Creator Rights

Recently Gary Friedrich sued Marvel for using Ghost Rider in a movie saying he owned the rights to him since 2001. While I can’t comment on the specifics of this case it did make me think about creator rights. Now in the comic book industry the battle for creator rights started heating up in the late 1970’s and early 1980’s. I don’t want to discuss the history of this. You can find that anywhere on the internet as well as what I do want to talk about. I want to talk about the injustices that have been done to creators since then. Sure when the battle for their rights had ended many old time artist got their original art back and some of them got credit on the books of the characters they created as well as some cash back that was long over due. There were even companies that started publishing books that were creator friendly who let them keep their rights from the first issue. How many of those companies are still around today? There are a few when the dust finally cleared but not as many as there was when it started. The ones that are still around are owned out right or in part by the major companies. But, as Peter David would say, I digress. It seems to me that I am always hearing that the major companies are always using legal maneuvers to dodge paying the creator the money that is owed to him. I don’t know if this is the case with Mr. Friedrich but it may be and it has happened before. From Siegel and Shuster’s Superman to Steve Gerber’s Howard the Duck to Tony Isabella’s Black Lightning being replaced by Black Vulcan in the Superfriends and up to today. Another example is Marv Wolfman who actually created Nova as a fan in an early fanzine. When he brought it to Marvel he made a few changes and that was where he made his mistake. While in my mind and the minds of many comic book fans he is the true and sole creator of Nova and should have all the rights. However, the legal system said that there were enough changes that it was now considered a new character and considered a work for hire so that all rights to the character belong to Marvel Comics. Even the late and great Archie comics artist, Dan DeCarlo, was suing Archie for his creator rights on Josie and the Pussycats before he passed away. They had just made a movie out of the characters and Mr. DeCarlo said he created them on his own. He was on a cruise with his wife, Josie DeCarlo, and she put on a cat outfit that inspired him to create Josie and the Pussycats. He was still employed by Archie at the time but when he sued them as the movie went into production Archie comics fired the man after 4 decades of faithful service to them. Now from a business standpoint I understand how you would not want to keep an employee who is suing you but it isn’t a nice thing to do. You could work it all out if you would just communicate. Don’t slam the door in their face. Better yet the company should just pay the creator for their creations. Many of them have been loyal and faithful to the company for years and want to continue the relationship. If you pay them it is a win/win situation. The company makes money and so does the creator. The best part of all is that the company can avoid bad publicity nasty lawsuits that will cost them just as much or more to defend then if they paid the creators. Anyway that is my two cents on the situation.