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The Other Dubya ([info]misswindy) wrote in [info]fandom_wank,
@ 2004-02-25 15:18:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
I Believe The Phrase You're Looking for is "Neener-Neener Boo Boo"
The following is a summary of the events of what's gone on, but I'm shady on the details, so please do correct me if I messed something up.

In the mid 90s (I'm unclear about the date), Neil Gaiman brought to life a series called Miracleman, which was based loosely on a concept that included some degree of input from Todd McFarlane (executive owner of Image Comics). However, Neil really loved the Miracleman mythos, and in May of 1997, Todd McFarlane signed a contract that exchanged any rights he had to the series in exchange for all of Gaiman's rights to some other work Gaiman did for McFarlane (Medeival Spawn, etc.)

Within months Todd started hemming and hawwing and reneging on the points of that contract, and finally decided to file a copyright for Miracleman three years after the work was published, which was still within the letter of the statute of limitations, I think. Todd's main claim is that since it was his concept that Gaiman was working off of, and that he was the publisher, even though he never wrote or drew or thought of anything else, he was the rightful owner of all things Miracleman. He even started changing the copyright notices on later editions of the work to reflect this belief.

Naturally Gaiman was totally pissed off at this and decided to sue the pants off of old Toddy. But not before he flamed the hell out of him on his blog first, back in late 2001, ranting extensively while demanding a public apology as well as a donation to something called the Comic Book Legal Defense Fund. (ETA: Thanks for the link and explanation, [info]dhaunea!)

Anyway, Gaiman took Todd McFarlane to court over TMcF's copyright claim and breach of contract, where Gaiman easily won. But winning the case - twice! - just wasn't enough for Gaiman. The victory also required a gloaty, gleeful blogpost which skewers McFarlane's hilariously incompetent lawyer (whose legal exposition included such gems as "I, ah, well, um, I don't agree. Um. Your honor;" Gaimain helpfully provides an MP3 of the closing statements, and I am now embarrassed on Todd McFarlane's behalf), revels in schadenfreude over McFarlane's many recent financial, artistic and business failures, and calls McFarlane and his legal team: incredibly shifty, delusional, dishonest, stupid, greedy, crooked, hapless, and a big ole pack of liars. But he swears it's not about the money - any money he makes off of this is going right to that worthiest of causes, the Comic Book Legal Defense Fund! Heee! And also, ouch.

You know, one gets the feeling Neil Gaiman doesn't like Todd McFarlane.


(Post a new comment)


[info]dhaunea
2004-02-25 10:54 pm UTC (link)
http://www.cbldf.org/

(Reply to this)(Thread)


[info]dhaunea
2004-02-25 10:56 pm UTC (link)
Sorry. Hit 'post' too soon. Here's the description:

"The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community."

(Reply to this)(Parent)(Thread)

(no subject) - [info]misswindy, 2004-02-25 11:00 pm UTC

[info]lots42
2004-02-25 10:56 pm UTC (link)
True story: An adult clerks sells an adult customer an adult comic out of a clearly labeled and watched adult area.

The clerk is arrested.

THAT is what the Comic Book Legal Defense Fund is for.

And other times others have been legally harrassed simply for the content of the comics they produced.

It's weird, but just because something has a lot of pictures with word balloons, some idiot lawmakers think that the free speech thing doesn't apply to it

(Reply to this)(Thread)


[info]misswindy
2004-02-25 10:58 pm UTC (link)
Ohh, I heard about that story. It's boggle worthy. Thanks!

(Reply to this)(Parent)


[info]phosfate
2004-02-25 11:00 pm UTC (link)
It's happened multiple times. The weird part is that the comics, as often as not, aren't porn. On at least one occasion, the 'adult' comic was Elfquest.

