gary friedrich Archives - Page 2 of 2

Marvel has announced they are teaming up with Susan G. Komen For the Cure in October for a little pink-washing to raise awareness during National Breast Cancer Awareness Month. They’ll be sporting pink covers on some of their comics (you can see examples below) as well as including educational material in the form of a one page advertisement as well as material on their social networks to raise “awareness” about breast cancer.

Dan Buckley, Publisher & President of the Print, Animations & Digital Divisions of Marvel had this to say:

Marvel is proud to partner with Susan G. Komen For the Cure to support their unparalleled efforts to raise awareness about the risk of breast cancer to both women and men. We’re in a unique position to educate all our fans and increase awareness of the ways to fight—and reduce– this risk of this disease by utilizing our comics and online presence.

Normally, I’d praise a company for teaming up for this type of education program, but Marvel’s teaming up with Susan G. Komen For the Cure is the latest example of their working with less than progressive organizations and companies.

In February, Susan G. Komen for the Cure Foundation changed their grant regulations and those changes seemed to only affect their contributions and working with Planned Parenthood, an organization that’s seems to have come under greater attack from the right in recent years. That decision came shortly after Komen unveiled a new partnership that strengthens its ties to the George W. Bush Institute. The reality was some of the (Republican) higher ups at Komen weren’t happy with Planned Parenthood focusing 3% of their time on abortion services (contraceptive offerings make up more than 33% of its work) and decided to ignore the 97% of their other work helping women, including education about breast cancer.

As you can imagine shit hit the fan, Komen took a dive in donations and support and they backpedaled and refunded Planned Parenthood with a rather poorly thought out statement. The decision makers left the organization as well as some board members, but the damage was done in the public’s eye, especially for me, a progressive who has raised money for Komen and donated to Planned Parenthood. Their actions showed I couldn’t trust them.

Komen has also been accused of “Pinkwashing.” That’s when a company or organization claims to care about breast cancer by promoting a pink ribbon product, but at the same time produces, manufactures and/or sells products that are linked to the disease. Many products that Komen puts pink ribbons on actually have pthalates that are hormone disrupters and may cause cancer. I don’t know first hand if Marvel falls into that category (I’d have to imagine pthalates are in some products they sell or have licensed though).

How about Marvel donates some portion from the sale of those comics to some worthy breast cancer prevention causes as well?

But, this post isn’t about Komen, it’s about Marvel and their teaming up with questionable organizations and companies.

To promote The Avengers, Marvel teamed up with Walmart. That was smart in that the store is a leader in toy sales, but, they have an abysmal record in so many ways. We could do entire posts (and there’s entire organizations) dedicated to Walmart’s record, but here’s some of the hits as provided by Walmart Watch:

196,000 is the estimated number of U.S. jobs lost from 2001-2006 as a result of Walmart’s imports from China
The company has written hundreds of press releases and thousands of blog posts, but made little actual progress in reducing the environmental impact of their products.
Walmart’s health care plans fail to cover hundreds of thousands of associates. In 2009, Walmart claimed that 52% of associates were covered under their healthcare plan. The company has refused to disclose coverage rates for its 1.4 million U.S. employees since then.
Walmart stopped offering health insurance to part-time employees (working less than 24 hours per week) in 2012
Taxpayers are forced to provide healthcare for Walmart’s Associates. Hundreds of thousands of Associates and their family members qualify for publicly funded health insurance. Indeed, according to data compiled by Good Jobs First, in 21 of 23 states which have disclosed information, Walmart has the largest number of employees on the public rolls of any employer.
Walmart has reportedly been covering up widespread bribery in Mexico.
The Walmart PAC and the Walton family give big money to politicians who oppose LGBT rights
The value of Walmart to the economy will likely be less than the value of the jobs and businesses it replaces.
Walmart costs taxpayers an estimated $1 billion per year subsidizing low wages and benefits.
Although the company will often cite higher numbers, the average Walmart Associate makes just $8.81 per hour according to a study published by Bloomberg News. An employee who works Walmart’s definition of full-time (34 hours per week) makes just $15,500 per year. That means hundreds of thousands of people who work full-time at Walmart still live below the poverty line.
Walmart was the defendant in the largest class action gender discrimination lawsuit in history, Dukes v. Walmart. The plaintiffs alleged Walmart discriminated against women in promotions, pay, and job assignments. The U.S. Supreme Court dismissed the lawsuit in 2011 for technical reasons and many of the plaintiffs are in the process of filing smaller suits.

