Gary Freidrich sues Marvel, Sony over Ghost Rider

Newsarama's blog states that Ghost Rider creator Gary Freidrich is suing Marvel and Sony (and a bunch of others) over the Ghost Rider movie, saying he owns the rights to the character. He states that when he created the character for Marvel in 1968, they never registered Ghost Rider with the Copyright Office, therefore the rights to the character reverted to him in 2001.  

I have several opinions to make about this, some which may be unpopular.

1. While I do support creator rights, I don't think cases like these apply. These characters were created as work for hire. Meaning, that you essentially signed away rights to the character in return for a paycheck. Sure, you might not have had a choice and that movie money might have been nice, but you signed a contract. This falls into the realm of "tough"

2. If what Friedrich says is true, that the copyright reverted back to him in 2001, this still might not help him. Marvel put out at least 3 Ghost Rider series since 2001. Friedrich didn't sue when either of these came out. Yet, the movie has just about finished its theatrical run, and here comes the lawsuit.

Can you blame him? If he sued while the comics were being publish he A) wouldn't have received as much money. His part of the comics would equal thousands. His part of the movie? Millions. And B) if he sued before the movie was made, he could have doomed the movie from ever being made. No movie studio wants to make a movie about a property in the courts over a rights dispute.

However, by his not pursuing the copyright infringement case against Marvel over the comics, his case now might be in jeopardy. I don't know much about copyright law, but I know that if you don't vigorously defend you copyright, you're in danger of losing it. This is the reason I hear whenever Disney goes after day-care centers with Disney murals on their walls. They can make no exception because that could imperil their copyrights. Friedrich has already made three exceptions.

3. There is doubt that Friedrich is the sole creator of Ghost Rider. He claims he is, but Roy Thomas and Mike Ploog have also claimed to have a hand in the involvement of the character. Ploog goes so far as to say that the flaming skull design, the most notable feature about the character, was his exclusive idea. So, even if Friedrich wins, he may face suits from these people for their rights in the creation of the character. 

I would love to see how this all plays out in court. However, and unfortunately, odds are against it ever getting to court. The powers that be most likely will throw some money at Friedrich to make him go away. That is how these cases usually end.

Bill