(Reply to this)(Parent)(Thread)

(no subject) - [info]mariagoner, 2004-02-25 11:05 pm UTC
(no subject) - [info]dhaunea, 2004-02-25 11:08 pm UTC
(no subject) - [info]mariagoner, 2004-02-25 11:13 pm UTC
(no subject) - [info]dhaunea, 2004-02-25 11:15 pm UTC
(no subject) - [info]mariagoner, 2004-02-25 11:17 pm UTC
(no subject) - [info]dhaunea, 2004-02-25 11:22 pm UTC
(no subject) - [info]visp, 2004-02-26 04:04 am UTC
Re: - [info]dhaunea, 2004-02-26 06:21 am UTC
(no subject) - [info]visp, 2004-02-26 08:39 am UTC
Re: - [info]dhaunea, 2004-02-26 02:43 pm UTC
(no subject) - [info]starherd, 2004-02-26 09:57 am UTC
(no subject) - [info]dhaunea, 2004-02-26 02:45 pm UTC
(no subject) - [info]pyratejenni, 2004-02-26 12:17 am UTC
(no subject) - [info]visp, 2004-02-26 04:06 am UTC
(no subject) - [info]janegraddell, 2004-02-26 11:03 am UTC
Re: - [info]visp, 2004-02-26 08:23 pm UTC
(no subject) - [info]lots42, 2004-02-27 03:59 am UTC
(no subject) - [info]janegraddell, 2004-02-27 06:29 am UTC
(no subject) - [info]misswindy, 2004-02-27 06:50 am UTC
(no subject) - wizzard, 2004-02-26 04:17 am UTC
(no subject) - [info]starherd, 2004-02-26 09:59 am UTC
(no subject) - [info]lots42, 2004-02-27 04:01 am UTC

[info]smo
2004-02-25 11:14 pm UTC (link)
That clerk's name wasn't Randall, was it?

Bunch of savages in this town.

(Reply to this)(Parent)(Thread)

(no subject) - [info]funkyhelix, 2004-02-25 11:21 pm UTC
(no subject) - [info]mariagoner, 2004-02-25 11:24 pm UTC
(no subject) - [info]pipssister, 2004-02-26 12:02 am UTC

(Anonymous)
2004-02-25 11:41 pm UTC (link)
And that happened...how?


Bonasi

(Reply to this)(Parent)(Thread)

(no subject) - [info]big_bad_wolf, 2004-02-26 04:23 pm UTC

[info]big_bad_wolf
2004-02-26 04:21 pm UTC (link)
*cough* MIKEDIANANCASE *cough*

the CBLDF is also to prevent shit happening like that - where a man was basically told he was no longer allowed to draw what he liked in his own home, that he was not allowed to go within X number of feet of anyone under the age of 18 (including his own family) and that he would be subject to unconstitutional unwarranted checks/invasions of his privacy to make sure he wasn't drawing anything the Floridian Courts didn't like.

Am proud to be a member and regular contributer to the fund (I also hate McFarlane, but that's because he can't fucking write).

(Reply to this)(Parent)


[info]mariagoner
2004-02-25 11:06 pm UTC (link)
Awww... I feel so disappointed in Neil Gainman. I thought he, at least, was the one sensible comic artist you could count on in the sea of spooge that is comic-book-land.

(Reply to this)(Thread)


[info]harukami
2004-02-25 11:09 pm UTC (link)
I fail to see how this is actually wanky, though. I mean, the court case itself makes perfect sense - it's his work, his copyright, and he's not being given credit; if he's not being given credit, it's likely it also wasn't showing up in his royalties. And when I read the actual post, it seemed less... gloating and more stunned amusement. This might just be my reading, of course, but ... I dunno, it seemed thought out and considered rather than 'neener!'.

(Reply to this)(Parent)(Thread)

