Federal Circuit Court judge Barbara Crabb has ruled in the long-running court case between Neil Gaiman and Todd McFarlane (see “Gaiman-McFarlane Skirmishing Continues”) that the character Dark Ages Spawn is derivative of Medieval Spawn, and that the characters Tiffany and Domina are derivative of the character Angela. This gives Gaiman rights to half the profits from the derivative characters. Crabb granted GAiman’s motion requesting an accounting of the profits from the characters she ruled were derivative, and ordered that it be produced by September 1st.
Gaiman’s team also filed its July report on the status of the production of records regarding the profits on Medieval Spawn, Cagliostro, and Angela, characters on which it had previously been determined he was entitled to a share of profits. During July, a review of records provided by McFarlane was conducted, a list of items that were still needed was produced, and meetings were conducted to resolve issues and disputes related to the documents. According to the filing, the litigants’ attorneys are hoping to “resolve any disputes shortly.”
With all open issues regarding the ownership of characters resolved, the only open issues are of an accounting nature. With the case now in its 8th year, it seems that an amount owed by the McFarlane defendants will soon be determined. Once any money due is paid, the books can be closed on this long-running dispute.