Since everybody loves my Creators' Rights posts: per 20th Century Danny Boy, Gary Friedrich is making good on his plan to appeal the ruling on the Ghost Rider rights.

Quick recap: Friedrich sued Marvel for the rights to Ghost Rider, claiming he had never signed over his ownership stake in the character. (He co-created Ghost Rider with Roy Thomas and Mike Ploog, though he claims he created the character in 1968 and that Marvel failed to register the copyright for the published story in 1972.)

Marvel countersued, on the grounds that Friedrich was selling signed Ghost Rider prints -- and Friedrich is a writer, not an artist, keep in mind, so the art wasn't his work.

The suit ended in a Marvel victory, with Marvel agreeing to drop the countersuit in exchange for $17,000 as payment for the prints and Friedrich agreeing not to refer to himself as "the creator of Ghost Rider" for financial gain.

Friedrich is penniless and in poor health and, as you might expect, regardless of its legal merits this rankled a whole lot of fans and pros.

Speaking of which, you can buy a Generic, Non-Infringing Flaming Skull T-Shirt for $12 at World of Strange, with the proceeds going to Friedrich; the art is by Steve Bissette, Rick Veitch, Bob Burden, Billy Tackett, Nathan Thomas Milliner, Sam Flegal, and Denis St. John.

So now Friedrich is appealing the ruling.

The most interesting piece of new evidence he's introduced: a creator-owned Lee/Kirby Silver Surfer book from 1978. Why this is important, quoting Daniel Best:

At one point during Friedrich's deposition he was asked the following question: "Q. Are you aware of whether any other freelance writer of Marvel comic books owned the rights in any of the characters or stories created by that writer," in relation to the period of 1971 to 1978. The answer was no, and Marvel's lawyers accepted that, for the understanding in this case is that everything produced by Marvel in the 1970s at least, belonged to Marvel and was duly copyrighted. This isn't the case. In 1978 Marvel published The Silver Surfer, a graphic novel which contained a copyright legend naming not Marvel, but the books authors - Stan Lee and Jack Kirby. Importantly it falls on the cusp of the work-for-hire contracts, but a savvy lawyer might well be able to argue that Marvel did indeed produce work that was owned not by the company, but by the authors from the time period of 1971 to [1978]. Unfortunately this news might have come a bit late to be of any use to Gary Friedrich, but the battle isn't over yet.

The book seems like a pretty serious outlier; it was a case of Kirby, already unhappy with his work-for-hire situation with Marvel, pushing for a different arrangement (and indeed a different publisher, as the book was published by Simon and Schuster). I find it hard to believe that a court will rule that Friedrich's work on Ghost Rider was not necessarily for-hire just because Kirby and Lee put out a creator-owned book with a Marvel character six years later.

The previous ruling did hinge on Friedrich signing back-of-the-check contracts, and that sticks in my craw. Back-of-the-check contracts are coercive (you already did the work expecting to be paid for it, and the company only shows you an agreement to sign after the work is already done?) and I would very much like it if an appelate court determined that they are not legally binding.

But I still don't think that's going to help Friedrich. The judge in Marvel v Kirby determined that Kirby's work was for-hire based on the instance-and-expense test and stated outright that it was irrelevant whether he signed a back-of-the-check contract or not. Similarly, precedent doesn't necessarily favor Friedrich's "I created the character 4 years earlier" argument; even if he can prove it, the judge in Wolfman v Marvel ruled that the Blade character who appeared in Tomb of Dracula was so substantially different from Wolfman's original pitch as to constitute a distinct, work-for-hire creation.

In short: I don't think Marvel's in the right here ethically, but I don't think Friedrich's prospects look good legally. I hope I'm wrong and I hope he gets something out of this, but I'm concerned that he's doubling down on a losing hand.

Ideally, this would be settled out of court. Ideally, Marvel would open itself to renegotiation with its pre-1980 creators and allow them to get the same equity deals that current creators do (something that DC has done -- DC's not perfect but it's better than Marvel on this subject at this time). Ideally, Friedrich would get some small share of Ghost Rider comics and movies, and be satisfied and not feel the need to sue to get that piece.

