Showing posts from August 28, 2011

Miracleman: Neil Gaiman's Writer's Agreement

This is a document you don't see all that often, and one that Todd McFarlane should have read a bit more carefully when he bought the Eclipse material.  As shown in Neil Gaiman's writer's agreement (aka contract), the copyright to Miracleman was complex, even back then.  The terms for Gaiman's employment was fairly standard at the time, $60 per page, a rate that'd probably not get him to reply to an email now, plus 3% royalty for copies sold up to 50,000 copies and 4% beyond that.  These days if a book sold 50,000 copies it'd be a best seller, back then it was expected that a book would sell at least that, even from a small publisher such as Eclipse.

The more interesting section of the contract is section three which details the character copyright.  Eclipse made it very clear that the writers and artists owned their own work (ie: Gaiman owned the copyright to his scripts/stories) and Eclipse split the copyright to the characters between themselves, 2/3 to Ecl…

Marvel Worldwide, Inc. et al v. Kirby et al - The Appeal May Fail

Just a quick one for all and sundry - it would appear that the recent appeal in the Kirby Estate v Marvel might well fail, and fail on a technicality.  According to the most recent filing from the court, dated the 30th of August 2011, the Kirby side failed to file the appeal properly.  In a one page document the court advises that;

A notice of appeal was filed on August 15, 2011. Appellant's Forms C and D were due August 29, 2011. The case is deemed in default.

IT IS HEREBY ORDERED that the appeal will be dismissed effective September 13, 2011 if the forms are not filed by that date.

If the forms are not filed, correctly, within a fortnight, then the appeal will be dismissed.  It'd be a shame for the Kirby family to come this far only to have the appeal thrown out because somebody forgot to file the paperwork.  Surely lawyer Marc Toberoff, who is no stranger to filing appeals (I've lost count of how many appeals he's filed in the Siegel v DC case), knew beforehand tha…

Neil Gaiman vs Todd McFarlane: Round III - Todd McFarlane On The Stand

You know, there's not a lot I want to say about this right at the moment, other than make sure you read it all - it's one of the few times that you'll get the chance to see Todd McFarlane under oath.  This is the afternoon for the June 14, 2010 Neil Gaiman vs Todd McFarlane court case to resolve the issue of Dark Ages Spawn, Tiffany and Domina.  Appearing for Neil Gaiman was Allen Arnsten and Jeff Simmons, and appearing for Todd McFarlane we have Todd Smith and J. Alex Grimsley.  Appearing on the stand before McFarlane is writer Brian Holguin, who has a few interesting things to say about the creative process where it comes to working with Todd McFarlane.  More tomorrow, but until then, as I always say, sit back, get a drink and enjoy!

THE COURT:  Mr. Arntsen, then are you resting? MR. ARNTSEN:  Yes. The only other matter is the admission of exhibits. And what I propose is that all of the exhibits that the witnesses are asked about just be admitted. Do you have any prob…

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