Who Owns the Movie Rights to Scarlet Witch and Quicksilver? Legal Source Says it's Probably "First Come, First Serve"

Writer/director of The Avengers and The Avengers Sequel, Joss Whedon, opened up a world of debate and discussion at the Iron Man 3 premiere on Wednesday night when he hinted about two new additions to The Avengers Sequel.

"I've got these two characters, two of my favorite characters from the comic books." Whedon said. "A brother/sister act. They're in the movie, that's exciting."

It's obvious to think that Whedon was talking about Magneto's kids, the Scarlet Witch and Quicksilver. But wait... wouldn't their movie rights be under Fox's umbrella since they have all-things X-Men? Yes and no. Marvel Studios president Kevin Feige has addressed this question, somewhat, in the past.

"It's a little complicated," Feige said about the rights for the brother/sister combo, in early 2012. "If they want to use them in the X-Men movies they could, if we want to use them in the Avengers movie we could."

Adding on to Feige's quote, we here at The Daily SuperHero took it upon our self to get a better answer regarding this dual ownership of movie rights. So we went to a legal entity, who wanted to remain anonymous, who is an expert in legal matters of intellectual property (also known as IP).

"Without being able to read the actual documents of the movie rights deal between Marvel Studios and Fox, I can only base my opinion on the information provided by Mr. Feige," said the legal source. "In my past experience when IP floats between two companies like this, and either can use them, it all boils down to first come, first serve."

To further clarify the legal source, both Marvel Studios and Fox can use the Scarlet Witch and Quicksilver on the big screen right now but whomever uses them first can move forward with those characters, while the other company cannot.

"One other thing, we're talking about the largest entertainment company on the planet [Disney] and since they own Marvel Entertainment and, I assume, have more money than Fox does... the mouse wins this one," the legal source concluded.

So there you have it. Marvel Studios and Disney may have been sharing the movie rights to Scarlet Witch and Quicksilver but if Whedon's hint at the Iron Man 3 premiere is true, then Fox cannot touch the brother/sister duo now.

Legal Disclaimer per the request of our legal source: This information has been provided by a legal entity who clearly stated this is only advice on the matter and not a clear cut answer to who owns the movie rights to these characters since the documents of the deal cannot be accessed and read.

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