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The creator of Ghost Rider has sued Marvel Enterprises, Sony Pictures Entertainment and several entities over what he claims is an unauthorized "joint venture and conspiracy to exploit, profit from and utilize" his copyrights to the comic book character.
Gary Friedrich and his company filed the 61-page complaint April 4 in federal court in Illinois claiming 21 violations based on the production and marketing of Sony's recent "Ghost Rider," starring Nicolas Cage and Eva Mendes. Friedrich claims the copyrights used in the film and in related products reverted from Marvel to him in 2001.
The defendants include Sony's Columbia TriStar Motion Picture Group, producers Relativity Media, Crystal Sky Pictures and Michael De Luca Prods. as well as Hasbro Inc. and Take-Two Interactive.
Friedrich alleges copyright infringement, and accuses Marvel of waste for failing "to properly utilize and capitalize" on the Ghost Rider character. Marvel's attempts to do so, Friedrich claims, have only damaged the value of his work by failing to properly promote and protect the characters and by accepting inadequate royalties from co-defendants. Friedrich also claims that toymaker Hasbro and videogame firm Take-Two have improperly created merchandise based on the characters.
Friedrich created the character of Johnny Blaze and his alter ego Ghost Rider in 1968. Three years later, he agreed to publish the character in comic books through Stan Lee's Magazine Management, which eventually became Marvel Entertainment.
Under the agreement, Magazine Management became holder of the copyright for the first issue, which explains the origin story of Ghost Rider. Lee's company also held the copyrights to subsequent Ghost Rider works.
However, Magazine Management allegedly never registered the work with the Copyright Office and, pursuant to federal law, Friedrich regained the copyrights to Ghost Rider in 2001.
"Nonetheless, without any compensation to and without any agreement, consent or participation of plaintiff ... in late 2006 or early 2007, the defendants herein wrongfully embarked upon a high-profile campaign, arrangement, joint venture and conspiracy to exploit, profit from and utilize plaintiff's copyrights, the Johnny Blaze character and persona, the origin story and the related characters and personas created by plaintiff, in various endeavors, including, but not limited to, the use of the same in movie theater presentations and promotions, commercials, action-figure toys, video games, clothing and novels," the lawsuit states.
The "Ghost Rider" film opened February 16 in North America and has grossed an estimated $214.6 million in worldwide box office, according to boxofficemojo.com.
Friedrich seeks unspecified damages for claims of copyright infringement, violations of federal and Illinois state unfair competition laws, negligence, waste, tortuous interference with prospective business expectancy, misappropriation of characters, unauthorized use of the characters and false advertising and endorsement.
A Sony spokesman said the studio had no comment on the suit and had not been served with the complaint.
Reuters/Hollywood Reporter
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That's dumb of Friedrich. He created Ghost Rider in 1972 for Marvel, on a work-for-hire basis, meaning Marvel owns the character, and Friedrich, by his agreement at the time with Marvel, condsented to this contract and Marvel's ownership of Ghost Rider.
I've seen a lot of these cases, I don't know of any that have turned out in the creator's favor.
Carmine Infantino sued DC for ownership of Batgirl.
Joe Simon sued Marvel for ownership of Captain America.
Marv Wolfman sued Marvel (when the movie came out) for ownership of Blade the Vampire Slayer.
Steve Gerber sued Marvel for ownership of Howard the Duck.
I don't see anything to indicate Friedrich has a snowball's chance in hell with this lawsuit.
Though like I said with Infantino's case, more power to him if he can pull it off.
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Nodell settled on Green Lantern. Wolfman lost his case in court. I did know where the Superboy litigation was at but I forget.
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How does one ensure ownership of their characters?
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Quote:
Adrian Tullberg said:
How does one ensure ownership of their characters?
Step One: Don't sell them to Marvel or DC.
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Quote:
Adrian Tullberg said:
How does one ensure ownership of their characters?
It depends upon how your contract with your publisher is worded. Most publishers have "work for hire" clauses - all copyright created by the writer or artist in the course of the contract are owned by the publisher.