(no subject) - [info]mariagoner, 2004-02-25 11:16 pm UTC
(no subject) - [info]dhaunea, 2004-02-25 11:18 pm UTC
(no subject) - [info]trintrin, 2004-02-26 03:04 am UTC
(no subject) - [info]belafarinrod, 2004-02-26 05:33 pm UTC
(no subject) - [info]yadda, 2004-02-25 11:33 pm UTC
(no subject) - [info]gaisce, 2004-02-26 12:37 am UTC
(no subject) - [info]dreamtoday, 2004-02-26 03:39 am UTC
(no subject) - [info]panthea, 2004-02-26 04:11 am UTC
(no subject) - [info]dreamtoday, 2004-02-26 04:43 am UTC
(no subject) - [info]misswindy, 2004-02-26 12:30 am UTC
(no subject) - [info]snacky, 2004-02-26 01:43 am UTC
(no subject) - [info]misswindy, 2004-02-26 01:49 am UTC
(no subject) - [info]snacky, 2004-02-26 02:16 am UTC
(no subject) - [info]phosfate, 2004-02-25 11:17 pm UTC
(no subject) - coreopsis, 2004-02-25 11:31 pm UTC
(no subject) - [info]hansbekhart, 2004-02-26 07:14 am UTC
(no subject) - coreopsis, 2004-02-26 03:59 pm UTC
(no subject) - [info]misswindy, 2004-02-26 12:03 am UTC
(no subject) - [info]phosfate, 2004-02-26 12:57 am UTC
(no subject) - [info]misswindy, 2004-02-26 01:10 am UTC
(no subject) - [info]julia, 2004-02-26 05:31 am UTC
(no subject) - [info]harukami, 2004-02-26 04:36 am UTC
(no subject) - [info]misswindy, 2004-02-26 05:05 am UTC
(no subject) - pooka, 2004-02-26 01:38 am UTC

[info]diamonde
2004-02-26 01:08 pm UTC (link)
Last I heard, Gaiman was a writer.

(Reply to this)(Parent)(Thread)

(no subject) - [info]big_bad_wolf, 2004-02-26 04:26 pm UTC

[info]mariagoner
2004-02-25 11:26 pm UTC (link)
Oh, yeah, and one more thing.

Miss Windy, I love you and I'm concerned. Are you really gonna end up writing recaps for all the zillions of American Idol episodes and specials that are going to clog up our televisions this season...?

I used to be a devoted fans last season, but it's getting very tiresome this year.

(Reply to this)(Thread)


[info]misswindy
2004-02-26 12:19 am UTC (link)
Miss Windy, I love you and I'm concerned. Are you really gonna end up writing recaps for all the zillions of American Idol episodes and specials that are going to clog up our televisions this season...?

Hayullll NO. LOL Like I said in my last one, if FOX could figure out how to air that show 7 days a week, it would. I'm just going to be covering the competition. I saw that Uncut, Uncensored and Untalented ad with [info]scarlet1815 over the other night, and the first words that FLEW out of my mouth were "I'm not recapping that shit." Otherwise I'd never leave the house. Speaking of my recap, I should probably get back to work on that. Meep.

(Reply to this)(Parent)


[info]misswindy
2004-02-26 01:19 am UTC (link)
Oh, yeah, I left off the PS:
<33333333!!!!11!!

(Reply to this)(Parent)


[info]cesare
2004-02-25 11:28 pm UTC (link)
A bit more about this. AFAIK, McFarlane's sole involvement in Miracleman was buying the rights (or rather, buying the assets of bankrupted Eclipse, the company that held the US rights.)

Also, Gaiman did not create Miracleman; Alan Moore did. And the rights to Miracleman were in something of a gray area at one point because Miracleman began in the UK as Marvelman, a skewed satirical revisionist take on Captain Marvel (and those rights belong now, iirc, to DC.)

(Reply to this)(Thread)


[info]misswindy
2004-02-26 12:05 am UTC (link)
Thank you! That makes a lot more sense.

(Reply to this)(Parent)


[info]wolfsamurai
2004-02-25 11:34 pm UTC (link)
This is considered wank? I'd very much disagree. Gaiman for the most part has been very collected about this whole mess and, all things considered, a few small (and amusing) jabs at McFarlane is far less than what McFarlane deserves. It's not like he wrote out a huge blog post in 40pt font screaming "The fucker went down! Woo-hoo!".

(Reply to this)(Thread)


[info]cleolinda
2004-02-25 11:40 pm UTC (link)
Heh. I saw this last night, and was mostly just blown away by the balls on McFarlane for attempting all this in the first place.

(Reply to this)(Parent)(Thread)

(no subject) - [info]wolfsamurai, 2004-02-25 11:42 pm UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:26 pm UTC

[info]misswindy
2004-02-26 12:10 am UTC (link)
This is considered wank? I'd very much disagree.

