2.b(ii)
New Characters. Each and all of the following (“New Character(s)“):
2.b(ii)(A) Each fictional character, place, structure, business, group or other entity or element that first appears in a New Authorized Work (other than a Team Up Work and/or the property entitled
Immortal Weapons -- Bride of the Nine Spiders”) that:
(1) Has in its title or is branded with the name or likeness of “Spider,” “Spider-Man,” “Peter Parker” or any Spider-Man Subsidiary Character, provided that the depiction of “Spider-Man,” “Peter Parker” or any Spider-Man Subsidiary Character on the cover of or in any Authorized Work shall not constitute being branded for purposes of this Section 2 of the Agreement if (x) the name or likeness of one or more other Major Marvel Characters not included in the Property also appear in relatively equal or greater size and prominence on the cover of or in such Authorized Work (
e.g., a Team-Up Work); or
the relevant Authorized Work is clearly titled or is branded in the name of a Prominent Marvel Character that is not included in the Property (
e.g., a “Hulk” comic book); or
(2) Is a New Authorized Work in which the main protagonist is Spider-Man or any Spider-Man Subsidiary Character, provided that this clause will not apply if (x) the name or likeness of one or more other Major Marvel Characters not included in the Property also appear in as relatively equal or more prominent main protagonists in such Authorized Work (e.g., a Team-Up Work); or the relevant Authorized Work is clearly titled or is branded in the name of a Prominent Marvel Character that is not included in the Property (e.g., a “Hulk” comic book).
A New Authorized Work that meets the requirements of this Section 2.b(ii)(A) is a “Qualifying New Authorized Work.”
2.b(ii)(B) Any fictional character first appearing in a New Authorized Work that: (1) shoots spider-webs; or (2) has the word “spider” in its name; or (3) has a spider image on its costume; or (4) has a spider-web image on its costume; or (5) has a costume that a reasonable member of the general public would recognize and identify as an Approved Costume of the Spider-Man character as set forth on Schedule 4, Paragraph (a) or (b) or the costume of the Spider-Man Character that appears in a Qualifying New Authorized Work; or (6) derives his/her powers from the Spider-Man Character either as an inherited biological trait or through biological material or takes such powers from the Spider-Man Character through other means (
e.g., through black “symbiote” suit which takes on the powers of the Spider-Man Character and allows anyone who wears it to use such powers), as set forth in the origin story of such character. For the avoidance of doubt with respect to clause (5) the parties acknowledge that the simple functional elements of a superhero costume such as spandex, boots and capes would not, in and of themselves, make a costume recognizable as a Spider-Man Character costume.
2.b(iii)
Origin Stories. The origin story (or stories) and all secret identities, alter egos, powers, costumes, equipment and other elements of, or associated with, the Spider-Man Character, each Spider-Man Subsidiary Character, and each place, structure, business, group or other entity or element included in the Property, as set forth in any Authorized Work in which they appear.
2.b(iv)
Underlying Materials. All literary, dramatic or other material or copyrighted works of any nature on which any Authorized Works are based (but only to the extent necessary in order for SPE’s exercise of its Rights in the Property not to constitute an infringement of any material(s) upon which any of the Authorized Works may be based); and
2.b(v)
Individual Storylines. Subject to confirmation by Marvel that it owns or controls any necessary rights, the plots, storylines, scenes, incidents and other elements of each Authorized Work in which the Spider-Man Character or any Spider-Man Subsidiary Character appears. Marvel shall respond to SPE’s request for such confirmation with respect to a specific Authorized Work within ten (10) business days following SPE’s written request.