But if you have characters that haven't been published and you want some measure of protection, what you can do is go to www.copyright.gov and register it. Its cheap and its easy to do. The big publishers tend to register them as trademarks, which give (as I understand US law such as the Lanham Act) a broader scope of protection.
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Rob Kamphausen Administrator donjuan de la nootch Tue Apr 10 2007 12:52 PM Reading a post in flat mode
"Ghost Rider" creator sues over copyright
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Karl Hungus User Rayson E. Adlerkins Tue Apr 10 2007 12:58 PM Reading a post in flat mode
"Ghost Rider" creator sues over copyright
It's kind of cute how Karl follows Rob around...
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Quote:
Wonder Boy said:
That's dumb of Friedrich. He created Ghost Rider in 1972 for Marvel, on a work-for-hire basis, meaning Marvel owns the character, and Friedrich, by his agreement at the time with Marvel, condsented to this contract and Marvel's ownership of Ghost Rider.
I've seen a lot of these cases, I don't know of any that have turned out in the creator's favor.
Carmine Infantino sued DC for ownership of Batgirl.
Joe Simon sued Marvel for ownership of Captain America.
Marv Wolfman sued Marvel (when the movie came out) for ownership of Blade the Vampire Slayer.
Steve Gerber sued Marvel for ownership of Howard the Duck.
I don't see anything to indicate Friedrich has a snowball's chance in hell with this lawsuit.
Though like I said with Infantino's case, more power to him if he can pull it off.
yeah but the Siegels sued DC for Superboy and managed to convince a court that it was a different character than Superman so you never know.
Bow ties are coool.
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the precedent so far is pretty much against the creators. Friedrich's chances aren't too good. I remember reading about Wolfman's case in The Comics Journal several years back.
Wolfman was suing for Blade, Nova, etc. pretty much all the characters he's created at Marvel (and in Nova's case, created before coming to Marvel). Problem was, Wolfman had never done his paperwork way back then and basically was operating under the impression that the agreement with Marvel was similar to a regular publishing agreement (that of first rights to project, rights reversion, etc.) while Marvel was in full on "work for hire" mentality.
It sucks for those creators because like the early creators in the industry they got taken advantage of, but bottom line is it amounts to them not doing their homework on the business end of things.
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I'm not sure that most of these creators "got taken advantage of."
Sure, an argument can be made that the guys in the 40s and 30s were ripped off. They were usually young guys, in their twenties (or maybe younger in Siegel's case) who were starting work in a more or less brand new field.
But the guys from the 70s, like Wolfman, Friedrich and Gerber, these guys went in with eyes wide open. By the late sixties, people like Neal Adams (in the mainstream) and the underground cartoonists were already pointing out what work for hire really meant and every one in the field had seen what had happened to Siegel, Shuster, etc. Furthermore, most of these guys were college educated and, presumably, had access to basic "copyright basics for writers" classes at their schools.
The simple fact of the matter is that most of these guys created these characters as throwaway junk, never thought they'd be worth shit, and so they signed them away without a moment's hesitation. It wasn't until someone turned them into big money movies that the writers suddenly felt "taken advantage of."
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Its not until then that its worth the expense of litigation.
I repeatedly see very experienced business people, not even necessarily in a creatve industry, get bitten by copyright ownership. So its hardly a surprise that even someone like Wolfman, who was once top of the game, get stung by this.
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Quote:
the G-man said:
I'm not sure that most of these creators "got taken advantage of."
Sure, an argument can be made that the guys in the 40s and 30s were ripped off. They were usually young guys, in their twenties (or maybe younger in Siegel's case) who were starting work in a more or less brand new field.
But the guys from the 70s, like Wolfman, Friedrich and Gerber, these guys went in with eyes wide open. By the late sixties, people like Neal Adams (in the mainstream) and the underground cartoonists were already pointing out what work for hire really meant and every one in the field had seen what had happened to Siegel, Shuster, etc. Furthermore, most of these guys were college educated and, presumably, had access to basic "copyright basics for writers" classes at their schools.
actually I agree with this part of your statement. it's pretty hard to imagine how they would not have some sort of understanding of what they were getting into.
I think they were kind of dazzled by breaking into the industry and getting paid to do what they liked. Starstruck, if you will.
