Previously on X-Men: The X-Men '97 Theme Song's History

Why is the X-Men: The Animated Series theme song being sued, and what effect might this have on the MCU?

Few musical motifs can match the X-Men: The Animated Series theme song in terms of bringing back the exhilaration of first falling in love with superheroes as a child of the 1990s. A gloriously metal dash to battle with an outro riff right out of early Daft Punk and a ton of high hats, the X-Men theme is one of the ’90s most memorable themes. This is a decade full of classic intros (Power Rangers, Ducktales, Darkwing Duck, Pokemon, etc.). The envious Neal Peart. The tune has been brought back to prominence 30 years after its original release thanks to two recent MCU films (Doctor Strange in the Multiverse of Madness and Ms. Marvel) as well as the upcoming X-Men ’97 revival.

But in recent years, the composition of the theme has courted controversy in the form of a copyright complaint in 2019, raising concerns about the song’s origins, background, and role as a key element of the Marvel Cinematic Universe’s inclusion of the X-Men franchise. As the earworm’s importance in pop culture grows with each new MC clue, it is also important to consider how the song is attributed and whether it is correctly linked to its author.

The X-Men animated theme song was created in the documentary Mutant Genesis

Before “Night of the Sentinels, Pt. 1” made its debut on October 31, 1992, composer Ron Wasserman created a number of theme songs for Saban Entertainment, including the well-regarded X-Men animated series theme song and the Slayer-meets-Megazord theme song for Mighty Morphin Power Rangers.

Wasserman cites Ron Kenan, the company’s former head of music, as the source of his inspiration for the X-Men at the time: “In this case, Ron had the notion to adapt a bass line from a song he had produced. Although it’s a little fuzzy, I’m positive that the bass groove motivated me to develop the remainder of the theme.

The X-Men ’92 theme music had to be invented; unlike a mutant skill that just manifests during adolescence, it wasn’t a product of the animated series’ genetic markings. The song was entirely written by Wasserman, who continues, “I exclusively work alone. My mind becomes so overloaded with ideas that every interruption from a person or a phone causes me to lose my focus. I had mastered the ability to play any instrument by the time X-Men was created, so I could have played every role. It’s just me, a computer, and a MIDI keyboard.

Wasserman started to understand more of the significance of his work as series viewers grew older and took the time to consider their satisfaction. “I first started receiving emails and comments detailing how viewers felt about the topic roughly 15 years after the show first aired. Like with my prior work, I was incredibly flattered and grateful to have had any impact on anyone. Just my day job, really.

Similar to how Wasserman feels about the song’s present status in the MCU, “This blows my mind. It’s that easy. It’s great to have invented something that, so many years later, is experiencing a small rebirth.

Alleged Copyright Violations: Dark Secrets

A complaint was filed in 2019 alleging that the X-Men: The Animated Series theme tune stole music from the Linda television series from the 1980s in Hungary. Fans have arguably heard melodic similarities between the theme tune and other songs before, such as in Whitney Houston’s “I’m Your Baby Tonight” and La Bouche’s “Be My Lover,” but this is the first extensively published lawsuit associated with the song.

The plaintiff, Zoltan Krisko, who bought the rights to the Linda theme in 2013, claimed that he could show copyright infringement because the two melodies were so eerily similar. Krisko did this by naming all significant parties associated with the X-Men franchise as defendants, including Marvel Entertainment, Disney, Fox, Amazon, Apple, Ron Wasserman, Shuki Levy, and Haim Saban (co-founders of Saban Entertainment). (Krisko could not be reached for comment).

Despite the striking similarities between the two songs, armchair analysis at the time expected enormous challenges in establishing copyright infringement of an obscure theme composed in Hungary and a well-known theme composed in California. Such cases are frequently challenging to win, according to Jeff Trexler, interim head of the Comic Book Legal Defense Fund. Many wouldn’t even stand up to a motion to dismiss for lack of a claim.

