We’ve mentioned a few times here a lawsuit for copyright infringement by DC against an outfit called Gotham Garage, which sells replica Batmobiles—based on the ’60s Batman TV show in particular—as well as other vehicles based on famed fantasy cars, like the Mach Five.

If you were thinking of buying one, better hurry, because a judge has ruled that the Batmobile is subject to copyright.

Well of course it is, you may be saying. But that’s not actually the usual legal thinking. A car design is subject to trademark but not copyright. Gotham Garage owner Mark Towles argued that the Copyright Act can’t be extended to “useful articles” like a car. But the judge ruled that….the Batmobile isn’t really that useful, so that argument ran out of gas on the way back to the Batcave.

The judge ruled that Towles “ignores the exception to the ‘useful article’ rule, which grants copyright protection to nonfunctional, artistic elements of an automobile design that can be physically or conceptually separated from the automobile.”

According to The Hollywood Reporter, a can of worms has been set loose by this ruling and other similar recent cases where copyright and ordinary use run afoul:

The copyrightability of designs has been a hot topic of late in courts. Could Batman’s costume be copyrighted? A lawsuit claiming copyright infringement in superhero costumes was settled in December before a judge gave a firm answer. Could Batman’s furnished dark cave hideaway be copyrighted? Hard to say for sure, but a judge rejected earlier this month a claim that furniture designs met the standard for being conceptually separable from their utilitarian purposes.

In other words, just because a chair is made to fit the expanding American butt, it isn’t just utilitarian, it’s designed…and maybe copyrightable.

Our legal knowledge being limited, we’re going to just shut up and yell, “Hey Jeff Trexler!”

UPDATE: Okay Maybe we don’t need Jeff Trexler. After looking at the court docs, it doesn’t look like this case has been settled one way or another—the judge has ruled against Towle’s motion to dismiss, but the most recent filing is not a definitive ruling.

Here’s the original complaint:

and the most recent motion:

Neil Gaiman took his victory lap after the settlement in his lawsuit against Todd McFarlane with comments to the Washington Post’s Michael Cavna, talking about the copyright precedents set by all the various rulings over the years.

“I think the various decisions, particularly the [Judge] Posner decision, were huge in terms of what the nature of dual copyright in comics is,” Gaiman told WaPo. “What is copyrightable in comics is now something that there is a definite legal precedent for. There were a lot of things that were … misty in copyright [law] that are now much clearer…and it’s of benefit to the creator.

“Truthfully, I think all of the decisions were incredibly good for all kinds of copyright,” Gaiman continued, noting that the case is now taught in schools. “Now the statute of limitations — three years — begins with the discovery of the violation. You can’t secretly file copyright on someone else’s things.”

Gaiman hasn’t seen McFarlane of late. “But every time I would run into Todd in a courtroom he looked a little more sad.”

An epic battle of two of comicdom’s most successful figures that lasted more than 10 years has ended, not even with a whimper but a settlement, as Neil Gaiman and Todd McFarlane have at long last agreed on how to share the rights to characters and stories Gaiman created for McFarlane’s Spawn comic.

The battle had raged through courts since 2002, with public sniping going back much further. At issue: Spawn #9 and #26, the former written by Gaiman and introducing the characters Angela and Cagliostro — both would be much used by McFarlane and other Spawn creators over the years—the latter introducing medeival Spawn based on Gaiman’s concepts. Gaiman sued in 2002 for joint ownership of the characters and half the profits from their uses in various media.

Although details of the settlement are private (RATS!!–eds.) the final agreement was…that Gaiman owns 50% of the two issues in question and the three issue Angel mini-series. Wow. ALL THAT struggle for THIS? Attorneys for both sides filed papers last Friday saying that an agreement had been reached and asking the presiding judge to dismiss the case. And so…just like that, it was over.

“This is intended to put an end to the whole thing. It’s fair to say both parties are pleased to have this resolved,” Gaiman attorney Jeffrey Simmons told the AP.

Juries and judges alike have ruled consistently in Gaiman’s favor over the years. Continuing legal tussles have been over how much money is owed, and so on, complicated by McFarlane’s bankruptcy filing a few years back.

In 2010 Gaiman filed a new suit seeking ownership of an additional three “derivative characters.” A judge ruled for Gaiman in that matter, as well.

