Marvel will defend its ownership of Ghost Rider before a jury after a federal judge on Thursday set a Nov. 4 trial for writer Gary Friedrich’s lawsuit against the publisher.
U.S. District Judge Katherine Forrest made the order a little more than two weeks after the 2nd Circuit Court of Appeals overturned her 2011 decision rejecting Friedrich’s claims that the copyright to the Spirit of Vengeance reverted to him a decade earlier. According to Deadline, Marvel’s lawyers indicated Thursday in a conference meeting that they won’t challenge the appeals court ruling, and will file a motion for a jury trial.
Friedrich, long credited as co-creator of the character with Roy Thomas and Mike Ploog, filed the lawsuit in April 2007, shortly after the release of Columbia Pictures’ Ghost Rider movie, accusing the studio, Marvel, Hasbro and other companies of copyright infringement, false advertising and unfair competition, among other counts. The film grossed $228 million worldwide; the 2012 sequel, Ghost Rider: Spirit of Vengeance, earned $132.5 million.
The writer asserted he created Johnny Blaze/Ghost Rider in 1968 and, three years later, agreed to publish the character through Magazine Management, which eventually became Marvel Entertainment. Under the agreement, the publisher held the copyright to the character’s origin story in 1972′s Marvel Spotlight #5, and to subsequent Ghost Rider works. However, Friedrich alleged the company never registered the work with the U.S. Copyright Office and, pursuant to federal law, he regained the copyrights to Ghost Rider in 2001.
But in December 2011, Forrest ruled in Marvel’s favor, saying finding Friedrich gave up ownership to the property when he endorsed checks that contained language relinquishing rights to Marvel’s predecessors. The judge said the writer signed over all claims to the character in 1971 and again in 1978 in exchange for the possibility of more freelance work for the publisher. (Two months later, Marvel agreed to abandon its 2010 countersuit accusing Friedrich of trademark infringement if the writer would pay $17,000 in damages and stop selling unauthorized Ghost Rider merchandise.)
Friedrich appealed in July, arguing the court erred in ruling that the language on the back of Marvel paychecks in the early 1970s and in the 1978 contract were sufficient to constitute transfer of copyright. However, his attorney also reasserted the claim that the agreement was entered into under duress, with Friedrich told “if I wanted to continue to work for Marvel that I would have to sign it.” The 2nd Circuit sided with Friedrich, ruling that the 1971 agreement with Marvel “is ambiguous on its face,” and wasn’t clear “whether it covered a work published six years earlier” or “whether it conveys renewal rights.”