Quote:
The simple fact of the matter is that most of these guys created these characters as throwaway junk, never thought they'd be worth shit, and so they signed them away without a moment's hesitation. It wasn't until someone turned them into big money movies that the writers suddenly felt "taken advantage of."
this part, however, I can't agree with. I don't think any creator who actually cares about what they do considers anything to be made as "throwaway junk." and if they do, then they're a hack. (not that there weren't and aren't still plenty of hacks in the industry. . .)
and I'd have to agree with Dave's assessment that before big money films were made, there wasn't a whole lot of reason to sue over them.
Marvel should've done like DC did in the eighties and started a creators royalty program. might've saved them a lot of headaches.
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But Stan Lee created everything...........please try to keep up!
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Quote:
Grimm said:
this part, however, I can't agree with. I don't think any creator who actually cares about what they do considers anything to be made as "throwaway junk." and if they do, then they're a hack. (not that there weren't and aren't still plenty of hacks in the industry. . .)
I was thinking specificlly of Howard the Duck and Blade.
Gerber originally used to talk about how he threw the Duck into the story as a quick one shot gag and never antipated him developing a following. Blade was just one of a number of characters that Wolfman created for Tomb of Dracula and wasn't even Drac's main nemisis.
Both characters seemed to be (and in Gerber's case he admitted they were) characters that were thought up relatively quickly, to fill pages in a single issue of an ongoing book. That's what I meant by throwaway, that they were originally conceived of as "one shot" characters.
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I think the same could be said for characters like The Punisher & Wolverine.
I dont think either were created to be anything other than supporting characters.
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I've heard that Wein created Wolverine with the idea of bigger and better things and that's why he moved him over to X-men. But you never know
The Punisher is a real odd case because Gerry Conway "created" him by shamelessly ripping off Don Pendleton's " Executioner" character, down to pretty much every detail other than his civilian name and the fact that the Punisher wore a big white skull on his chest.
If Conway's never tried to sue I suspect that his motive for not doing so was the realization that he'd be opening himself up to plagarism claims from the Pendleton estate.
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Quote:
Nowhereman said:
I think the same could be said for characters like The Punisher & Wolverine.
I dont think either were created to be anything other than supporting characters.
The Punisher was supposed to be a one time villain in Spider-Man.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Quote:
Grimm said:
It sucks for those creators because like the early creators in the industry they got taken advantage of, but bottom line is it amounts to them not doing their homework on the business end of things.
But it sounds like Friedrich has done his homework with the point about having re-established his own copyright in 2001.
If it makes Friedrich feel any better, I didn't, and don't plan to, ever see GHOST RIDER.
We all wear a green carnation.
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I haven't been able to force myself to go see Ghost Rider. I've already sat through too many crappy comic films. I couldn't take this one.
Wein created Wolverine with full knowledge that they would be revamping the X-Men into the multi-cultural "all new, all different" version of the team, and put him into the Hulk as a tryout. it was an early testing of the waters.
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Thats right, Wolverine was created as a supporting character, not a character that could support his own title or be a big movie star!
X-Men at the time was a failing title so putting Wolverine in a revamped book was about as disposable as a character could be.
If the book failed, he'd be washed away with the rest of the characters into limbo, and nobody would care as he was not an established character as such (one outting in the Hulk does not make him established).
Characters like Nova, for instance, were created to be stars, hence the fact he was given his own title, in hopes that his character would be the next Spidey or Thor, and have decent sales!
Characters created to be supporting characters, one off villains or to be part of a risky team relaunch, to me are essential created to be disposable!
Its funny though, that those "disposable" characters end up being the stars, while the characters that were given their own titles, end up being supporting characters!
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ah, but with Nova, as I said earlier, Wolfman created him before he worked at Marvel, using him in a sort of "minicomic". all the "new" characters that Wolfman used in Nova were characters that he had created and used in the minicomic previously. which goes back to the point I made earlier about Wolfman not doing his homework on the business end of things. he unwittingly gave up the copyrights to these characters as well as the Tomb of Dracula characters.
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I just used Nova as an example!
I could have easily chosen the hugely successful Black Goliath, or The Human Fly!
