Good friend-o-Blogcritics Dirk Deppey of the Comics Journal sends this in:
- In 1994, "Spawn" creator Todd McFarlane, laboring under criticism that he didn't know how to write, invited four comics creators (Dave Sim, Alan Moore, Neil Gaiman and Frank Miller) to write an issue apiece of Spawn for him. Writer Neil Gaiman introduced three characters in his issue which would go on to become intregral to the series, including one who went on to a miniseries and a place in the short-lived Spawn HBO animated series. There was no paperwork of any kind in effect; it was a handshake agreement.
Sometime later, Todd McFarlane purchased the "tangible assets" and intellectual property of a company called Eclipse Comics, which among other things published a series called Miracleman, originally written by Moore and later continued by Gaiman; these assets included the film plates from which the comics were printed, as well as a disputed share of the character itself.
Later, in an attempt to square things with Gaiman, McFarlane offered an even trade: the Miracleman plates and rights in exchange for the free and unfettered rights to the characters Gaiman created (plus royalties, et cetera). Gaiman agreed, and McFarlane shipped him the plates. With me so far?
Shortly thereafter, McFarlane filed for a trademark on Miracleman, announced his plans to publish it himself, essentially daring Gaiman to do something about it. McFarlane's success with Spawn had made him rich, and previous legal maneuverings left him with a reputation for making it rain lawyers when it suited him. Meanwhile Gaiman was just a comics writer; for the longest time, Gaiman looked pretty much screwed.
Then Gaiman had a best-selling novel. And a good bit of money. And a score to settle, and an old character to reclaim.
Yesterday, Neil Gaiman won all nine counts of a lawsuit against Todd McFarlane in a Wisconsin courtroom, potentially winning copyrights to portions of the Spawn milieu, and presumably a good chunk of change. Meanwhile, a sizable chunk of the comics-reading community is having a hearty laugh at McFarlane's expense.
The basic facts can be found here;
The court win is described here;
The laughter can be heard here.
Article comments
1 - Russ Fischer
This is good news, indeed.
In that last thread Eric linked, the comments to read are the ones by Steve Bissette, a fantastic artist who worked with Alan Moore on the Gaiman-inspiring, groundbreaking run of Swamp Thing in the 80's.
2 - michele
This is great news. McFarlane's day has come and gone. Hopefully he'll now have to sell that ridiculous piece of baseball memorabalia he bought.
3 - Dirk Deppey
The damages phase has concluded; the wrap-up can be found here:
http://www.icv2.com/articles/home/1890.html
4 - Dirk Deppey
Whoops! Let's try to make a nice active link out of that:
Click here.
5 - Russell Fischer
Thanks for the link, Dirk. Gaiman's proved himself to be either kind or smart (more likely both) in his handling of the damages award. Why is it that I have little doubt that, were positions reversed, Tood would have hit Neil with everything he had? Let's hope Todd realizes what Neil's given him and undertakes a deal to get the situation right this time.
6 - Bill Sherman
Nice to have a comics creator story actually ending on an up note . . .