You may not have been around long enough to remember this, I'm not sure, but the F_W user info used to have the intro, "Do you like to warm your feet by the fire of a good old fashioned flame war?" or something to that effect. Gaiman is right to be pissed - but his posts are total flames, so, yes, it belongs here. See also the current F_W user info

Gaiman for the most part has been very collected about this whole mess and, all things considered, a few small (and amusing) jabs at McFarlane is far less than what McFarlane deserves.

Agreed. That's why in the post I said he was "naturally pissed" and that he was right to be mad. I'm not seeing the problem.

It's not like he wrote out a huge blog post in 40pt font screaming "The fucker went down! Woo-hoo!".

Well, yes, he did, except that he did it more eloquently. More eloquently than I would have, anyway. An eloquent flame is still a flame. =)

(Reply to this)(Parent)(Thread)

(no subject) - [info]nekoneko, 2004-02-26 12:20 am UTC
(no subject) - [info]misswindy, 2004-02-26 12:25 am UTC
(no subject) - [info]gaisce, 2004-02-26 12:41 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:28 pm UTC
(no subject) - [info]trintrin, 2004-02-26 03:01 am UTC
(no subject) - [info]dreamtoday, 2004-02-26 03:59 am UTC

(Anonymous)
2004-02-25 11:44 pm UTC (link)
Some clarification is needed.

Miracleman began back in the late 70's in the British comics magazine WARRIOR. It was known originally as Marvelman. Marvelman got his start in the 50's as a ripoff of the Fawcett hero Captain Marvel. (Trust me, don't go too deep into this. Your brain will hurt). The revamp was done by Alan Moore.

Eventually, Eclipse Comics here in the states got the reprint rights. Marvel Comics made a snit, so the character's name was changed to Miracleman. Otherwise the comics were intact. Moore finished his arc and let a few other people take over, Neil Gaiman and Alan Davis among them. As part of the deal, they were given a share of the "ownership rights" of Marvelman/Miracleman/whathaveyou.

Eclipse eventually went belly-up. McFarlane bought their share of the rights to Miracleman. Now, there is some debate as to how much "their share" entails. But he at the very least had a piece of the pie.

McFarlane does a comic called "Spawn". McFarlane is an atrocious writer. To give his series credibility, he asks several writers, Gaiman among them, to do a few issues. Gaiman agrees, creating several new characters (Angela chief among them) in the process.

New characters are a screaming success. McFarlane had promised Gaiman royalties if this happened. McFarlane failed to cough up. Ugliness ensued. In 1997, Gaiman and McFarlane sat down and worked out a deal--in exchange for Gaiman's share of the Spawn character property rights, McFarlane would pay him back royalties and give him his share of the rights to Miracleman. McFarlane went so far as to give Gaiman the microfilm for the original art of the series. He'd send Gaiman a document officially transferring the rights to the character later.

I think you can guess the rest. :)

Having read the original series, I can tell you that it was pretty daring and original for its time. I don't know how dated it would be in this day and age, but I can pretty much bet that, should Gaiman succeed in getting a collected works out, nostalgia and "absence makes the heart grow fonder" would pretty much guarantee a sellout. So there's fairly good bucks behind this.

Gaiman is a decent guy who didn't want to go this route, but wasn't afraid to get down and dirty with McFarlane (who apparently thought this wouldn't amount to anything more than an inconvenience). Now Gaiman has those partial character rights securely in his pocket, and if Toddy wants to be sole owner....you can see where this is going.

Given that Todd McFarlane is an asshole of biblical proportions, I'm almost gleeful at this turn of events.