The defendants’ petitions to dismiss the lawsuit were partially granted and partially denied by New York District Judge Gregory H. Woods in July 2020, therefore this obstacle did not prove insurmountable. Judge Woods stated that Ron Wasserman could be taken off the list of defendants but that the case could still proceed in a decision that was dripping with X-Men allusions (my personal favorite: “A complaint need not be as solid as adamantium to survive a motion to dismiss”).

Because the New York district lacks jurisdiction over Wasserman’s songwriting in California, the lawsuit is primarily dismissed on Wasserman’s motion to dismiss, and Judge Woods is visibly irritated that “Krisko was not diligent in choosing a proper forum for his case.”

Regarding the lawsuit’s current state, Wasserman states, “All gone. Over. I got cut out of it right away.

The action is mostly dismissed based on Wasserman’s motion to dismiss because the New York district lacked jurisdiction over Wasserman’s songwriting in California. Judge Woods is obviously irritated because “Krisko was not diligent in choosing a proper forum for his case.”

According to Wasserman, the case is currently “all gone. Over. I was immediately removed from it.

It should be made clear that this is not a decision on whether a copyright violation actually occurred, but rather an acknowledgment that the case is plausible enough to be taken further.

Following this decision, the litigation was finally resolved in January 2021, with the court order containing only a few brief details of the settlement. The legal departments of Marvel and the company were likely sufficiently appeased by this measure to permit the revival of the X-Men animated theme tune this year without concern for repercussions. “The settlement specified dismissal with prejudice — Any attempt to revive the suit elsewhere would be challenged and dismissed on collateral estoppel grounds,” claims Trexler.

As always, a different plaintiff could make a comparable claim. “This holds true among the parties. They could still try if there was another plaintiff with a strong legal claim, according to Trexler.

Like a Phoenix, reborn

The theme song’s riff has already been utilized twice in 2022 by the Marvel Cinematic Universe to emphasize the first mutant appearances or mentions since Disney’s acquisition of Fox in late 2017 (the merger wasn’t formally finalized until March 2019). The first occurred when Sir Patrick Stewart made his comeback in Doctor Strange in the Multiverse of Madness as Professor Charles Xavier. The second was more shocking and occurred in the series finale of Ms. Marvel on Disney+ when Bruno said to Kamala Khan, “There’s something different in your genes… like a mutation,” and then delivered an unobtrusive quick-fire righteous lick.

While the Doctor Strange in the Multiverse of Madness moment sparked speculation that this version of Professor X might originate from the animated X-Men universe, it is possible that this song will serve as the anthem for all future depictions of mutants given that Kamala in the MCU is implied to be a mutant rather than an Inhuman like she is in Marvel Comics.

In any case, the song is referred to as the X-Men ’97 theme and was written by Haim Saban and Shuki Levy. It’s understandable that Wasserman might want his name in the credits instead given the long-standing controversy over creative credit in the comic book industry, but he seems content. Working at Saban was like receiving compensation for attending college. For everything their songwriters wrote, Haim and Shuki claimed complete ownership, rights, and compensation. They were honest about the agreement right away. I wrote a ton of material for them throughout three of my six years there. Since I departed in 1995, every project has given me the necessary credit.

The song finally seems to be controversy-free after a few turbulent years and is ready to score the tremendously thrilling introduction of mutants to the Marvel Cinematic Universe. Thus, the renamed X-Men ’97 theme’s legacy endures, having been brought back to life like a Krakoan for what seems to be a crucial part of the MCU.

When asked if he will be a part of the impending X-Men ’97 reboot, Wasserman responds, “No. But I would adore to take part. In September, I’ll begin calling my contacts to find out what Marvel is planning.

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Previously on X-Men: The X-Men ’97 Theme Song’s History

The X-Men animated theme song was created in the documentary Mutant Genesis

Alleged Copyright Violations: Dark Secrets

Like a Phoenix, reborn

Tom

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The X-Men animated theme song was created in the documentary Mutant Genesis

Alleged Copyright Violations: Dark Secrets

Like a Phoenix, reborn

Tom

Leave a Reply Cancel reply

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