Still out there somewhere…Marvelman, which some thought was a hostage in the negotiations — McFarlane claims to own the US publishing rights to the book, but we’re not going to get into that right now. Our own guess is that the tangled legal threads of the Marvelman matter are far more complex than just this aspect of it.

And so…an era ends. We’ve been using various versions of the above split-screen graphic for nearly a decade. It is time to retire it to the hall of fame. With age comes peace…and lawyers bills.

.

Progress, far from consisting in change, depends on retentiveness. When change is absolute there remains no being to improve and no direction is set for possible improvement: and when experience is not retained, as among savages, infancy is perpetual. Those who cannot remember the past are condemned to repeat it.

George Santayana, The Life of Reason, Volume I: Reason in Common Sense

Over thirty-five years ago, a major comics company was set to release a Hollywood blockbuster based on one of their most popular characters.  The original creators had been forgotten by the public, forced into near poverty while that company made millions of dollars in profits.  It took a publicity campaign by comics professionals to persuade that publisher to acknowledge their proper credit, and to pay a stipend to those creators.

Today, history repeats itself once more.  This time, the company is Marvel Comics.  The creator: Gary Friedrich, who has filed a copyright lawsuit against Marvel to reclaim his creation Ghost Rider.  Daniel Best reports on the current state of the suit, which was recently decided in Marvel’s favor.

What makes it unsettling is this:

As per the courts instructions Friedrich has to account for any and all money that he has received, “…relating to the gross and net amount derived from Plaintiffs’ sale of goods bearing the Ghost Rider image, likeness, or Marvel trademark.” This means that Friedrich has to account for every cent each and every time he sold a print at a convention or any other item to anyone, that has the Ghost Rider image or name on it, and he has to account to all of the defendants in the case, and there’s quite a few of those, including, but not limited to, Marvel Defendants, Movie Defendants, Hasbro, Inc. and Take-Two Interactive Software, Inc. If the defendants don’t like, or don’t agree with, the numbers that Friedrich supplies then they can, and probably will, ask for a deposition whereby they can question him, under oath. It was no secret that Friedrich commissioned artists such as Herb Trimpe, Arthur Suydam and others to draw Ghost Rider images which were then sold as prints over the years. If you bought one thinking you were helping Gary, well, that cash will most likely end up in Marvels pockets. This amount will be factored into any damages that the defendants can claim from Friedrich, all of which will be bundled up neatly into a final judgement so the case can then proceed to the appeal stage.

What makes this worse: Gary Friedrich is currently unemployed from his corporate courier job (Joe Shuster was a deliveryman with failing eyesight, Jerry Siegel a file clerk when they could no longer make a living making comics).    Friedrich also has health issues, which make it difficult for him to travel to attend any settlement conferences.  In the attorney’s letter to the judge asking for a teleconference (denied by the judge), the law firm states that they are already owed $100,000 in legal fees for this case.

This lawsuit was first filed when the original Ghost Rider movie was released in 2007.  That movie grossed $228,738,393 worldwide. With licensing of ancillary products, Marvel made quite a bit of money.  On February 17, 2012, the sequel, Ghost Rider: Spirit of Vengeance will be released.

Marvel could do the right thing and settle the case, which they won, by offering an equitable settlement, an annual stipend, perhaps even some sort of consulting role.  Would they?  It’s unlikely.  (For every Dave Cockrum, there’s a Marv Wolfman.)  Could a media campaign geared towards embarrassing Marvel, Sony, and a certain celebrity comics fan starring in the movie help convince Marvel to Do What Is Right? I don’t know… but it would be fun to find out!

To every comics creator who has Worked For Hire, and has sat behind a table in Artists Alley: you may one day be forced into an accounting not unlike the metaphorical Final Judgment, although much more painful.  Every fan sketch you draw, every print you sell, of a copyrighted and trademarked corporate character could and probably will be used to numerate damages awarded to that company.

