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    Neil Gaiman

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    Neil Gaiman is an acclaimed English writer, best known for writing the legendary Sandman series and numerous award-winning novels. His seminal works include American Gods, Good Omens, and The Graveyard Book.

    Neil Gaiman Wins Lawsuit Against Spawn Characters

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    inferiorego

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    Edited By inferiorego  Staff

    No Caption Provided
    Recently reported by Associated Press, Author Neil Gaiman recently won a lawsuit over Spawn creator, Todd McFarlane, who has used characters suspiciously similar to Gaiman's creations without paying Gaiman any royalties.
     
    In 1993, Neil Gaiman wrote an issue of Spawn that went back in time to show a version of the character during the Medieval era, a earlier incarnation of the character, more recently, Dark Ages Spawn was introduced to the comic, which was incredibly similar to the Gaiman creation. In addition Gaiman is credited with creating a few other characters still used today: Angela, Cogliostro, and Gabrielle. Gaiman had not been paid royalties for these either. McFarlane's camp claims that Dark Ages Spawn existed in the same time period as Medieval Spawn, but the characters were both distinct and different, since the Spawn universe's internal rules were always changing. 
     
    Eight years ago, a jury found Gaiman in the right and that he was owed money for the co-copyright he had on the characters Medieval Spawn, Angela and Cogliostro. It's been eight years since the original trial took place and Gaiman  has not received any compensation.
    == TEASER ==
    No Caption Provided

    "Gaiman testified in June that he believed Dark Ages Spawn was essentially a copy of Medieval Spawn, a character he created in the ninth issue of the Spawn series in 1993. He had been invited by McFarlane to do an issue. Gaiman also said the angels known as Domina and Tiffany were copies of the red-haired Angela, a character who also debuted in Spawn No. 9."
     
    In addition to the comic books, there has been money made in posters, clothing, trading cards, and action figures from these characters, money Gaiman has not seen a dime of. Gaiman's attorney, Allen Arntsen, hopes that there will be a final accounting of how much money is owed to Mr Gaiman by the end of this year. "This has been drawn out," Arntsen said. "We're looking forward to bringing it to a resolution." 
     
    So hopefully, by the end of the year, Gaiman will finally get what he deserves, royalties for characters he's created. This is more than just about money though. It's about credit for something created. Essentially these characters have been running around the Spawn universe under the giese that they were McFarlane creations. Gaiman isn't a man who wants tons of cash for his creations. He just wants what's right.
     
     "I wish I took some kind of joy in this, but I don't... At this point all I hope is that Todd can do an accounting for all the comics I wrote for which he paid no royalties, and the rest of it; and that he'll settle up and I will make some comics charities very happy." ~Neil Gaiman
     
    What do you guys think? 
     
     
    ~Mat "Inferiorego" Elfring is a comedian, teacher, comic book writer, and comic store employee.~
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    Darkchild

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    #1  Edited By Darkchild

    bout damn time

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    Namor1987

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    #2  Edited By Namor1987

    I wonder what the Judge was thinking probably something along the lines "Comic nerds gah" lol jk

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    Paragon

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    #3  Edited By Paragon

    I had the Medieval Spawn action figure back when I was a wee lad. Good to see Gaiman getting credit for those things.

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    Donnieman v5.1

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    #5  Edited By Donnieman v5.1

    Well this took long enough.

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    joshmightbe

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    #6  Edited By joshmightbe

    Oh Todd McFarlan used other peoples ideas with out giving them credit never saw that coming(yes thats sarcasm)

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    NXH

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    #7  Edited By NXH

    Ive always thought spawn is an awesome character, but ive never got round to reading any issues of the comic. Anyone know a good starting point for new readers?

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    Emperor Gonzo Noir

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    Hooray!

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    shatterstar

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    #9  Edited By shatterstar  Moderator

    Seems like this has been going on forever, I wonder if McFarlane is planning on appealing. Maybe he'll have to sell a baseball to cover the loss.

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    Zoom

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    #11  Edited By Zoom

    Lol at Todd McFarlane copying other writers' characters. 
     
    Wasn't that one of the founding principles of Image Comics?  I mean, along with crappy dialouge and bad art of course. 
     
     
     
     Thankfully, Robert Kirkman has singlehandedly turned Image into a semi respected publication company.
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    joshmightbe

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    #12  Edited By joshmightbe
    @aztek the lost: hey thats too similar to my feudal european spawn
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    I'maDC/ImageGuy!

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    #13  Edited By I'maDC/ImageGuy!

    Todd McFarland got rejected like a bad check! 
    Wasn't the original idea behind image comics was to own your own character and to get royalties! 
    Way to be similar like the big two.