JSM

(Reply to this)(Thread)

(no subject) - [info]winter, 2004-02-25 11:57 pm UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:29 pm UTC
(no subject) - [info]misswindy, 2004-02-26 12:16 am UTC
Old Skool - [info]deoridhe, 2004-02-26 12:30 am UTC
Re: Old Skool - [info]misswindy, 2004-02-26 12:52 am UTC
Re: Old Skool - pooka, 2004-02-26 01:41 am UTC
Re: Old Skool - [info]deoridhe, 2004-02-26 03:44 pm UTC
Re: Old Skool - [info]misswindy, 2004-02-26 05:08 pm UTC
Re: Old Skool - [info]deoridhe, 2004-02-26 07:52 pm UTC
Re: Old Skool - pooka, 2004-02-26 07:42 pm UTC
Re: Old Skool - [info]deoridhe, 2004-02-26 07:53 pm UTC
Re: Old Skool - [info]big_bad_wolf, 2004-02-26 04:30 pm UTC
(no subject) - coreopsis, 2004-02-26 12:40 am UTC
(no subject) - [info]misswindy, 2004-02-26 12:50 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:31 pm UTC
(no subject) - [info]rann, 2004-02-26 12:57 am UTC
(no subject) - [info]misswindy, 2004-02-26 01:01 am UTC
Re: - [info]rann, 2004-02-26 01:05 am UTC
Kindergarden Playground Time - [info]deoridhe, 2004-02-26 03:45 pm UTC
(no subject) - [info]helenraven, 2004-02-26 12:36 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:32 pm UTC
(no subject) - [info]helenraven, 2004-02-27 10:09 am UTC
Re: - [info]big_bad_wolf, 2004-02-27 02:16 pm UTC
(no subject) - [info]phosfate, 2004-02-26 12:51 am UTC

[info]arielchan
2004-02-25 11:50 pm UTC (link)
I am simply pimping my new Chibi-Morpheus icon.

pimp pimp pimpity pimp pimp

~*Ariel*~

(Reply to this)(Thread)

(no subject) - [info]bassarides, 2004-02-25 11:57 pm UTC
Icon whoring is fun - [info]nekoneko, 2004-02-26 12:16 am UTC
Re: Icon whoring is fun - [info]arielchan, 2004-02-26 05:09 am UTC
Re: Icon whoring is fun - [info]big_bad_wolf, 2004-02-26 04:33 pm UTC

[info]gaisce
2004-02-26 12:50 am UTC (link)
"And he made me promise to say that, if Neil keeps up, Todd’s going to go public with all the dirt on Neil he can find, and Neil’s fans won’t like him any more.”

Gaiman is famous for writing stories about how a man could get sucked through a woman's *cough* during sex. Any kind of sick, depraved things they bring up will only make the fans love him more.

(Reply to this)(Thread)

(no subject) - [info]phosfate, 2004-02-26 12:53 am UTC
(no subject) - [info]gaisce, 2004-02-26 01:12 am UTC
(no subject) - [info]phosfate, 2004-02-26 04:23 pm UTC
I think I know the Clive Barker story you mean, but... - [info]loafing_oaf, 2004-02-26 01:13 am UTC

(Reply from suspended user)
Re: I think I know the Clive Barker story you mean, but... - [info]loafing_oaf, 2004-02-27 07:50 am UTC
Re: I think I know the Clive Barker story you mean, but... - [info]phosfate, 2004-02-26 04:25 pm UTC
Re: I think I know the Clive Barker story you mean, but... - [info]loafing_oaf, 2004-02-27 07:45 am UTC
(no subject) - [info]rann, 2004-02-26 12:53 am UTC
(no subject) - [info]eiviiaru, 2004-02-26 01:08 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:34 pm UTC
(no subject) - [info]nekoneko, 2004-02-26 08:56 pm UTC
(no subject) - [info]eiviiaru, 2004-02-26 11:59 pm UTC
Re: - [info]big_bad_wolf, 2004-02-27 03:49 pm UTC
(no subject) - [info]eiviiaru, 2004-02-27 09:23 pm UTC
(no subject) - [info]gaisce, 2004-02-26 01:14 am UTC