And that’s just a few highlights of why Walmart sucks. I wonder if Marvel took any of this into account? But then, Marvel isn’t all that great when it comes to creators that have worked for them. You have their ongoing battle with the Kirby family, then their counter suing of Gary Friedrich (the creator of Ghost Rider) who is destitute and whose health is failing and then they scored their movie overseas avoiding U.S. unions… you wonder how “progressive” they really are? Maybe we can ask their buddy, Republican Mayor Michael Bloomberg who they’ve worked with a lot over the years on various initiatives?

I think Marvel needs to look around and think that with their great power comes some responsibility. Their words are great, it’s their deeds that need to reflect those more.

The “Komen covers” will appear on Avengers #31, Captain America #18, Captain Marvel #5, Fantastic Four #611, Invincible Iron Man #526, Mighty Thor #21, Uncanny X-Men #20, Wolverine #315.

Comics

Marvel, Ghost Rider and Their Tone Deaf Attitude

Posted on February 11, 2012 by Brett

It’s been a hell of a week when it comes to creator rights and shit hitting the fan online. What started the storm was the lawsuit by Gary Friedrich against Marvel over his credits and rights to Ghost Rider. Not surprisingly, Friedrich lost the case, but it wasn’t his loss that cause the shitstorm, it’s the decision that Friedrich now owes Marvel $17,000 according to a decision involving a counter-suit by Marvel. They 68 year old Friedrich doesn’t have that type of money, showing how poorly creators are paid, no matter how iconic and popular their creations. This was all on the heels of Marvel’s fight with the Kirby estate. Things were ready to explode.

First up is the idiocy of the counter-suit. Basically, Marvel is suing Friedrich for selling drawings he did of Ghost Rider at shows. This is a common practice and usually you can get most artists to draw most characters. It’s an unwritten rule that companies allow this to happen as it’s good promotion for them, generates good will within the community and as a whole is a bit difficult to police. Well, Marvel just took a dump on that.

Now, all creators need to think twice about what they draw for fans, who knows how many years down the road they may be sued and asked for that money gained. Not to mention the massive amount of unauthorized art on sites like DeviantArt and Etsy. Really, I’m shocked Marvel was rewarded any monetary amount concerning they haven’t enforced their intellectual property anywhere similar and have gained WAY more than they might have lost.

Congrats Marvel for ruining the fun. What’s more disturbing is Marvel’s very apparent shift publicly and their pissing on fandom. The Kirby fight is over tens of millions of dollars, I get that, but there’s an amicable solution out there for all parties. This lawsuit with Friedrich is just kicking a man when he’s down. Marvel won, leave the man be now. Allow him to call himself grandpooba if he wants, as long as he doesn’t license items, create toys, whatever, he should be allowed to draw whatever he’d like. This is the way it’s been done for everyone else and should continue to be so. On top of that Marvel and their parent company Disney supported the Stop Online Piracy Act and Protect IP Act. Both are very anti-consumer and fans. That legislation took the might of hundreds of websites to defeat and luckily we did.

https://twitter.com/#!/TheBDAG/status/168144924850655232

But what can we do? Talks of boycotts abound and as they continue to trample on fandom and creativity as a whole. My enthusiasm to support them has been diminished and this is from a Marvel fanboy and I’m less inclined to give them my dollars and devote my time to promote their products. Vote with your dollars and support creator friendly companies and indie comics.

This week's moral: If you create something as cool as Watchmen or Ghost Rider take it to @imagecomics so you can own it outright forever.

— Erik Larsen (@ErikJLarsen) February 11, 2012

But even more disturbing is their lack of response to all of the furor. There’s nothing. No interviews, no comments, no acts to show they care. Instead we get silence. It’s a court case and many times you can’t, but that doesn’t limit them from engaging the community as a whole. Marvel comics has a black eye and they need to address this before things really gain steam.

What can do is SUPPORT GARY FRIEDRICH!

Steve Niles has set up a PayPal account where you can chip in what you can to help Friedrich with his debt. I know it’s difficult financially for so many, but $5 goes a long way if enough of us give. So skip the $10 you were going to spend seeing a Marvel movie this summer, instead give it to Friedrich in protest.

Gary Friedrich went to Facebook to give his thoughts on the subject:

Since the various news agencies and websites have reported the ruling against me on my claims against Marvel in the Ghost Rider lawsuit, and the assesment of a $17,000 judgment against me and my company instead, I have read an amazing amount of comments in my support on the internet, and have received many messages of support directly. Although the reports of my employment situation and financial difficulties as well as problems with my health are unfortunately true, I want to let everyone in the comic book world, especially my supporters and fans of the Ghost Rider character which I invented, created, and wrote, that I am going to appeal the Court’s ruling and continue to fight this as long as I am able and that your support of me means more than you will ever know. I have heard your voices. I thank you with alll my heart, and I appreciate your thoughts and best wishes as I soldier on.

