Last week, the U.S. Court of Appeals for the Second Circuit affirmed a ruling by U.S. District Judge Katherine B. Forrest (for the Southern District of New York) by refusing to revive copyright claims brought by comic book writer and “Ghost Rider” creator Gary Friedrich. The ruling confirmed that Friedrich had both (a) signed over whatever rights he had in the character in a 1978 agreement with Marvel, and (b) alternatively, had waited too long to sue over those rights and could therefore not dispute them.
“Ghost Rider” first appeared as the alter ego of fictional motorcycle stuntman Johnny Blaze in “Spotlight 5,” a Marvel volume composed by Friedrich.
Friedrich maintains that this contractual transfer of what he claims were “initial” rights did not include renewal or future rights for the character. One of Friedrich’s attorneys mentioned that they would be filing a reply brief in the coming weeks, but did not comment further on the incident. However, Marvel clearly felt otherwise, insisting that Friedrich had “broadly assigned to marvel all rights of any kind in the work forever” – an assertion accepted by the lower court, and ultimately affirmed on appeal. Marvel largely declined to respond when later pressed on the issue.