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  1. #1
    More human than human. Johnny P. Sartre's Avatar
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    Default Ghost Rider Decision Overturned - Gary Friedrich Vs Marvel Comics Could Go To Trial

    http://www.hollywoodreporter.com/thr...victory-566170
    In late 2011, after a movie starring Nicolas Cage had come out, a federal judge ruled that Friedrich had handed over rights to Marvel in contracts as a freelancer working for the studio in the 1970s.On Tuesday, the Second Circuit Court of Appeals vacated that ruling, saying that the judge had erred in granting summary judgment and that the contracts that Friedrich signed were "ambiguous" and needed further investigation at trial. Here's the full ruling.


    Like many contributors to Marvel's stable, Friedrich worked under the so-called "Marvel Method" of creation, and in this dispute, Marvel asserted that the Ghost Rider characters and story were created through a collaborative process with Marvel personnel and resources.

    At primary issue in this case is who controls the renewal term of the Ghost Rider copyright. Copyright law confers multiple terms -- an initial term of 28 years and a renewal term of 67 years. When Congress enacted changes to copyright law in the mid-'70s, the purpose of the renewal term was to "provide authors a second opportunity to obtain remuneration for their works" and "to renegotiate the terms of the grant once the value of the work has been tested."
    After learning that copyright law allowed a renewal of the term to vest with the original author, Friedrich filed for, and received, a renewal and copyright registration for his work in Spotlight #5, and then sued Marvel and their licensees for copyright infringement and other claims.

    At the District Court level, a judge ruled that Friedrich's 1978 agreement with Marvel where he agreed to grant "to Marvel forever all rights of any kind and nature in and to the Work" precluded Friedrich's claims over ownership, as he had given up the renewal term.


    But 2nd Circuit appellate judge Denny Chin says not so fast, saying that the 1978 contract "is ambiguous on its face," pointing to a sentence that defined the work as "ungrammatical and awkwardly phrased" and unclear "whether it covered a work published six years earlier" and "whether it conveys renewal rights."

    As the judge notes, there is a strong presumption against the conveyance of renewal rights, and in this decision, Judge Chin goes out of his way to give Friedrich the benefit of the doubt. At the time of the 1978 deal, the appeals judge says:

    "Spotlight 5 had been published six years earlier by a different corporate entity (Magazine Mgmt.) and had grown so popular that Marvel had already reprinted it once and had launched a separate Ghost Rider comic book series. Given that context, it is doubtful the parties intended to convey rights in the valuable Ghost Rider copyright without explicitly referencing it. It is more likely that the Agreement only covered ongoing or future work. Hence, there is a genuine dispute regarding the parties' intent for this form contract to cover Ghost Rider."


    The judge adds that when Friedrich made his deal with Marvel in 1978, he could have entered into an "employee for hire" relationship, but not necessarily one that rendered Ghost Rider as a "work made for hire" ex post facto.

    Marvel also argued that Friedrich's claims were barred by the statute of limitations because it had repudiated his ownership claims long before the comic book writer had brought his lawsuit. Marvel also pointed to widely circulated news reports about a movie that allegedly implicitly repudiated Friedrich's ownership claims. The Second Circuit says it is too soon to give Marvel these points, but the statute of limitations does appear to be an issue that will be addressed now that the dispute has been remanded back down to the trial court for more consideration.


    In today's ruling, the appeals court also has to consider whether the trial judge erred by denying Friedrich's own motion for summary judgment that he is the unquestionable author of Ghost Rider.
    What an very interesting development! I hope that Friedrich wins this case and doesn't have to pay that fucking ridiculous $ 17.000 sum
    Last edited by Johnny P. Sartre; 06-11-2013 at 02:02 PM.
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  2. #2
    ❤ Walking with thee ❤ Ian Pressman's Avatar
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    Good for you, Gary! Go get your money!
    I can ruin you with two sentences.
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  3. #3
    Senior Member Zagreus's Avatar
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    Very nice.

