Speaking of dishonorable behavior by comics publishers ...

In the last entry I wrote of DC Comics:

... the company has a long and dishonorable history of legalistically impoverishing writers and artists who made it a ton of money ...

I am far more familiar with DC than with Marvel, but that doesn't mean I should give the latter a pass on this score.

Scott Tipton's Comics 101 alluded to Ghost Rider creator Gary Friedrich's troubles stemming from his lawsuit against Marvel Comics over ownership of the character. More details and a thorough explanation of why Marvel and its corporate master, Disney, are morally wrong, are available in Eric Larnick's piece for Moviefone. The net result of Friedrich's lawsuit is, he is on the hook to Marvel/Disney for $17,000. Friedrich can't afford to pay. The publisher has the creator over a barrel, and not for the first time -- more like the hundred-and-first.

Because they're making an example out of Gary Friedrich to scare away generations of comic creators from attempting to fight for a share of profits from the work they provided. In this case, a cease-and-desist would have been enough to prevent Friedrich from stepping out of bounds moving forward. Whether you side with Friedrich's specific claim or not, it's indicative of unfair business practices that have plagued the comics industry since the first appearance of Superman. Comic companies want to scare away men -- now reaching their retirement age -- from trying to collect on work they did as freelancers. That work now generates millions of dollars of revenue in movie sales and merchandising.

Definitely look at the slide show following Larnick's article for the stories of several other, better-known creators being screwed by big publishers.

Because there are (at least) two sides to every lawsuit, it seems only fair to point you at Marvel Publisher Dan Buckley's and Marvel Chief Creative Officer Joe Quesada's comments on the Friedrich matter, courtesy of Kiel Phegley and Jonah Weiland of Comic Book Resources.

First and foremost, Marvel has not settled with Gary. What has been misinterpreted as a settlement is a court document that Gary's very own attorneys agreed to, along with Marvel's attorneys. That document basically ends his lawsuit against Marvel at the trial court level with Marvel having won and Gary's case dismissed. By agreeing on a number for the profits Gary made from selling unlicensed Johnny Blaze/Ghost Rider merchandise after the court has decided that Marvel is the owner of that copyright, it allows Gary's attorneys to file his appeal now rather than have Gary litigate further. It is in no way a "fine" or "punishment" for Gary. It is something that the court asked both parties to do and agree upon.

What neither Quesada nor Buckley went on to say, because they were not asked, is whether Marvel/Disney is trying to collect this amount right now, which is the crux of people's concern for Friedrich (and the source of many people's great anger at Marvel/Disney). If this is just a number on a court document, a document required to close out the underlying lawsuit so as to permit Friedrich to file an appeal, then we might be castigating Marvel/Disney unjustly. Yes, he might well owe that amount (or more) if things don't go well for him down the line, but he's not yet on the hook for it. That, at least, is how I interpret Quesada's version of what happened. I could, of course, be wrong. It would have been nice if Phegley and/or Weiland had nailed this point down.

Whether the money is payable immediately or not, if Friedrich is known to be unable to pony up $17,000 right now, one wonders how his attorneys will be paid for the appeal. They could be working on contingency, hoping to score a large percentage of a favorable ruling or settlement; the way the lawsuit has been terminated, though, with Marvel emerging as the copyright owner, doesn't bode well for Friedrich's claims on appeal. The attorneys might be acting pro bono, or their fees might be covered by a legal defense fund of some kind. (Sorry, I'm not interested enough in this point to find out. I just thought I'd mention the possibilities.)

Any way you look at it, Marvel/Disney is in a superior position. It has much, much deeper pockets and a favorable court ruling on its side. I hope Friedrich has a rabbit or two to pull out of a hat.

By the way, Andrew Wheeler at Comics Alliance has some thoughts on the broader effects of Friedrich's fight with Marvel/Disney. The chilling effect on other writers and artists is likely to be felt right away, whatever the merits of the company's position. Again, it's in a superior position to any of the creators by virtue of its much, much deeper pockets.

It makes me think twice about putting any more money into those pockets by seeing any of its movies. (But keep buying the comics: the creators get some of that revenue.)