Pretty amazing. Todd McFarlane who, according to recent court decisions does not own the copyright to Miracleman, is taking the fingers-in-ears, la la la I’m not listening approach. He’s soliciting a Miracleman statue and is ostensibly casting about for writers for a new series on a property that either he doesn’t own outright or, at the very least, shares copyright on.
Because, y’know, judges just *love* it when people act like legal decisions haven’t been made. That’ll help tons on the appeals as he does everything he can not to treat Neil Gaiman with respect.
PAD
UPDATED COMMENT–I just saw a picture of the statue. It looks like Miracleman is staring at his right hand in horror after a door slammed on his fingers and broke them.
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I look forward to Neil winning in court again–and then maybe seeing MM’s story resolved the way Neil intended.
Maybe I’m remembering it wrong, but I thought the court case had nothing to do with Miracleman (as much as fans would have liked it to be otherwise) and was about moneys owed and ownership of the characters Neil created in Spawn. At one time, they were going to exchange rights for rights, but that deal went through. Of course, I could be wrong.
Maybe Todd is just really an evil minion of the Devil, sent to the land of the living to disrupt harmony in the comic book world. Of course if that were true, it might mean the Devil has a sense of humor.
The court case _is_ a somewhat muddled affair. Among the things involved is, indeed, ownership of the Miracleman rights, because a basic tenet of Gaiman’s grievance is that he was to have been paid for creating Angela and Medieval Spawn by Todd’s ceding the rights.
So yes, they’re still tangled. And yes, McFarlane has a jaw-dropping disregard for anybody’s authority but the voices in his own head. There but for the grace of God goes Leifeld…
My own understanding was that the court case in no way involved who owned the rights–entire or partial–to Miracleman. The fact that Todd had stated in public (and I think in writing) that he was willing to trade his rights to Miracleman for the rights of Angela, Cagliostro, etc. was only used as proof that he was FULLY AWARE that he did not own the entire rights and that he owed Neil something.
Who owns Miracleman is still to be decided.
Alan
On top of everything else, the statue looks like CRAP! If there is any justice in the world at all Todd will be stopped before he can ruin MM.
Fazhoul
KC is correct. The Miracleman rights are still fuzzy (at best), but Gaiman gave up any claim to them as a result of his suit. Instead, he reverted to his earlier agreement with McFarlane. This was a smart move on Neil’s part because (1) it’s unclear if Eclipse had any rights to Miracleman to sell to McFarlane in the first place and (2) at this point if Neil still wants to swap his ownership of Angela, et. al., for Miracleman, his bargaining position is stronger.
The jury’s decision made it an either-or for Gaiman, and he chose to return to the original status quo, retaining his part ownership of some of Todd’s prize properties. The Miracleman swap, legally speaking, never happened.
Ironically, this means McFarlane again thinks he can do whatever he wants with Miracleman.
C’mon, guys… what kind of disguise is that? Anyone will just say, “There goes the incredible Hulk with a fin on his head!”
Hey, PAD…why don’t you submit a MM proposal? I’m sure you would be McFoo’s top choice. 🙂
“KC is correct. The Miracleman rights are still fuzzy (at best), but Gaiman gave up any claim to them as a result of his suit. Instead, he reverted to his earlier agreement with McFarlane.”
I don’t recall it that way. My understanding was that as part of the original agreement, McFarlane was to give up any claim that *he* had to Miracle Man in exchange for Gaiman giving up any claim to the characters he created for the Spawn-iverse.
It had nothing to do with the (IMO) legit claims that Gaiman has to Miracle Man.
As a result of the court decision, they each now claim some amount of ownership of the other’s property.
I’m pretty sure that Gaiman chose this outcome because it gives him a much stronger point of negotiation for any further talks with McFarlane.
Eschel
The thing is that under US copyright law if he shares the copyright he can still produce a derivative work as long as he pays an appropriate share to the other copyright holders. Given his track record all they’d have to do is sue him repeatedly to get it.
