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32 Loy. L.A. Ent. L. Rev. 121 (2011-2012)
Comics, Courts & Controversy: A Case Study of the Comic Book Legal Defense fund

handle is hein.journals/laent32 and id is 127 raw text is: COMICS, COURTS & CONTROVERSY: A CASE STUDY OF THE COMIC BOOK LEGAL DEFENSE FUND Marc H. Greenberg* Cartoons and comics have been a part of American culture since this nation's formation. Throughout that lengthy history, comics and cartoons have also been a subject of controversy, censorship, legislation, and litiga- tion. They have been viewed as a threat to society and a cause of juvenile delinquency; they are scandalous, indecent, and obscene. The Comic Book Legal Defense Fund (CBLDF), a New York-based non-profit organiza- tion, provides legal defense for comic artists, collectors, distributors, and retailers who face civil and/or criminal penalties for the creation, sale, and ownership of comics, cartoons, graphic novels, and related works. The Introduction to this article charts the history of the comic art form and, in particular, its history in the United States. This section offers a summary of the first efforts to restrict the content of comics via investiga- tions and Congressional hearings fueled by the dubious psychology and so- cial science theories of Dr. Frederic Wertham. These theories offer an ex- ample of the kind of misguided fears that currently augment attacks on the comic art form today. Finally, the Introduction explains the origin of the CBLDF due to the prosecution of a comic storeowner. The second section of the article provides a detailed discussion of Mavrides v. Franchise Tax Board. In Mavrides, comic creator Paul Mavrides, co-author of the notorious underground comic The Fabulous Fur- * Marc H. Greenberg is a Professor of Law and Co-Director of the Intellectual Property Law Center at Golden Gate University School of Law. Various iterations of this article have been pre- sented at the Intellectual Property Scholars Conferences in 2008, 2009, and 2011, and the author thanks the participants in those conferences for their critiques and commentary. In-person inter- views with CBLDF Founder Denis Kitchen, CBLDF Executive Director Charles Brownstein, and artist and plaintiff Paul Mavrides offered invaluable insights in the development of this work. The tireless efforts of dedicated research assistant Julia Harris must also be acknowledged with thanks. The research grants afforded by Golden Gate University School of Law were also vital to the completion of this work, as was the critical feedback received from Associate Professor Wil- liam Gallagher. This article is dedicated to my wife Kim Munson, author and art historian, for her inspiration and assistance in locating resources focusing on the history of comics.

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