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Fantasy Giants Settle Long-running Copyright Suit
Neil Gaiman, Todd McFarlane reach a settlement in decade-old Spawn copyright
lawsuit
MADISON, Wis. (AP) -- Fantasy industry giants Neil Gaiman and Todd McFarlane finally called a truce
in their long-running legal feud over who owns which characters in the Spawn
universe, according to court documents.
Gaiman and McFarlane have been sparring for a little more than a decade over
royalties from a handful of characters from the Spawn comic book series. Their
attorneys filed a joint notice Friday in federal court in Madison saying they've
reached a deal.
Bing: Find out more about fantasy author Neil
Gaiman | Comic book artist Todd McFarlane
Jeffrey Simmons, one of Gaiman's attorneys, said terms of the agreement were
confidential. A jury had already found Gaiman a 50 percent owner of content in
two Spawn issues and the first three issues of a Spawn spin-off. Simmons said
reiterating that declaration would block any appeal.
"This is intended to put an end to the whole thing. It's fair to say both
parties are pleased to have this resolved," Simmons said.
McFarlane's attorney, James Alex Grimsley, didn't immediately return messages
Monday.
McFarlane created Spawn in 1992 for his startup comic book company, Image
Comics. The series chronicles the adventures of a murdered CIA agent who becomes
a demon. The series has been fairly successful. Image Comics released the 215th
issue this month, and the series has generated action figures, an Emmy-winning
HBO series and a 1997 movie that grossed $87 million worldwide.
In January 2002, Gaiman sued McFarlane in federal court in Madison, arguing
he was a co-owner of supporting characters Medieval Spawn, a demon similar to
Spawn that Gaiman created in the ninth issue at McFarlane's invitation; Angela,
a red-haired, scantily clad angel who works as a bounty hunter that Gaiman also
created in Spawn No. 9; and Cogliostro, a one-time Spawn ally.
A jury ruled in Gaiman's favor later that year, granting him joint ownership
of the copyrights for Spawn No. 9 and No. 26, the three-issue Angela spin-off
series and the Medieval Spawn, Angela and Cogliostro characters.
He and McFarlane have spent the last nine years trying to figure out how much
money the three characters have generated and the amount of royalties that
Gaiman deserves.
In early 2010, Gaiman filed an additional claim, arguing the demon Dark Ages
Spawn and two more angels, Tiffany and Domina, were derived from Medieval Spawn
and Angela, respectively, and should figure into the accounting. Despite
McFarlane's arguments that the characters are unique and express broad concepts
in the Spawn story, U.S. District Judge Barbara Crabb ruled in August 2010 that
Gaiman deserved royalties from them as well.
The two sides haven't arrived at a final number.
The joint notice asks Crabb to approve the settlement and dismiss the case.
It is unclear when Crabb might make a decision.
Gaiman, who lives in northwestern Wisconsin, wrote the "Sandman" comic book
series. His novels include "American Gods," "Coraline" and "The Graveyard Book,"
which won the John Newbery Medal.
McFarlane illustrated a number of mainstream superheroes, including Batman
and Spider-Man, before co-founding Image Comics. He also manufactures action
figures and made headlines in 1999 when he paid $3 million for the baseball Mark
McGwire hit for his then-record 70th home run in a season.
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