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    hdorman1

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    #14  Edited By hdorman1

    at last

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    Crymsun

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    #15  Edited By Crymsun

    Hooray for Gaiman!!
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    Mediant

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    #16  Edited By Mediant

    This has a been a complicated issue for me. First off, I really like Angela. She may be my favorite Spawn character. To me, Domina is a totally different character. Additionally, I've never liked Neil Gaiman. Every interview or blog I've ever read or seen of his always made him come off as a bit of an artist diva. 
    On the other hand, Medieval Spawn and Dark Ages Spawn are practically the same thing and since winning the previous court case he really should have received what they deemed he was owed by now.

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    dark_knight_dick_grayson17

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    I think it'll take Todd down a well deserved notch.

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    Farley Deering

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    #18  Edited By Farley Deering

    Well done Gaiman, about time McFarlane got served.

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    johnny_spam

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    #19  Edited By johnny_spam

    Yay he won money for characters he created it is wrong he was denied money for his creations and the rights when it was the whole damn point of Image. 
     
    Todd McFarlane pulls such crap all the time it's not like him losing a case is that surprising. 
     
    I want to know how Gaiman will be compensated it's not like any of the Spawn characters or Spawn himself are popular and used in action figures and merchandise anymore.

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    Magian

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    #20  Edited By Magian

    Since Gaiman won, he should be compensated.

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    AmazingSpiderMike

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    @NXH: 
     
    Spawn issue 1
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    dondasch

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    #22  Edited By dondasch

    Glad that Neil Gaiman finally is getting credit and money for what he created.  That's the big legal middle finger to you Todd, and a well deserved one

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    brontosaurus

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    #23  Edited By brontosaurus

    Glad he won. Any news about Neil working on anything new?

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    cbishop

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    #24  Edited By cbishop

    Image's original rules stated if Creator A worked on Creator B's book, and created a new character for the story, then Creator A owned that character, and if A walks away from Image, he can take his character with him.  Considering the character is named Medeival Spawn, I'd say it was a co-creation of Gaiman & McFarlane, which would make them co-owners in the character.  However, that character is so derivative of Todd's, I don't know how Gaiman could in good conscience hold his head up and say he owns it. 
     
    I really don't think this is about the royalties.  I think this is about being p.o.'d at McFarlane about the Miracleman lawsuit - this is about being a further annoyance.  I think that's petty and shameful on Gaiman's part.  McFarlane needs to pay whatever royalties are owed on the books and posters and stuff, but this is not a creator's rights lawsuit - it's about hurting McFarlane. 
     
    Erik Larsen was tweeting about this yesterday.  Think about this: while it's right and fair that Gaiman should get royalties off of the products sold based on his creations (Angela figures, posters, etc.) this kind of cruddy lawsuit has now forced McFarlane to start using work for hire contracts with any creators working on his books... to protect him from being sued if the hired creator creates a derivative character for the book.  Really?  This basically frivolous issue over owning a derivative character is forcing Image to work like the Big Two out of sheer self defense.  Way to go, guys. 
     
    On a similar note, Larsen pointed out that Adam Hughes did a pinup for the back cover of Savage Dragon #100, with many alternate versions of Dragon, and said, "You can have 'em all."  Larsen stated that Hughes was an all class act.  It's also showing some common sense.   Creating a derivative character, I might want an assurance that folks will know that I helped create that version of the character, but I really wouldn't expect to own it.  I certainly would not go as far as taking it to court!  Who's going to want to work with Gaiman now?  If he was working on my "Super Spider" book (for example - no such book exists) I'd be worried that he's going to create "Tangent Super Spider 2099" and claim ownership of that.  I'd dissolve my business relationship with him immediately.

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    Unwritten Duck

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    #25  Edited By Unwritten Duck
    @NXH: There's a hardcover trade out now called Spawn: Origins which collects the first twelve issues. I would suggest starting here since you can get to book for just twenty five bucks.  
     
    @Zoom: For the Spawn series that art has usually been pretty good, but I haven't read the series in quite some time so I have no idea what the current main stream comics look like. I really stopped reading it about five years ago and it was pretty good back then. I think I stopped after the story arc involving the Third Redeemer.
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    Jotham

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    #26  Edited By Jotham

    " Dark Ages Spawn existed in the same time period as Medieval Spawn, but the characters were both distinct and different "
    HAHAHAHA! Oh, McFarlane! You rascal!

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    LiamRawson

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    #27  Edited By LiamRawson

    About bloody time!

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    mrrpm01

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    #28  Edited By mrrpm01

    this could have easily been avoided if writers/artists were given contracts to sign that weren't written in lawyer a/b speak.

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    NXH

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    #29  Edited By NXH
    @Unwritten Duck:
    Cool. Thanks, mate. =)
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    johnny_spam

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    #30  Edited By johnny_spam
    @cbishop: Really it was more then one character other than Medieval Spawn there might be some argument there but allot of those other characters were used with no royalties and that goes against the whole Image operation. 
     
