Good for Neil.
Neil Gaiman
Person » Neil Gaiman is credited in 891 issues.
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
" 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?! "It's beyond me as well.
@cbishop said:
" @Impling said:And that's why we love Erik Larsen!""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? "
Gaiman is a good guy and all from what I gather, but to go to these extremes and claim total creativity for a character that, like people have said, is totally and 100% derived from McFarlane's own creation, Spawn, is just complete and utter bull. And then he wins the lawsuit! I saw someone above say that this whole thing is just to get back at McFarlane, and a good portion of me believes that that's exactly why Gaiman is doing this.
"@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. "
I can't get past that Spawn was more upset about being white than he was that his wife moved on. I mean I literally can't get past it. I aquired the first 30 or so issues and stopped reading at issue 4 and got rid of them.
If the art became good sometime after, that's great but the whole book belonged in the toilet for the first four issues at least.
"@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? "
Actually, Gaiman is a very good writer and McFarlane is a very bad writer.
It doesn't matter who is at fault, we all love to see the hero kick the crap out of the villain.
Pay up. Simple as that. Do the right thing and save some face and pay up right quick like instead of being a super jerk and dragging your heels.
"And that's why we love Erik Larsen! Gaiman is a good guy and all from what I gather, but to go to these extremes and claim total creativity for a character that, like people have said, is totally and 100% derived from McFarlane's own creation, Spawn, is just complete and utter bull. And then he wins the lawsuit! I saw someone above say that this whole thing is just to get back at McFarlane, and a good portion of me believes that that's exactly why Gaiman is doing this. "
Its derived from McFarlane's creation, but Medieval Spawn has a different backstory & history from Spawn so he's a different character. Its the same as Hal Jordan & Alan Scott.....sure they've both been Green Lanterns, but they are completely different characters.
And besides, it still doesn't excuse McFarlane not paying Gaiman royalties for Angela & Cogliostro. Those are completely original characters that have been used in adaptations of Spawn to other forms of media without Gaiman seeing a dollar.
Can someone explain this to me? I get the idea of that he won the trial and he is owned money, ok, but: why can't someone working in the same series use his designs?
I mean: when somebody is payed to work in a comic and creates a new charactrer, is he payed everytime that the character or the new design is used? I don't know the answer. If the answer is "yes" then I get it, if not I don't get it.
He was payed for doing a comic issue that owns to a series, so he created it using the series lore in the first time, so why is he owned money for create something based on something that was created before?
Haha.... I would've loved to be a fly on the wall (or Antman in the Air Ducts) when Todd McFarlane was giving his opening defense, trying to enlighten the judge on the multiple internal timeline changes of Spawn's mystical history.... haha. Probably went something like.... "Court is now in session"... *Snore* *Snore*...... "GUILTY!!!".... "Court is ajourned!"
"@cbishop said:"@Impling said:Actually, Gaiman is a very good writer and McFarlane is a very bad writer. It doesn't matter who is at fault, we all love to see the hero kick the crap out of the villain. """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? "
One: it has nothing to do with their writing abilities (although I agree with your assessment).
Two: Gaiman didn't just "kick the crap" out of Todd, he "kicked the crap" out of the creator owned comic industry. I wasn't into twitter before this, but I've been following a bunch of industry guys since this happened. This case has basically changed things so that creator-owners now have to make collaborators sign work-for-hire contracts, in order to avoid derivative characters being owned by someone else. That's F'n nuts. He's just forced creator-owners to operate like the Big Two. I say this is a black day and black eye for comics.
Is Gaiman due his royalties for original characters created? Yes. Absolutely. Suing Todd over Dark Ages Spawn (and DAS opens up whole other issues) and over Medeival Spawn royalties is stupid. He has a 50/50 stake in Med' Spawn now. Big deal. Will the character ever get used again? It depends - can it be used without McFarlane's agreement to do so? Also, who in the creator-owner field is going to work with Gaiman now? No one is going to want to, without a mighty specific contract.
A contract should be a good thing, but in comics, a work-for-hire contract means that the level of creativity and originality dips way down, because who's going to put their best work into something they don't own? If it's not written by the creator now, you can expect it to be crud. Yeah, way to go, Gaiman - you sure showed 'em. Jerk.
Ok I must be the only one who sees something really wrong with this. Let me see if I have this right.
Todd McFarlane invites Neil Gaiman to work an issue of McFarlane's comic. Gaiman decides to 'create' a variant of the character McFarlane created and simply bring him back 1000 years. Doesn't even do anything really original with the character. The costume is essentially the same, and he is even called "Medival Spawn". But its the same character. McFarlane decides to play with a variant of the variant of his own original character.
And now he owes this guy money?
That's a crock, I'm sorry. I'm all about giving people what they are owed for their ideas, but seriously? These comic artists and writers coming in claiming rights for their time playing with other people's characters or characters they sold is getting ridiculous. If Gaiman created a Medieval Spawn comic without McFarlane's permission, he'd get slammed. Someone needs a dose of common sense.
" @Enyalios: I believe Dark Ages Spawn was created so that Todd could avoid paying Gaiman royalties for Medieval Spawn...they had a contract and McFarlane violated it, not paying Gaiman the royalties they agreed on...however in all reality, the only reason this court case exists is because of Gaiman and McFarlane fighting over the Miracleman rights which I believe has been resolved as well (after so many years) since Marvel is reprinting that stuff now "
TOTALLY This.
in comics, a work-for-hire contract means that the level of creativity and originality dips way down, because who's going to put their best work into something they don't own? If it's not written by the creator now, you can expect it to be crud."
Considering the quality of your average Image comic vs the quality of the average comic put out by the evil Marvel and DC companies, I'd say this isn't that big of a problem.
"Considering the quality of your average Image comic vs the quality of the average comic put out by the evil Marvel and DC companies, I'd say this isn't that big of a problem. "
What was the last good DC story? Blackest Night? What was original about that? It played on the current trend of zombies in comics (and may have killed the enthusiasm for any new zombie titles), and it introduced several more colors of Lantern Corps. So they changed the GL color and called it new. Whoopee. Now, they wrote a decent story and had some cool moments with it, but there really weren't any original ideas in there.
Marvel's biggest surprise moments of the last few years have been "There's somebody else in the costume!" While interesting, it's not original.
Point is: sure, DC & Marvel are putting out some nice stories, but when was the last time you saw anything original added to those universes?
Image has its share of crud, but they've put out some great books too, and crud or great, it was all original. That's not even the point though. The point is creators now save their original stuff for creator-owned properties. Gaiman's petty way of getting back at McFarlane has almost made it so no originality will be shown unless it's a fully creator-owned-and-produced property (like Savage Dragon - created, written, drawn and owned by Erik Larsen). That should be a crime. As much as I have enjoyed Gaiman's work in the past, this will really color how I look at his future works and whether I buy them. If I was in the industry, there's no way I'd ever work with him. This is one of the worst things to happen to comics in the last 40 years.
I'm glad Gaiman is finally getting Royalties, cause McFarlane was an ass about that. And he should totally get cred for Dark Ages Spawn too. But Tiffany and other angel hunters created since Angela are McFarlane's creations as far as I'm concerned, especially since Todd did all the art for the original Angela Issue. Gaiman just wrote the story and most of the similarities are in the artwork. So half of this lawsuit is BS.
Anyhow I love both of their work, regardless of their differences.
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