(Reply from suspended user)
(no subject) - [info]big_bad_wolf, 2004-02-26 04:35 pm UTC
(no subject) - [info]sagralisse, 2004-02-26 04:29 pm UTC
(no subject) - [info]snacky, 2004-02-26 02:14 am UTC
(no subject) - [info]yadda, 2004-02-26 04:19 am UTC
(no subject) - [info]arielchan, 2004-02-26 05:21 am UTC
Cult Worship - [info]deoridhe, 2004-02-26 03:47 pm UTC
Re: Cult Worship - [info]phosfate, 2004-02-26 04:23 pm UTC
Re: Cult Worship - [info]sagralisse, 2004-02-26 04:32 pm UTC
Re: Cult Worship - [info]phosfate, 2004-02-26 04:44 pm UTC
Re: Cult Worship - [info]deoridhe, 2004-02-26 04:52 pm UTC
Re: Cult Worship - [info]phosfate, 2004-02-26 04:56 pm UTC
Re: Cult Worship - [info]deoridhe, 2004-02-26 07:53 pm UTC
Re: Cult Worship - [info]deoridhe, 2004-02-26 04:50 pm UTC
(no subject) - [info]lots42, 2004-02-27 04:03 am UTC

[info]rann
2004-02-26 12:51 am UTC (link)
I'm sorry, but when you start shamelessly charging your fans a couple HUNDRED dollars for two hardback books and the POSSIBILITY of paying him more money for more books later, you lose a lot of sympathy for other people trying to screw you over, at least from me.
I understand that Todd's an ass... I know he's an ass, it's pretty plain to see he's an ass. But the blog-gloating, the sneering, the ranting, I think that makes Gaiman the wanker here... he's a professional, he should have a little dignity about professional matters. Remember, how great an author/artist/whatnot a person is doesn't excuse it when they wank!

(Reply to this)(Thread)

(no subject) - [info]phosfate, 2004-02-26 12:54 am UTC
(no subject) - [info]rann, 2004-02-26 01:46 am UTC
That would be me. - [info]nekoneko, 2004-02-26 02:11 am UTC
(no subject) - [info]snacky, 2004-02-26 02:22 am UTC
(no subject) - [info]nekoneko, 2004-02-26 02:41 am UTC
(no subject) - [info]snacky, 2004-02-26 07:22 pm UTC
(no subject) - [info]dawnswalker, 2004-02-26 01:15 am UTC
Re: - [info]rann, 2004-02-26 01:44 am UTC
(no subject) - [info]misswindy, 2004-02-26 01:53 am UTC
(no subject) - [info]trintrin, 2004-02-26 02:51 am UTC
(no subject) - [info]virago, 2004-02-26 07:05 pm UTC
(no subject) - muzivitch, 2004-02-26 01:55 am UTC
(no subject) - [info]snacky, 2004-02-26 02:21 am UTC
(no subject) - [info]nekoneko, 2004-02-26 02:49 am UTC
(no subject) - [info]trintrin, 2004-02-26 02:54 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:36 pm UTC
(no subject) - [info]trintrin, 2004-02-26 03:32 pm UTC
(no subject) - [info]electric_sheep, 2004-02-26 03:11 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:38 pm UTC

[info]dawnswalker
2004-02-26 01:20 am UTC (link)
Seeing as Todd McFarlane is the reason why people in this city are wearing the ugliest hockey jerseys known to mankind (and worse, forcing me to have to see them), it doesn't matter whether he's the nicest and coolest guy in the world. I still think he's an asshat.

It wasn't exactly classy of Gaiman to post the ongoing saga of his legal battles (complete with the British version of the "BOOYAH! PWNED!!1" post), but you can't say McFarlane didn't have it coming.

Maybe McFarlane will make a comic about an avenging demon from hell hunting down and killing a best-selling British author? Thus, it shall well and truly be as wankful as any fangirl could be.

(Reply to this)(Thread)

(no subject) - [info]misswindy, 2004-02-26 01:24 am UTC
(no subject) - [info]aruru, 2004-02-26 07:12 am UTC

[info]snacky
2004-02-26 02:10 am UTC (link)
Todd McFarlane is the tooliest tool in the toolbox.

I'll hold his arms behind his back if Neil wants to get in a few more pokes.

(Reply to this)(Thread)

(no subject) - pooka, 2004-02-26 03:55 am UTC
(no subject) - [info]hoorofcrowley, 2004-02-26 10:08 am UTC
(no subject) - [info]big_bad_wolf, 2004-02-26 04:38 pm UTC


 
   
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