I was thinking about creative rights and I wonder, and question Neil Gaiman’s rights in regard to Medieval Spawn and Angela.

Characters he created, or co-created for the Spawn comic book by Todd McFarlane.

I have followed this court case, though admittedly, I don’t know, or have read all the details.

But the basic concept is this: Neil Gaiman wanted the creative rights to the character of Miracle Man, who Todd McFarlane thinks he owns, because he bought the publisher of the Miracle Man property.

And Neil Gaiman offered a fair deal of exchanging his creative rights to Medieval Spawn and Angela, for the rights McFarlane claimed to have over Miracle Man.

It’s also an offer, had I been there I’d have taken. It was more then fair. And besides, McFarlane had no creative hand in the creation of Miracle Man.

Whereas, I’m not sure if Gaiman supplied the visual design detail on Medieval Spawn and Angela? Though, in this case, Medieval Spawn owes his look, on Spawn. Cause it was the basis used. And therefore McFarlane had a creative hand in this visual design by default.

While Angela appears to have that Mcfarlane design work going on, and at the very least she is wearing Spawn earrings. A creative symbol not of Gaiman.

But being stubborn, Todd challenged it in court and Neil Gaiman, last I heard won, and owns full creative rights to both Medieval Spawn and Angela.

If this is the case, I wonder if that means Gaiman can publish and profit a hundred percent off of Medieval Spawn and Angela?

And if he doesn’t have the right to publish them. Then it throw into question, what having full creative rights is?

Yet, a bigger question to me is: If Neil Gaiman does indeed have Full Creative Rights to both Medieval Spawn and Angela, that this is not right.

If anything, Gaiman should have co-creative rights with Mcfarlane. But not full rights to the characters. And I question: How could he?

Medieval Spawn is a Derivative Work, that is based on the Spawn concept, which was wholly created by Todd McFarlane. Even the visual look in style, is owed to Spawn, a Mcfarlane creation.

And Angela, while a new character, she owes her basis and origin to the Spawn mythos. Cause she was created to work in that world. Basically she is a Spawn slayer.

Seeing as how both are tied to the Spawn mythos. How can both characters be said to be owned wholly by Neil Gaiman?

This to me calls into question, and opens the door to Derivative Works.

If this case is to stand.

And yes, I know this won’t happen because of lawyers, and well, it just wouldn’t happen, I know that.

But, let’s say Derivative Works do count and a creator can claim a hundred percent rights to such work.

What’s to prevent others from doing it? And why therefore legally can’t others make such derivative characters?

For example you can have a character called Ninja Batman, and say it’s Batman in a different era.

Or the Hulk, but make him a new color and say he’s a version form a different timeline.

Basically, the idea of a creator owning full rights to a derivative work, such as in this Spawn case, does not seem right or just.

If you make a character, and it’s not derivative, then sure, you should have full rights to your character. But if your character, is based off the origin and history of another characters creator, I don’t think you should be allowed to have full rights to your character.

But what’s the financial aspect a creator should pay for a derivative work? I don’t know. I’d say anywhere from ten to say fifteen percent. Those are my thoughts. And also the original creator must give approval before such a derived work could be published. That’s my view on the situation, and what would be fair. What do you think?

A case like this, if it stands can really impact creative character rights and who owns what.

For me, I think at most Gaiman should have some rights to Medieval Spawn and Angela. But NO WAY should he have Full Creative rights to these characters. As for what percent he owns, or McFarlane owns, I can’t say.

And I bet McFarlane might have thought when this case ended, he should’ve taken the deal he was offered earlier and just given up Miracle Man, and got the offer to get Full Rights from Gaiman on Medieval Spawn and Angela. It’s what I would have done.