Is Batman Legally Dead?

07/02/13 • 27 min

On this episode of Lawyer2Lawyer, J. Craig Williams chats with Entertainment Lawyer Michael Baroni and superhero-law expert James Daily about the ending of The Dark Knight Rises. Proceed with caution – there are spoilers ahead! The city of Gotham sees Batman die at the end of the film. Does that mean that Bruce Wayne is legally dead, as well? And if so, who gets the batmobiles? Legally speaking, Warner Brothers’ design patent on the batmobile will run out, as will their patent on the story. Will another company fill the role and bring back Batman?
• Baroni has been watching the Batman films since he was a kid and continues to be an enthusiast. Batman fan by night, he works as general counsel for Palace Entertainment by day. He is also a member of the Orange County Bar Association.
• Daily is co-author of the book The Law of Superheroes and the blog Law and Multiverse. Both publications discuss the hypothetical legal ramifications behind comic book characters and their powers. When James isn’t meticulously analyzing the law of comic books and characters, he works in intellectual property and patent law.
Tune in for, what Baroni describes as, the perfect “legal cocktail chatter” on the legalities behind Batman’s death, what he left behind, and the chances of a resurrection of one of America’s most beloved comic-book characters.
Special thanks to our sponsor, Clio.

Previous Episode

Personal Audio vs. Electronic Frontier Foundation: The “Podcast Patent” Dispute

Personal Audio’s founder Jim Logan created and patented an idea which, in his eyes, covers the concept of podcasting. “This is the story of the American inventor,” Richard Baker, Personal Audio’s vice president of licensing, says. Personal Audio has filed lawsuits against several podcasters and media companies, claiming patent infringement by popular programs such as NBC’s The Adam Carolla Show and by CBS for its podcast distribution of multiple shows including The Voice and Meet the Press. On the other side, The Electronic Frontier Foundation (EFF) has spearheaded a campaign dubbed “Save Podcasting!” to rescind Personal Audio’s patent. EFF’s goal is to revoke Personal Audio’s right to compensation from any podcast program. Daniel Nazer, a staff attorney working on the campaign, represents EFF on the program.
On this edition of Lawyer2Lawyer Bob Ambrogi and J. Craig Williams talk with Richard Baker and Brad Liddle, Personal Audio’s president of licensing, and Daniel Nazer of EFF to hear their thoughts on what defines a patent troll, the specifics behind the cases, and more.
Special thanks to our sponsor, Clio.

Next Episode

Post DOMA and Prop 8 Rulings: The Next Move for Gay Rights

With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Thanks to our sponsor, Clio.