Does that Marvel policy allow the swipers to swipe from a Marvel comic as the copyright belongs to Marvel?

I think it might, certainly from the point of view of copyright. However, the line about the art being derivitive and having gone too far could be cited as a general catch all policy.

QUOTE: Anyone else find it funny that the Marvel employee who wrote that letter has a last name of "Bogart"?

Now that you mention it, yes.

I'm surprised to the see the letter is not dated.

edited

" This gives Marvel the ability to say that they had every reason to believe that the work was in fact original."

Formally, yes. But if they think that letter will protect them in an actual lawsuit ...

The swiped works have been publically commented on, and it's on a title (Daredevil) that the editor in chief himself regularly (sort of) contributes to. Mack has even "imitated" Quesada on certain sequences. Any "wall" they think they've erected by that letter is effectively pierced.

It's more likely that Marvel is gambling that no-one affected by the swiping is willing to go to the expense of suing them (aside from the cost of hiring a lawyer, there's not much money to be gained -individually- in a win and there's the cost of being blacklisted by Marvel - a virtual guarantee.)

The letter is just a PR thing so that every time the issue of swiping comes up they can say they have a strict policy against it. (Albeit only in theory, certainly not in practice.)

Edit:

I think what should be done is challenge DC and Marvel (as lead publishers, with others possibly following suit) to voluntarily enter into a "no-swiping" contract with the readers whereby every time someone catches one of their artists swiping for a book, the company has to pay a "fine" to some comics-related aid organization like The Hero Initiative (is that still the name?). Origin recaps and story recaps etc. would of course be exempt. But in order to enforce a "no-swiping" rule it has to be the company that pays. Strictly on a volunteer basis, you understand. To show that they're serious.

Wouldn't that M***** letter effectively END Greg Land's career?

MPH