I’m really hoping that Neil’s 1602 helps to provide a big enough war chest to get the whole mess sorted out.
<>
Let me put it this way: In taking the option he did following the trial, Gaiman gave up any claim he had to the Miracleman rights McFarlane may have purchased from Eclipse. So, McFarlane still has whatever he may have purchased. Any other claim to the character Gaiman may have is another matter.
I believe Mr. Gaiman has a company with a few others that holds any “rights” they may own to MM. I thkn he may mention it in his blog somewhere- but I am on my way out the door and dont have time to runa check.
There was a contract in 1997 (this was the rights swap of Gaiman’s interests in Medieval Spawn and Cagliostro for McFarlane’s interest in Miracleman, plus setting royalty percentages for all uses of Angela and allowing “one-off” projects using the characters).
http://www.icv2.com/articles/news/1883.html
Prior to the trial, Gaiman and McFarlane had stipulated that if it were determined that Gaiman had copyright interest in the three characters that one of his options would be to keep his interest and determine how much he was owed by McFarlane’s companies by an audit of all uses of the creations in which Gaiman has a share.
…………………………
Threatened with forever sharing the rights to Medieval Spawn, Cagliostro, and Angela, characters that have taken on significant roles in the Spawn universe, McFarlane may be willing to cut a deal better than the one Gaiman could have enforced, and without all of the accounting issues that will otherwise have to be resolved.
What will Gaiman ask for in a deal? He’s still likely to ask for the rights to Miracleman as part of any settlement. He’s made it clear that he wants to acquire unencumbered rights to the property, reprint the old issues, and create new materials (see “Marvel Snags Neil Gaiman”). Gaiman created Marvels and Miracles LLC, one of the plaintiffs in the suit, to own and manage the rights to Miracleman, and has promised that after creators are compensated, proceeds will go to benefit two favorite industry charities — the Comic Book Legal Defense Fund and ACTOR. It seems unlikely that he would not pursue that goal now.
http://www.icv2.com/articles/news/1890.html
http://www.icv2.com/articles/news/1890.html
“Gaiman decided to keep his copyright interest in characters he created for Todd McFarlane’s Spawn comic–Medieval Spawn, and Cagliostro–rather than seeking breach of contract damages from McFarlane. Prior to the trial, Gaiman and McFarlane had stipulated that if it were determined that Gaiman had copyright interest in the three characters that one of his options would be to keep his interest and determine how much he was owed by McFarlane’s companies by an audit of all uses of the creations in which Gaiman has a share. His other option would have been to seek breach of contract damages from McFarlane for failure to live up to the terms of the contract in which Gaiman gave up rights to Medieval Spawn and Cagliostro. Under the option Gaiman chose, the rights for Miracleman that McFarlane purchased from Eclipse remain in McFarlane’s hands.“
In regard to Chuck Mays comments What does the Savage Dragon have do with Todd Macfarlane. He didn’t create Savage Dragon Erik Larsen does. Unlike Mr Todd Erik Larsen still draws his own book be hasn’t wimped out like Mr Todd has. If you even read Savage dragon you would know it nothing like the hulk the two characters are totally different except for the facy they are green.
I love it, love it, love it, when guys like Todd shoot themselves in the foot like this.
From my understanding the MM onwership is split 3 ways Gaiman/Buckingham and whoever the courts finally decide own the final 1/3.
It’s that 1/3 that McFarlane is claiming ownership of. It’s either McFarlane, the British fellow who brought MM out of mothballs or Mick Anglo (sp?) family.
There is a website that details the legal issues but I couldn’t find it.
I thought the court case was just about Angela, Cogliostro, and Medieval Spawn, too.
I don’t know, I’m a big Neil Gaiman fan and I don’t really like Todd’s stuff, but if I was in his position, I may do the same thing. Since he lost control of the other characters he might as well do stuff with the one he DOES have some control over still.