    And I'd think more people would be wary of Todd McFarlane but he barley does anything in comics.  
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    Brickabrack

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    #31  Edited By Brickabrack

    McFarlane seems like a shady character. Not suprising I suppose. Gaiman is giving all the money he wins that doesn't go to his lawers to a comic charity. Just to show it's not about the money. Way to go, Neil!
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    cbishop

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    #32  Edited By cbishop
    @johnny spam said:
    " @cbishop: Really it was more then one character other than Medieval Spawn there might be some argument there but allot of those other characters were used with no royalties and that goes against the whole Image operation.  And I'd think more people would be wary of Todd McFarlane but he barley does anything in comics.   "

    Yeah, I get that.  Gaiman should absolutely be compensated for those characters, and he should even be compensated for his part in Medeival Spawn... but saying that the original creator of Spawn created a new Spawn that's derivative of your derivative Spawn?  That's weak.  The Spawn concept was set up from the start that there have been other Spawns throughout history - although I thought it also said that there was only one Spawn at a time.  Still, maybe Med' Spawn was destroyed, and Dark Ages Spawn came directly after him (or directly before, whichever).  That would heed to the established rules, allow for them being in the same time period, and allow for them being two distinct characters.  I'm not even a Spawn fan, and I can see that. 
     
    Don't get me wrong, I think that McFarlane's a shady, petty man in his legal dealings with the comic industry.  I think his business acumen is great (i.e. the way he started up McFarlane toys and changed the way action figures are made), but I think he does more to hurt creator rights than he does to help them.  He needs to pay Gaiman his royalties, but the Medeival/ Dark Ages thing is crazy.
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    johnny_spam

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    #33  Edited By johnny_spam
    @cbishop: The Dark Ages/Medeval Spawn thing I look at as Gaiman made a character with an original backstory the whole point of Image was if someone made a new character they could own them the Medieval Spawn thing I think is a stretch that I have my doubts about it's the other characters I think there is more of an issue with but I still think of it like Kyle Rayner instead of Hal Jordan or even Batgirl and not Batman when it comes to Medeval. 
     
    It does seem both are tired of it at this point and it's unfortunate it's part of the comics industry. 
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    cbishop

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    #34  Edited By cbishop
    @johnny spam: Even if Gaiman created most of the details for Medeival Spawn, it's still a Spawn - that's co-creation, at best, because McFarlane created Spawn.  Gaiman should get a co-creator's share of that, but the Dark Ages Spawn thing shouldn't even be an issue.  The original characters like Angela and Cogliostro shouldn't be an issue either.  Gaiman created them, Gaiman should own them, and he should get royalties when they're used. 
     
    This is the biggest part of why I thought from the beginning that the Image idea doesn't work.  Creator ownership is a great thing, but every time there's a dispute between creators, they have to go back and tweak their books' continuity to write out the characters involved.  Like when Rob Liefeld left Image, Todd wrote out the bit about Chapel having killed Al Simmons.  What a waste.  There needs to be a balance - some way of sharing the characters, but not having to undo things if the business relationship falls apart.  This is something Erik Larsen doesn't seem to have a problem with.
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    johnny_spam

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    #35  Edited By johnny_spam
    @cbishop: Really they should have gotten a writer with them the problem with allot of them was they weren't writers in Todd's case mostly or they shouldn't have bought others on at all and do the books themselves and if they couldn't then end them.  
     
    They shouldn't have tried crossing over their books at all and kept them separate the irony is now this is the same stuff they rebelled against.
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    goldenkey

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    #36  Edited By goldenkey

    It's only a co-creation because Todd drew the character first initial illustration.  At least I think he did.  I would assume he did, otherwise it's totally Gaiman.  Good for Gaimon.  The whole reason Spawn wasn even (dare I say it) spawned, was because at the time so many artists were not happy with the fact they were not getting royalties themselves from a certain larger company.  What a two-face scumbag McFarlane is.  Glad his Mark McGuires steroid baseball dropped in value as much as it did.  Sucker.  I just can't believe he would do that after all the shit he went thru with Venom.  Piss on Todd McFarlane and his shitty written comic book.  Guy was the best, now he's just a scumbag and he's out a lot of money

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    goldenkey

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    #37  Edited By goldenkey

    Does Gaimon get royalties for Cogliostro because he was in the film, and the animated series too.  Mcfarlane made a LOT of money of those as well

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    Baddamdog

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    #38  Edited By Baddamdog

    Bad show McFarlane.....

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    Nyogtha

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    #39  Edited By Nyogtha

    That's what happens when you don't make creators sign work for hire papers.