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Ghost Rider was a good fun movie, I don't know why so many people have pre-judged it. It's a fucking comic book!
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Quote:
britneyspearsatemyshorts said:
Ghost Rider was a good fun movie, I don't know why so many people have pre-judged it. It's a fucking comic book!
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I liked Nova. Still do.
He's just another case of a good character with much potential that was not written well.
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I totally disagree.
The original Nova was great.
The stories were different to anything else published at the time as they combined the space cop element of Green Lantern with the teen problems of early Spidey, but brought it bang up to date.
In fact I'd go as far as to say, he even had a better supporting cast than most titles as well!
Of course it was later handled even better when they changed his name to Firestorm and moved to DC!
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I still have a half dozen issues of the original Nova run.
I liked it, don't get me wrong.... but I always felt that Richard Ryder should have had a few more powers.. like
Heat vision, etc.
I also felt he should have been an Avenger shortly after his introduction.
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But how does you wanting him to have more powers mean he was written poorly?
From my memory he was way powerful enough, why did he need heat vision?
Also, I seem to remember The Avengers had bylaws that would have prevented him from joining because of his age!
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I would have written Nova just a little differently. I'd have made him able to alter his appearance so that if he had to sneak into someplace, he could have looked like a kid or an old man.
I had plans to add Nova into The Champions, the group I write about, but created my own hero instead, one that was similar. I wanted to give him heat vision, but never did, LoL.
I guess being a writer, I am always thinking of how a character could be worked on.
You are right... I forgot that Nova was too young to become an Avenger!
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Quote:
Nowhereman said:
I just used Nova as an example!
I could have easily chosen the hugely successful Black Goliath, or The Human Fly!
you're still waiting on those Human Fly royalty checks aren't you?
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Quote:
britneyspearsatemyshorts said:
Ghost Rider was a good fun movie, I don't know why so many people have pre-judged it. It's a fucking comic book!
it's the intarweb, and the rkmbs. pre judging and bitching is the standard. a message board god like yourself should know these things. . .
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i suppose i should have said, grimm i cant believe youd stoop to prejudging this movie, its a fucking comic book!
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it was pretty entertaining btw, it wasnt high art whatever the fuck that means, but it was cool seeing ghost rider kick some ass!
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Quote:
Grimm said:
Quote:
Nowhereman said:
I just used Nova as an example!
I could have easily chosen the hugely successful Black Goliath, or The Human Fly!
you're still waiting on those Human Fly royalty checks aren't you?
Actually, wasn't the Human Fly a licensed character?
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Quote:
britneyspearsatemyshorts said:
i suppose i should have said, grimm i cant believe youd stoop to prejudging this movie, its a fucking comic book!
I'm a HUGE GEEK. I prejudge everything. . .
no, seriously, I tried to be open minded. I did. but it just had too much stacked against it for me stay that way. the effects look good, but that's not enough for me. if it was, I probably would've liked superman returns. . .
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Quote:
britneyspearsatemyshorts said:
Ghost Rider was a good fun movie
eva mendes is fucking hot
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Quote:
Beardguy57 said:
I would have written Nova just a little differently. I'd have made him able to alter his appearance so that if he had to sneak into someplace, he could have looked like a kid or an old man.
I had plans to add Nova into The Champions, the group I write about, but created my own hero instead, one that was similar. I wanted to give him heat vision, but never did, LoL.
I guess being a writer, I am always thinking of how a character could be worked on.
You are right... I forgot that Nova was too young to become an Avenger!
So that doesnt mean he was written poorly, that just means they didnt write the character, or create him like you would want.
That'd be like me saying every Batman writer has written him poorly because I think he should be able to fly and should have joined The Doom Patrol!
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Quote:
the G-man said:
Quote:
Grimm said:
Quote:
Nowhereman said:
I just used Nova as an example!
I could have easily chosen the hugely successful Black Goliath, or The Human Fly!
you're still waiting on those Human Fly royalty checks aren't you?
Actually, wasn't the Human Fly a licensed character?
I'm not clicking on those links, because you posted them, but I do remember reading that he was based on a real stuntman or something!
He was still given his own book in hopes he would be a big star!
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