After facing issues with their VFX artists and Anthony Mackie calling out the studio’s measures to maintain diversity, Marvel Studios has now found itself embroiled in a legal battle for copyright infringement. The lawsuit has been filed by the digital artist Darius Alas and alleges unauthorized use of his original two-dimensional digital graphic artwork for the Marvel project, Werewolf by Night.
Created by Michael Giacchino, the studio released Warewolf by Night as a TV special in 2022. Soon after its release, Alas accused the studio of replicating a wolf drawing he originally created for the hardcore band Born From Pain. He claimed that he attempted to communicate with Marvel and Disney regarding the matter, but his efforts were unsuccessful.
Marvel Sued By Digital Artists For Copyright Infringement
Darius Alas, a digital creator has claimed that Marvel Entertainment has unlawfully exploited his copyrighted artwork for promotional purposes without obtaining proper authorization. The lawsuit filed by the artist in the Southern District of New York, claims that the studio reproduced and distributed his artwork for the 2022 TV special, Warewolf by Night.
According to court documents filed on March 19, 2024, states that Alas has publicly displayed and marketed the artwork on various platforms. Claiming that his designs were accessible on multiple public platforms, he alleges that Marvel and its parent company, Disney, willfully copied and reproduced his artwork for financial gain. The court documents state,
“A comparison of the Subject Artwork with the Infringing Uses reveals that the elements, composition, colors, arrangement, and overall appearance of the works are substantially similar.”
Despite Alas’ attempts to address the issue by sending a cease-and-desist letter to Marvel and Disney on September 5, 2023, the defendants allegedly failed to provide a satisfactory response, prompting Alas to pursue legal action.
Marvel has been sued for copyright infringement
Artist Darius Alas says Marvel copied his art and used it in a poster for #WerewolfByNight pic.twitter.com/3l8Y8YwX1k
— Culture Crave 🍿 (@CultureCrave) March 21, 2024
Darius Alas seeks various forms of relief via his lawsuit, including injunctions to prevent further infringement, disgorgement of profits attributable to the infringement, damages for financial losses, and attorneys’ fees and “pre-judgment interest as allowed by the law.” Marvel has not said anything about the allegations so far.
Marvel’s Escalating Challenges Involving VFX Artists and Racism Controversies
Marvel Studios has been constantly facing challenges, with actor Anthony Mackie calling out the studio for racism and the VFX team highlighting issues surrounding workplace culture and working conditions. In 2020, Mackie, known for playing The Falcon and set to take on the mantle of Captain America in the MCU, spoke out about the need for diversity in the cinematic universe.
The actor shared that he has worked in seven Marvel films, the majority of whose crew included white people, but when it came to a film like Black Panther, it has the majority of Black crew. “That’s more racist than anything else,” he argued during a conversation on Variety’s Actors on Actors.
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In 2023, VFX artists at Marvel Studios filed for unionization under IATSE following concerns about workplace culture and working conditions. The move came amid the labor disputes in Hollywood. A team of 50 people reportedly signed the cards, as they stated their issues regarding long hours, lack of protections, and pay equity.
Werewolf by Night is available to stream on Disney+.
