Science Fiction and Fantasy Writers of America (SFWA) has joined the Authors Guild, Inc., the American Society of Journalists and Authors, the National Writers Union, Novelists Inc., the Society of Children's Book Writers and Illustrators and the Text and Academic Authors Association on an amici curiae brief defending the right of Captain America creator Joseph H. Simon to reclaim his copyright.

In 1939, Simon gave created Captain America, one of Marvel Comics' most famous characters. Today, Simon wants to buy back the rights to his creation.

Marvel Characters, Inc. seeks to retain the remaining 39 years of its 95-year term copyright to the Captain America properties, despite Congress's directive that authors be allowed to terminate a grant of copyright after many years no matter what they might earlier have agreed to sign away.

Simon notified Marvel of his intent to reclaim the Captain America copyright in 1999. Two months later, Marvel filed suit against Simon, claiming that he has no rights at all to Captain America.

This summer, Marvel Characters, Inc. vs. Joseph H. Simon will be tried in United States District Court in New York.

The full text of the brief is available at http://www.ninc.com/positions/amicus.asp.

Posted June 15, 2001