It’s sad that it’s gone this far and a multi-million dollar company thinks it seriously needs $17,000 from a man they’ve shown little gratitude towards for making them millions.

Uncategorized

Marvel Demands Money From Penniless Creator

Posted on February 9, 2012 by Brett

Marvel recently won it’s court case against Gary Friedrich as to who owns the rights to Ghost Rider. Friendrich created the character and the court case was about whether any money or rights were owed to him. With the second movie on it’s way, that’s pretty important (but then again, did the first one make money?).

The court decision sided with Marvel and said they owed Friedrich nothing, but agreed with a counter claim by Marvel that Friedrich owes the corporation $17,000. That’s the money that Gary has earned over the years selling prints of Ghost Rider at conventions, etc. Did we mention Friedrich is penniless? Friedrich is also not allowed to say he created Ghost Rider for financial gain. We’ll say it for him instead, than man did.

Disney purchased Marvel for $4 billion, they spent millions on the movie and have gained god knows how much money from this character and they’re going after this man… can we now say Marvel is the unfriendliest comics company for creators?

Between Marvel and Disney’s support of SOPA/PIPA, their ongoing fight against the Kirby estate and this, what jackasses. This hasn’t gone unnoticed by the fans. Murmuring of a protest and boycott of this summer’s Avengers movie have spread due to the Kirby fight and a petition has started on Change.org to pressure Marvel to give credit and royalties to Jack Kirby and his family.

Here’s the legal language concerning Friedrich:

1. The profits realized by plaintiffs in connection with the distribution and sale of goods depicting the Ghost Rider character appearing in Marvel Spotlight, Vol. 1, No. 5 (the “Work”) which is the subject of MCI’s copyright infringement counterclaim amount to $17,000.

2. Upon the entry of the Final Judgment (i) dismissing all claims pleaded in the amended complaint, (ii) awarding damages to MCI against plaintiffs on MCI’s counterclaim in the amount of $17,000, (iii) permanently enjoining plaintiffs and all natural or legal persons acting on their behalf or in concert or participation with them from manufacturing, reproducing, distributing, adapting, displaying, advertising, promoting, offering for sale, selling, using or purporting to authorize others to use the image of any characters appearing in, or any copyrightable material expressed in, the Work or any materials that are substantially similar to, or based on, any element of the Work in connection with the sale of any goods, merchandise or services including, without limitation, publications, posters, toys, games and playthings, prerecorded videotapes and DVDs featuring live action or animated motion pictures, video game software and other video products, T-shirts and other items of apparel (provided, however, that such injunction shall not prohibit plaintiffs from selling Gary Friedrich’s autograph by affixing the same to a product manufactured by MCI or by others under license or permission from MCI and purchased by plaintiffs at retail), and (iv) awarding defendants the costs and disbursements of this action available as a matter of law pursuant to Fed. R. Civ. P. 54(d) and 28 U.S.C. § 1920, MCI and plaintiffs will execute and cause to be filed a stipulation dismissing the Trademark Counterclaims without prejudice and without costs to any party.

3. In consideration for MC1′s agreement to dismiss the Trademark Counterclaims, plaintiffs consent to an injunction enjoining them and all natural or legal persons acting on their behalf or in concert or participation with them from using or purporting to authorize others to use the words “Ghost Rider” as a trademark, trade name, or similar designation of origin in connection with the sale of any goods, merchandise, or services.

(via Bleeding Cool)

Gary Friedrich Loses Case Against Marvel – Updated

Posted on June 7, 2010 by Brett

In 2007 Gary Friedrich the co-creator of Ghost Rider sued Marvel comics to require that the copyright of his famous creation revert to his company, as a creator-owned property. Courts have backed up the original court decision that Ghost Rider was a work-for-hire property and thus not revertable under 1909 Copyright Act and that this case should be dismissed.

Freidrich in 2007 sued Marvel for copyright infringement due to use of Ghost Rider in different media. He felt the copyright should of reverted to him in 2001. A year ago Judge James C. Francis ruled the case should be dismissed. Judge Francis felt the 1976 Copyright Act applied which has much stricter work-for-hire terms. Judge Barbara S. Jones agreed with Francis’s ruling dismissing Friedrich’s objections to it.

Update: We put on our rather poor legal hat to read through the decision. Judge Barbara S. Jones’s ruling agrees with Judge James C. Francis that Federal copyright law preempts the state laws and thus dismisses those state claims. You can read through the entire decision here. But this is the part that matters (underline and emphasis is ours):

For all the foregoing reasons, the Court adopts the R&R of Magistrate James Francis in it’s entirety and GRANTS Defendant’s partial Motion to Dismiss.

A better headline would of been “Marvel Wins Partial Dismissal.”