  4. #4
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    Wow better send the mickey lawyers. That's good though
    Last edited by shadowmon; 06-12-2013 at 12:02 PM.

  5. #5
    Senior Member Shawn Hopkins's Avatar
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    Awesome. I got to meet Gary at a recent con, wish him good luck. Hope this works out in his favor.

  6. #6
    Elder Member king mob's Avatar
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    I hope all the people gloating previously that the ruling against Friedrich was the law and he should abide by it or fuck off, are now feeling suitably ashamed of themselves.

  7. #7
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    Default MCU: Friedrich vs. Marvel

    Quote Originally Posted by king mob View Post
    I hope all the people gloating previously that the ruling against Friedrich was the law and he should abide by it or fuck off, are now feeling suitably ashamed of themselves.
    Unfortunately those people you refer to are bitter and anti just about everything and form that cancerous nodule that has been growing in fandom in recent years.Good for Friedrich because I think whether he wins or not that eventually work for hire in creative endevours will be thrown out as illegal which it should have been years ago. A contiuation of indentured servitude is all work for hire is.Check out the Hyperion Records lawsuit from a couple of years ago over in Britain for a possible spin to this story.

  8. #8

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    YAY! CREATOR RIGHTS!!!

    Wouldn't it have been simpler in the long run to just pay the creators of these Marvelous and Distinguished Creations their just due.

    Especially ancillary rights..not necessarily publishing--but media ( Digital/movies) Toys, etc are a whole other animal.
    Last edited by RolandJP; 06-12-2013 at 07:55 PM.
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  9. #9
    Too late Nick Soapdish's Avatar
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    http://www.hollywoodreporter.com/thr...victory-566170
    But 2nd Circuit appellate judge Denny Chin says not so fast, saying that the 1978 contract "is ambiguous on its face," pointing to a sentence that defined the work as "ungrammatical and awkwardly phrased" and unclear "whether it covered a work published six years earlier" and "whether it conveys renewal rights."
    Man, whoever wrote those contracts up is going to be so fired.

    I hope that he wins (and manages to get his money instead of some clever accounting that "proves" that Ghost Rider has actually been losing money for Marvel. But I especially hope that it's not just on "awkward phrasing". I mean, it's the soul of the law, but I'd like some precedent as well.

  10. #10
    Idaho Spuds Slam_Bradley's Avatar
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    Quote Originally Posted by Nick Soapdish View Post
    Man, whoever wrote those contracts up is going to be so fired.
    Given the time period it's damn unlikely that that individual is still there.

  11. #11
    Hey, Larry! Darrell D.'s Avatar
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    Quote Originally Posted by Slam_Bradley View Post
    Given the time period it's damn unlikely that that individual is still there.
    Were those the contracts that Shooter had everyone sign? If so, DAMN.

  12. #12
    Too late Nick Soapdish's Avatar
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    Quote Originally Posted by Slam_Bradley View Post
    Given the time period it's damn unlikely that that individual is still there.
    It saddens me that you think so little of me that you didn't realize that it was a joke. Saddens and hurtens.

    I guess that I should've used a smiley.

  13. #13
    Idaho Spuds Slam_Bradley's Avatar
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    Quote Originally Posted by Nick Soapdish View Post
    It saddens me that you think so little of me that you didn't realize that it was a joke. Saddens and hurtens.

    I guess that I should've used a smiley.
    All work and tons of stress make something something.

    Glad to see that Friedrich will get a trial.

  14. #14
    Too late Nick Soapdish's Avatar
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    Hey, you killed my smiley!

    Sorry that work is so much "fun" right now.

  15. #15
    Elder Member Froggy's Avatar
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    Quote Originally Posted by Slam_Bradley View Post
    All work and tons of stress make something something.

    Glad to see that Friedrich will get a trial.
    This

    Hope he gets a good outcome in the trial too
    they label me a villain cause of how I express my feelings

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