'I Think I Can Manage' is a regular column by retailer Steven Bates, who runs Bookery Fantasy, a million dollar retail operation in
As reported here on ICv2 (see 'Todd McFarlane Productions Files Chapter 11') and elsewhere, Todd McFarlane Productions has filed Chapter 11 bankruptcy as the result of a lawsuit by hockey player Tony Twist. Twist, a former Quebec Nordiques and St. Louis Blues enforcer, sued TMP over the use of his name in a Spawn comic, claiming the character, a sadistic mobster, hurt his chances for a post-hockey career hawking deodorant and beer.
Don't get me wrong--I think Todd McFarlane is an arrogant S.O.B. He's over-rated as both an artist and a writer, and his ego has been so publicly stroked for so long by so many people I think he actually believes his own hype. His much-touted bid for the fabled 'Home Run balls' a few years ago was slightly amusing, but mostly annoying, and if I never see another Korn video for as long as I live, well, I'll die happier. So, no, I don't particularly like the Toddster much. But I do respect him. Doing nothing more than pursuing his own dreams in his own way, sites set squarely on being successful without compromise, Todd McFarlane has accomplished nearly everything he ever put his mind to (and a few things he never imagined). Drawing on his unique talents as an artist and writer, and tapping into some sort of cultural Zeitgeist, Todd's Spawn character was the foundation for a company less like the Marvel Comics he abandoned and more like Walt Disney's fabled empire. In a few short years, Todd was making his own Spawn toys, showing off his Spawn drag racer, supervising the making of Spawn cartoons and movies, and, yes, buying Mark McGwire's and Sammy Sosa's home-run baseballs. Todd's love of baseball is evident; even his charity work is tied with the sport. McFarlane's involvement with the ALS (Lou Gehrig's disease) Association brought increased awareness of the disease, and Todd served on the organization's Lou's Team in 2000. Todd is truly a self-made man, deserving the same respect as Bill Gates, Richard Branson, and Sam Walton. You don't have to like the man. but you can't deny him his due. Todd McFarlane has earned every dime he has, one way or another.
Twist is not quite the bum everyone has made him out to be. Though never a superstar like Wayne Gretsky or Brett Hull, Twist's career in sports was notable. Sports Illustrated called him '6'1', 240 pounds of deterrence,' and his personal website claims Tony is 'the toughest guy in hockey.' Though it is doubtful Twist would ever have landed big endorsement deals, he might've had a regional appeal in
In 1999, just hours after being cut loose by the St. Louis Blues, Twist crashed his motorcycle, injuring his foot and pelvis. He hasn't played professional hockey since. In his spare time, Twist became involved with The Headfirst Foundation, a charitable organization dedicated to preventing pediatric head injuries through education about helmet safety, seatbelts, and other measures. Athletes such as John Elway, Sammy Sosa, and Wayne Gretzky, as well as NBC sportscaster Bob Costas, have all been involved. In 1998, 1999, and 2000, Tony helped organize 'Twister's Iron Horse Tour,' a 2,000-mile motorcycle ride to raise awareness and funds in the
McFarlane supporters generally portray Twist (the real one) as an opportunist seeking to cash in on Todd's success, and the recent $15 million settlement seems to support that view--$15 million dollars because a lousy comic book character used your name?!? Perhaps hockey-fan McFarlane merely tripped across the name Tony Twist and thought it sounded like a comic book bad guy. More likely, he knew of Twist and didn't like him (if memory serves McFarlane once referred to the real Twist as a 'bum' in response to a Spawn reader's letter). Whatever the case, getting emasculated in court to the tune of $15 million dollars over use of the name in an unflattering light is mind-boggling and frightening. It sets a precedent that could undermine the creative freedom of writers of any form of fiction, and lays the groundwork for the financial gutting of any company producing those works of fiction.
TV shows like Law & Order and Judging Amy frequently borrow stories from today's headlines, and Seinfeld actually depicted real people (such as J. Peterman), usually in not very flattering portrayals. Numerous examples exist in comics of real names or likenesses being used for fictional characters. Jim Shooter based a weasel-like government agent in The Avengers on his good friend Peter Gyrich, and Todd McFarlane named Spawn's alter ego after college buddy Al Simmons. Sure, these guys were pals -- but what if that friendship ended? Could these people sue Marvel and McFarlane if they felt less-than-flattered by the actions of their four-color counterparts?
Comic books, with simplistic good vs. evil themes and exaggerated physiques and personality traits, run the risk of lampooning almost anyone and implying motivations which might be unflattering or deprecating. First Amendment rights and the 'Fair Use' doctrine of the Copyright Act may not be enough to protect them, in light of this case. Twist's victory over McFarlane creates a slippery legal slope many publishers will not be willing to risk, hamstringing the creators, and potentially diminishing the product. Maybe McFarlane needed to be put in the penalty box for unsportsmanlike conduct, but $15 million in damages? Please. I only hope Twist is planning a sizeable donation to his favorite charity ...