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    Comiclove5

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    #40  Edited By Comiclove5

    I'm happy for mister Gaiman
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    NightFang3

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    #41  Edited By NightFang3

    It's about time  Gaiman got paid!

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    zoist

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    #42  Edited By zoist

    Todd McFarlane is and always will be a douche. I still like his artwork though, it brings back great 7th grade memories when he was drawing Amazing Spider-Man. I still have an issue of G.I.Joe that he drew. And remember that Batman year 2 stuff he drew when Batman had a gun? Or was it year 3? I gotta dig in the crates and look. He drew his cape awesome in that. Good times, but he's still a douche.

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    Impling

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    #43  Edited By Impling

    "and I will make some comics charities very happy." ~Neil Gaiman "
    And that is why we love Neil Gaiman!

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    cbishop

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    #44  Edited By cbishop

    @johnny spam said:

    " @cbishop: Really they should have gotten a writer with them the problem with allot of them was they weren't writers in Todd's case mostly or they shouldn't have bought others on at all and do the books themselves and if they couldn't then end them.   They shouldn't have tried crossing over their books at all and kept them separate the irony is now this is the same stuff they rebelled against. "

     
    Actually, McFarlane realized pretty early - within the first few issues of Spawn - that he wasn't a writer, and started hiring writers to write Spawn. It was issue-by-issue at first, and he advertised each writer like it was an event to have a guest writer.  He finally landed on one writer and stuck with him for awhile.  Personally, in Todd's case, I thought the best thing he ever did was stop working on his book.

    @goldenkey said:

    "It's only a co-creation because Todd drew the character first initial illustration.  At least I think he did.  I would assume he did, otherwise it's totally Gaiman.  ..."


    It's a co-creation simply because Todd created Spawn, and Gaiman's character is Medeival Spawn.  You can't create that kind of derivative and claim you were the sole creator.  That would be like me creating Medeival Invincible, and claiming him as a wholly original character from Invincible.  Sorry, Robert Kirkman created Invincible, and my character is clearly derivative of that.  I've got to give Kirkman part of the credit.

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    cbishop

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    #46  Edited By cbishop
    @aztek the lost said:
    "if you believe that then every DC character that has had Bat in their name should be credited as co-created by Bob Kane, no? "

    First: Batman shouldn't even be credited to Bob Kane, much less any character derivative of Batman. 
     
    Second: I thought about that, but I think that's different.  DC is work-for-hire.  The ownership is a moot point - DC owns it all.  If I worked for DC, and created Superbro - Superman's long lost Kryptonian twin brother, aka Tal-El - I don't think I could rightfully say I came up with that all on my own.  Clearly, the character would have all of the attributes of a Kryptonian under a yellow sun, and he might even wear the "S" shield, since he's from the House of El, but is that an original creation?  Siegel & Shuster created most of that - all I did was apply another name to it.  I should get credit for the name, and that's about it. 
     
    With Image though, creation or co-creation means ownership or co-ownership.  Under those circumstances, if I create Breakdancing Spawn for a Spawn book, I should expect to wholly own that character, even though it's derivative of Spawn? 
     
    Look at it another way: what if I'm working on Invincible - an Image title, so still subject to the creator/owner rules - and create Breakdancing Spawn for that story?  Did I create an original character, or rip off the Spawn idea?  Am I entitled to full ownership in that circumstance?
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    MTHarman

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    #47  Edited By MTHarman

    There is hardly no such thing as creativity when its used only for profit gaining, so far the only people I see who care about their own artwork is when theres a possible huge paycheck behind it. 
     
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    Decept-O

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    #48  Edited By Decept-O

    This doesn't show McFarlane in a very positive light, and makes you wonder about the "old days" regarding Liefeld and all the contentions back then regarding accusations of character swiping and other problems.   
     
    IF I recall correctly, didn't Erik Larsen defend Rob Liefeld, stating that McFarlane was actually the cause of a lot of the problems?  Maybe I am wrong, been so long ago.   Neil Gaiman is an excellent writer and hate to think anyone would try to stiff the gentleman, because everything I've ever read about him states he IS a gentleman.   There are always two sides to every story, but whatever the case, it is good there at least is some type of resolution to this matter.
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    bloodwulf

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    #49  Edited By bloodwulf

    I'm not a McFarlane fan. Just wanted to make that clear. Neil, all you did was put Spawn on a horse! Is that really creating a new character? How did you get away with this?!

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    cbishop

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    #50  Edited By cbishop
    @Impling said:
    ""and I will make some comics charities very happy." ~Neil Gaiman " And that is why we love Neil Gaiman! "

    Someone said basically this on twitter, and Erik Larsen's response was essentially: so he rips off someone else's character then gives the proceeds to charity, and for this we love him?

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