Yes- Todd has any copyrigth Elcipce had, but MM was a licenced character and therefore Todd may have no rights.
The name of the group Gaiman formed that I couldnt remember in previous post is Mircales and Marvels.
This has a pretty good recap of the whole Miracleman brewha. (Now if I can just find somthing on the history of the word brewha. Is it a real word?)
http://www.alanmoorefansite.com/faq/miracleman.html
I wouldn’t put all that much stock in what it says on the Alan Moore fansite as there are some obvious inaccuracies. Most notably where it says that Alan Davis sold his share of the copyright to Eclipse. Nothing could be further from the truth. He GAVE his share to Garry Leach. Eclipse not only didn’t buy his copyright they actually went ahead and reprinted his artwork without his permission. Whatever the current state of the ownership of the character Alan still owns all the rights to the pages he drew as Warrior only bought first publication rights. He considers Eclipse’s reprinting of his work without permission to be theft.
“This has a pretty good recap of the whole Miracleman brewha. (Now if I can just find somthing on the history of the word brewha. Is it a real word?)”
No, but brouhaha is a real word. *big grin* It’s of French origin, which just kinda figures….
—KRAD
“Maybe Todd is just really an evil minion of the Devil…”
Maybe? Whaddaya mean, maybe?
Chuck Rogers: In regard to Chuck Mays comments What does the Savage Dragon have do with Todd Macfarlane. He didn’t create Savage Dragon Erik Larsen does. Unlike Mr Todd Erik Larsen still draws his own book be hasn’t wimped out like Mr Todd has. If you even read Savage dragon you would know it nothing like the hulk the two characters are totally different except for the facy they are green.
Wow, it’s someone who grew up reading Todd’s work! 🙂
I don’t actually read Spawn I never really liked it much. i do like savage dragon and always thought that Peter David shoild have done a Savage dragon Hulk cross over
I wouldn’t put all that much stock in what it says on the Alan Moore fansite as there are some obvious inaccuracies. Most notably where it says that Alan Davis sold his share of the copyright to Eclipse. Nothing could be further from the truth.
What about “Alan Moore traded the MiracleMan rights to a Tibetan albino in exchange for a pair of goats and a dirty limerick”? That might be a bit further.
Patrick Gaffneu: Now if I can just find somthing on the history of the word brewha. Is it a real word?
I know Peter already touched on this, but there’s more info at this site.
Well, what the baseball world has known for a few years is now even more evident…
Todd McFarlane has big balls.
Actually, it’s so obvious I don’t why I didn’t realize it before. Anybody know who Booker T from the WWE is? Miracleman just realized he’s a five-time WCW Champion and is about to hit the spinarooni!
Having just seen the statue, I must say that it seems an odd choice, casting Sly Stallone as Miracleman like that…
Brian, I’d heard about the spinaroonie pose..and when I looked at the statue I thought “HEy..he is about to do a spinaroonie!” And they say Booker T isn’t over.
So whose lawyer quits first, Robert Blake’s or Todd McFarlane’s?
Spinarooni. It does look that way.
Maybe it comes with a pullstring that says:
“Can you dig it, Sucka!
Can someone link us to a pic of the statue (if there is one online)?
Here’s a link to the pic:
http://www.spawn.com/news/images/statue_miracleman_photo_01_dp.jpg
Hmm. I’m probably one of the few who knows nothing about MM other than various vagueries, but that statue (in addition to looking like he’s going to hit the spinneroonie, as mentioned before) kinda looks like his right hand took on a life of it’s own, started mouthing off, said something about MM’s mother, and now MM’s getting ready to knock his right hand’s block off with his left.
By the way, let me just add that Todd is a moron.
Is it just me, or does it look like he’s auditioning to play Lady Macbeth?
Thanks, Tommy.
GADS.
I hope Todd doesnt get his paws on Miracleman. Isnt there enough injustices in the world already?
To have to sit and watch Todd screw Miracleman would be the last straw