.
"In addition to this going towards a great cause that I'm passionate about as it concerns the futures of young African American men and women like myself, I felt this was a greater opportunity to work with one of my personal favorite writers", Price states on the site selling the T-shirt. Conway added: "For too long, symbols associated with a character I co-created have been co-opted by forces of oppression and to intimidate black Americans. This character and symbol was never intended as a symbol of oppression. This is a symbol of a systematic failure of equal justice. It's time to claim this symbol for the cause of equal justice and Black Lives Matter." Looks like, while the law in this case may be slow at sorting the matter, ordinary people can actually make a difference and return the logo to the comic book universe where it belongs while actually helping a good cause.
Comments