Alan Dean Foster vs Mickey Mouse (Disney)

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1w Nov 20, 2020
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Alan Dean Foster, famous science fiction and fantasy author responsible for many of the early Star Wars novelizations (including erstwhile Star Wars sequel "Splinter of the Mind's Eye"), has alleged that he has not been receiving royalties for the sales of his Lucasfilm-related books after Disney's acquisition of the company.

What is Mr. Foster's precise claim?

How does it relate to what we know of the publishing of the books in question? Of the Disney acquisition? Of Mergers and Acquisition law?

And does any of that even matter if there is a contract somewhere which says Mr. Foster is owed money on the sales of his books?

Let's dive in.

This deal appears to be getting worse all the time...in Virtual Legality.

#AlanDeanFoster #Disney #DisneyMustPay


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Discussed in this episode:

"[Disney Must Pay] Alan Dean Foster"
SFWA Blog Post - November 18, 2020
http://www.sfwa.org/disney-must-pay/

"How do authors get paid?"
Society of Authors Blog Post
https://www.societyofauthors.org/Where-We-Stand/buying-choices/How-do-authors-get-paid

"Splinter of the Mind's Eye"
Wikipedia Entry
https://en.wikipedia.org/wiki/Splinter_of_the_Mind%27s_Eye

"Science Fiction & Fantasy"
Random House Website
http://www.randomhousebooks.com/genres/science-fiction-fantasy/

"Splinter of the Mind's Eye"
Amazon Page
https://www.amazon.com/Splinter-Minds-Eye-Star-Wars

"The future of Star Wars comics under Disney"
TGDaily - January 4, 2013
https://www.tgdaily.com/entertainment/games/68306-the-future-of-star-wars-comics-under-disney/

"DISCUSSING THE STAR WARS PUBLISHING LANDSCAPE WITH LUCASFILM’S MICHAEL SIGLAIN"
Star Wars Website - October 10, 2017
https://www.starwars.com/news/discussing-the-star-wars-publishing-landscape-with-lucasfilm-michael-siglain

"Disney to Acquire Lucasfilm Ltd."
Disney PR Release - October 30, 2012
https://thewaltdisneycompany.com/disney-to-acquire-lucasfilm-ltd/

"The Walt Disney Company Completes Lucasfilm Acquisition"
Disney PR Release - December 21, 2012
https://thewaltdisneycompany.com/the-walt-disney-company-completes-lucasfilm-acquisition/

The Walt Disney Company Quarterly Report
Period Ended December 29, 2012
https://www.sec.gov/Archives/edgar/data/1001039/000100103913000019/fy2013_q1x10qxdoc.htm

Agreement of Merger
December 17, 2012
https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=00826382-15756440

Limited Liability Coversion
December 18, 2012
https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=201235310073-15757969

Agreement of Merger
December 21, 2012 (surviving)
https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03513973-15773762

Agreement of Merger
December 21, 2012 (merged out)
https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03513973-15773871

"REGISTRATION RIGHTS AGREEMENT"
SEC Filing - Walt Disney Company - December 21, 2012
https://www.sec.gov/Archives/edgar/data/1001039/000100103913000019/fy2013_q1x10qxexh103xregis.htm

"Chapter 11. Merger"
2009 California Corporations Code - Section 1107
https://law.justia.com/codes/california/2009/corp/1100-1113.html

"SELLING YOUR COMPANY: MERGER VS. STOCK SALE VS. ASSET SALE"
Cooley Go Website
https://www.cooleygo.com/selling-your-company-merger-vs-stock-sale-vs-asset-sale/

Asset Purchase Agreement (sample; SEC filed)
https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm


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