But unfortunately I don't see any of that happening. I'm worried that Friedrich is going to be pounded into the concrete once again -- but if he does win, it'll be a great thing not just for him but for creators everywhere.

TV interview, September 24, 1984. (One week before my second birthday!)

The absurdity of Serious Music, and a couple of news folk who quite obviously don't get him but at least seem pretty good-natured about it.

At the company I'm working for, temps' keycards get automatically disabled every six months.

It's a rote thing and I know how it works by now, but it still raises the hairs on the back of my neck. I've got a visceral reaction to coming in and finding myself locked out, something left over from the job last year where I just came in one morning (a 30-mile drive for a 6 AM report time) and they told me I'd been fired.

I know that was an anomaly. I've only ever been fired from that one job; it was a fluke, and by now I know about the security procedures here and can think of things like "Oh, it's the first day of the month that marks one year I've been here? Yeah, that sounds like an expiration date."

But even though I know, calmly and rationally, that it's no big deal and I just need to go up to the front desk and get my account reinstated (and damn it, the guys I work for now are decent human beings and wouldn't do that to me), I still get that sinking feeling in my stomach; maybe it is happening again.

As traumas go, I suppose getting fired from a crappy temp job is a pretty minor one. But it definitely left an impression with me.

Lord, have mercy on the people in England
For the terrible food these people must eat.

Performed by the London Symphony Orchestra, 1983; album released 1987.

You know, sometimes I idly wonder how long I can keep up the Zappa-post-a-day thing without repeating myself, or starting to just dump every concert video I find on YouTube, or generally start to lag.

Truth is, I think I could sustain this for quite awhile just restricting it to things I can tangentially tie to London and/or the Olympics.

Today's adventure: trying to figure out how to get two rather large pallets of networking equipment from the curb to the NOC. Without a pallet jack.

But hey, at least it was only 99 degrees out.

More Zappa in London -- this time an interview on Capitol Radio. He discusses Sheik Yerbouti, his frequent band changes, being a connoisseur of stupidity, sexual repression, stupid love songs, and his contempt for everyone and everything.

Dear everybody who has ever mailed me back a filthy keyboard,

I don't mail you my garbage for you to throw away.

Maybe someday I'll just mail a user a half-eaten sandwich. Here, have some disgusting trash.

Tags:

Guess this kinda fits the very loose Zappa/Olympics theme, right? Zappa covering some tunes by some boys outta Liverpool?

Not that the last two were terribly topical either.

  • Dark Knight keeps its spot as the best of the three. But this one hung together a lot more consistently than Begins.
  • I think Hathaway wins as the best movie Catwoman. Nice that they remembered "cat" refers to being a cat burglar, not some goofy-ass feline mysticism.
  • For that matter, Hardy of course wins as best Bane, but he could do that just by default given that the previous one was a mute thug in Batman and Robin.
  • It's gotten progressively harder to ignore the right-wing fantasy element of these movies.
  • Not that there's anything wrong with that. I'm a liberal, but -- Superman's original New Deal leanings notwithstanding -- there's something inherently conservative about the superhero genre. (But that's an essay for another day.)
  • Bit too much of characters explaining their philosophies and the themes of the movie in dialogue.
  • Which you can't understand half the time. It turns out my experience watching Dark Knight a few months back with the bass up too high to hear what anyone was saying was an authentic theater experience!
  • And it's an ending. A real, honest-to-God ending. The exact thing that indefinitely-serialized comics lack. (And movies, for that matter -- superhero movie series are rife with finales that the filmmakers didn't know were finales and, thus, lack conclusive endings: Batman and Robin, Spider-Man 3, Superman 4, Superman Returns, even X-Men 3 and Blade 3.) This was a real-ass ending, and it was satisfying.

I expect I'll get into spoilers and specifics later on down the line. But that's it for now.

Continuing the Olympic theme, here's a show at Munich Olympiahalle, 1980.

And if you found this page doing a search for Munich Olympics, I can pretty much guarantee that it is the happiest, most upbeat thing in your search results. You're welcome.