Day: October 3, 2002

Well, now *this* is interesting. Mere hours after I express concern that Todd would glide past another one, a Wisconsin all-female jury stuck their collective foot out and tripped him up. Details can be found on icv2.com, but the bottom line is that the jury found in Neil Gaiman’s favor on all nine counts. Among other things, they affirmed Neil’s copyright interest in the characters he created (and you’d think that creator-loving Todd wouldn’t need a group of women in Wisconsin to tell him that, wouldn’t you), that Todd broke assorted contracts, and that Image had no right to use Gaiman’s name and bio without his permission in the Angela trade reprint (Hey! Instant collector’s item!)

The most amusing bit was McFarlane’s attorney stating that the verdict was a “nightmare” since it simultaneously held at Neil had copyright interest in Cagliostro and Spawn, but that there was also a contract in 1997 in which Neil had agreed to transfer the rights in exchange for Todd’s interest in Miracleman. Amazingly, the attorney didn’t seem to realize that both were true because his client had violated the 1997 agreement. It’s like saying, “How can you claim my client saw a stop sign AND broke a traffic law?” Obviously, because the client then ignored the stop sign.

Now…if Todd’s people have *any* brains at all, they settle. Fast. Before the penalty phase. Advantage to Neil? It puts an end to the inevitable appeals that McFarlane will try to run the case through. Advantage to Todd? It means he has some control over how much money he has to pay out. Juries can be weird. Remember how much money they demanded he pay Tony Twist, and that was in a case far more ludicrous than this one.

On the other hand, the creator of Spawn may count on being Todd McTeflon and figure he’ll win on appeal. At the very least, he can try to drag it out. And drag it out. And drag it out. Not every judge is the speed demon that Judge Shabaz is. But it seems to me (and I could be wrong) that if Image is found guilty of wrong doing, then the whole company is on the hook. Todd’s partners may be putting a metaphorical gun to Todd’s head at the moment and saying, “Make this go away, NOW, before you bankrupt the whole company.”

Am I happy about this?

God, no. I’m really, really not.

Law suits are grueling, ugly, time consuming, soul-killing affairs. I hate that Neil had to go through it. And I hate that Todd has such weakness of spirit that he gets himself into these things. What a waste of material. What a friggin’ waste.

PAD

Ah, but to find out you’ll have to go here.

The Neil Gaiman/Todd McFarlane trial is currently under way in Wisconsin. Detailed coverage is being provided in such venues as comicon.com, http://www.newsarama.com, and http://www.icv2.com.

In short, McFarlane painted himself as the champion of creative rights, and was since revealed to be–predictably–the champion of his creative rights, but that’s pretty much it. Todd has made no secret of the pride he takes in burning bridges, and that apparently includes bridges constructed with the aid of (in this case) Neil Gaiman. Neil’s contributions to SPAWN not only gave Todd such characters as “Angela,” but it also gave him something even more important: Creative cred. The feeling in the comic industry was that if Neil was, metaphorically speaking, getting in bed with McFarlane, then McFarlane really had something to offer. Turns out he did: What he had to offer was further proof that power tends to corrupt.

Frankly, the current situation worries me. The jury consists of six people who know nothing about comics, McFarlane, Gaiman, or copyright law. I know that’s how our judicial system works, but really–would you want your next coronary bypass to be performed by half a dozen check out clerks at the local Shop ‘N Bag? Six strangers can’t understand that McFarlane lies. That he’s proud of lying. That he boasts about lying (saying he creates “ghost Todds” for interviews.) That he lied on the stand about Tony Twist…and got away with it. Not since John Gotti has anyone been so cloaked in teflon; it’s impressive and amazing to watch in a way. It’s like watching a factory fire…except the factory is magically holding up fine and the rest of the neighborhood is going up.

Neil is in the right and Todd is in the wrong. I’m worried, though, that a jury will be taken in by Todd McFarlane. Why wouldn’t they be? Neil Gaiman was.

PAD