Disney's Rights to Power Rangers from Toei, Copyrights, and Sublicensing of PR

[Tommy Lawson]

For those of wondering about why Disney can give the reversioned MMPR a comic book look as Dan Evans says he was requested to do, this largely explains it.

If you don't like the idea of a Power Rangers comic book by Disney (or Marvel now that they own it), you're just going to have to learn to live with it, because Paragraph 7 Part "B" from the original contract clearly gives Disney the power to do it, since subsequent contract agreements with Toei also use these same terms through the amendments added to the contracts over the years. I have put in bold the most important part of Paragraph 7 Part "B" from the MMPR Toei Saban contract.

(b) distribute, exhibit, lease, license, market, sell, publicize, advertise, promote, perform and exploit the Program, and all dubbed and other versions thereof and all elements, parts, characters, characterizations or character names therein, either apart from or in conjunction with the work, by way of All Media now known or hereafter devised, including, without limitation, by way of Television Use, Theatrical Use, Non-Theatrical Use, Video Cassette/Disc Distribution and Ancillary Distribution Use, including, without limitation, by way of soundtrack albums and phonorecords, music publishing, literary publishing, so-called "merchandising rights", amusement and theme parks, and musical groups

Also granted from the original contract were copyrights, which both Saban and Disney have used for Power Rangers over the years.

Also, you've probably heard talk from fans about Disney would ever consider selling Power Rangers, the same way Saban did by selling Fox Family Worldwide to Disney in 2001. From the original contract, that point is largely moot because of what Paragraph 12 from the original Saban/Toei MMPR agreement allows. That particular paragraph allows for the sublicensing of Power Rangers, meaning you can likely put aside any talk of Disney selling Power Rangers, because Paragraph 12 gives Disney the power to do what most of those thinking about Disney selling Power Rangers want - assign the rights to someone else. However, there is a huge difference between sublicensing out to someone else to produce Power Rangers for Disney (which keeps the Exclusive Option Period between Disney and Toei going), and selling the whole rights to "Power Rangers" entirely (which would sell these contracts, along with the Exclusive Option Period - something Disney very likely does not want to lose).

The thinking I have is that since they now own Marvel, they would sublicense Power Rangers out to them. At the time when we first heard this rumor of the licensing of PR to an independent company in July 2009, Marvel was still an independent company. Now, they belong to Disney. The only problem with sublicensing it to Marvel, is that, in 2009, they renewed a deal with Hasbro to continue to be the master toy licensee of Marvel properties until 2017. Of course, Bandai has been the Power Rangers master toy licensee since 1993, but the company has had a really rough fiscal year, and the more money Namco Bandai loses, the weaker that company becomes. It's hard to say Namco Bandai is a strong company right now when they're expecting to lose $340+ million this fiscal year. Here is the summary of the Licensed Rights, Copyrights, and Subdistribution paragraphs from the original MMPR Toei Saban agreement.

For reference:
"Program" is Zyuranger (or "Galaxy Rangers" as the contract calls it)
Licensor is Toei
Licensee is Saban
The original Toei Saban MMPR contract can be viewed here

7. LICENSED RIGHTS.
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Licensor hereby grants to SISI in the SISI Territory and SINV in the SINV Territory the sole and exclusive rights ("Licensed Rights"), under copyright or otherwise, during the Term, to: (a) adapt the Program to be suitable for exploitation in the Territory, including, without limitation, shooting new footage, adapting story lines and dialogue to accommodate Licensee's international version, and incorporating existing footage of the Program or other programs, all at Licensee's cost and responsibility and at Licensee's discretion, and of a quality which is at least equal to that of the original Program; (b) distribute, exhibit, lease, license, market, sell, publicize, advertise, promote, perform and exploit the Program, and all dubbed and other versions thereof and all elements, parts, characters, characterizations or character names therein, either apart from or in conjunction with the work, by way of All Media now known or hereafter devised, including, without limitation, by way of Television Use, Theatrical Use, Non-Theatrical Use, Video Cassette/Disc Distribution and Ancillary Distribution Use, including, without limitation, by way of soundtrack albums and phonorecords, music publishing, literary publishing, so-called "merchandising rights", amusement and theme parks, and musical groups; (c) cut, edit, alter, add to, subtract from, translate, dub in any languages and use outtakes of the Program (specifically including, without limitation, the right to substitute all or part of the music, effects and title). It is acknowledged that the music shall be replaced for creative reasons and that consideration for the creators of the original music is included in the License Fee; (d) include on the prints of the Program and trailers thereof and in all advertising and publicity related thereto: (i) Licensee's name, trademark, logo, presentation announcement and copyright notice; (ii) the designation of Licensee or any of its licensees as the distributor of the Program; and (iii) any additional credits in connection with any adaptation of the Program; and (e) use and license others to use Licensor's name and the name, voice, likeness and biographical material concerning all persons and characters appearing in or connected with the Program for advertising, publicity and trade purposes of Licensee and its licensees and any sponsors of the Program.

11. COPYRIGHT.
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Licensee is authorized (but not obligated) to take such steps as it may deem advisable to register copyright and protect Licensee's rights in the Program in the Territory and for such purposes Licensee is irrevocably appointed the attorney-in-fact of Licensor, such appointment being coupled with an interest. Upon Licensee's request, Licensor shall duly execute, acknowledge and deliver to Licensee any and all further assignments or other instruments which Licensee may deem necessary, expedient or proper to carry out and effectuate the purposes and intent of this Agreement.
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12. SUBDISTRIBUTION AND ASSIGNMENT.
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Licensee may freely assign this Agreement and may freely sublicense or assign any of Licensee's Licensed Rights in the Program, provided that no such assignment shall relieve Licensee of its obligations to Licensor hereunder. Licensor may not assign this Agreement or any of Licensor's rights or obligations under it.

[Alpha 5]

wow these documents that are turning up just cement what some fans have gathered all along...no more misty eyed wishful thinking lol

[arcadiarika]

That's rather interesting.

And hey, for some who want a Power Rangers comic book by Disney/Marvel, they might get their wish!

[RedJou]

It depends on how Disney will manage this.