The first result under Google image search for CON SKETCH

Yes, that’s the sleeping tiger in the room when comics creators rant and rave over swipe artists and plagiarists:  EVERYONE who draws a character they do not own is engaged in some sort of illegality.  Most companies allow this to happen, partly because actual licensing is problematic, partly because it would be bad publicity to enforce, partly because it encourages creators to show up at cons and participate in corporate-sponsored publicity (panels, booth signings, media interviews).  That “paper tiger” you think is harmless… well, paper can be quite nasty, as the courts prove every day.  Don’t think it could happen to you?  What if a giant corporation wanted to punish an artist?  A simple copyright/trademark infringement suit is all it takes.  Grab a few sketches sold on eBay, or pay a kid to purchase a sketch at a con (just like those underage buyers of cigarettes and beer) with a “father” making a video with his smartphone , and the case is quite simple.  No need to negotiate a settlement… you ruin the creator with court fees, an audit not unlike one from the IRS, and awarded damages.  AND they cannot ever draw those characters ever again.  If the company is really devious, they issue the artist’s work as legitimate merchandise, then cause more heartache when a fan asks the artist to sign the poster/print/book.

Then the company “encourages” other artists to join the official “bullpen” at conventions, an “Artists Alley” which is part of that company’s booth.  The artist gets a free table, airfare, hotel, and money from sketches; the company gets an artist who draws every hour of the con, which brings people to the booth, plus they sell con-exclusive blank-cover variants for a premium which the artist then sketches on!  (Or they sell trades!)  Convention organizers probably make more from selling corporate space than from Artists Alley tables, so they wouldn’t care.  They would probably encourage this, as the publisher would then supplement the guest list which the convention could then publicize.

Sound crazy?  Boom! Studios does this quite frequently.  Amy Mebberson sketched hundreds of Muppet covers at conventions when she was a Muppets comics artist.  Boom’s Disney comics artists did the same thing.  If I remember correctly, the special comic cost $5, the sketch $10.  It was beneficial to both artist and publisher, as the artist had greater visibility at the publisher’s booth, while the publisher was able to sell more comics and trade collections.  (Not unlike an author signing at a bookstore, except that the artist sits behind the table for hours each day.)

Creators, keep a detailed paper trail.  Keep a journal, especially when creating new characters.  At conventions, have an assistant note what is commissioned and for what amount (and report it as income… you don’t want an IRS audit as a result of not reporting income discovered from the court ruling!)  Copyright is also important, and quite simple and inexpensive to file.  Know not only what you need to know, but also what could happen.

Because history repeats itself, forcing us to do it over and over until we get it right.

[Hat tip to Stephen Bissette's Facebook page.]

The ugly legal battle between Archie Comics co-CEO’s Jon Goldwater and Nancy Silberkleit has escalated in recent weeks with new legal filings. And now a judge has banned Silberkleit from going anywhere near Archie’s offices or contacting any of the employees.

The battles began (publicly anyway) last summer, when Archie asked for a restraining order against Silberkleit just in time for the San Diego Comic-Con. Things heated up last week when Goldwater sued to force her removal as co-CEO, claiming that “Unless Silberkleit is removed as a director and an officer, the company — an iconic American company — is in serious danger of failing and being liquidated.”

Now Judge Shirley Kornreich has ruled that Silberkleit must stay away from the Archie offices or present herself as working for the company:

“At no point is she to go to the offices, and she is not to present herself to anyone as representing Archie Comics Productions, and she is not to do any work for Archie Comics Productions,” ruled Manhattan Justice Shirley Kornreich.

“She is not to do anything for Archie Comics Productions.”

The ruling came as only the latest legal blow against Silberkleit, who has claimed bullying and sexism from Archie’s executives. However, Goldwater charges Silberkleit with bizarre, erratic behavior, sexual harassment, and other actions that would threaten Archie’s ability to conduct business, such as spending $100,000 on a comics fair program that has only netted $10,000 and negotiating media rights on behalf of the company.

For her part, Silberkleit seems to keep ignoring any and all rulings—for instance, she contacted Archie artists to work on an anti-bullying comic she recently announced.

Archie is still a privately owned company—Goldwater and Silberkleit both inherited their parts of the Jughead empire in the last few years. While Silberkleit has been seen publicly promoting such benign topics as literacy, Goldwater has pushed forward with a series of bold business moves— from going day and date before any other comics publisher to promoting Kevin Keller, the first openly gay character in Riverdale.

Another hearing is set for the 2nd, so more headlines then.

Marvel has won a four-year legal battle over who owns the rights to Ghost Rider. On Wednesday a judge rejected the claim by writer Gary Friedrich, who co-created the character in 1972’s MARVEL SPOTLIGHT #5 along with Roy Thomas and Mike Ploog.

The judge said Friedrich gave up all ownership rights when he signed checks containing language relinquishing all rights to the predecessor companies of Marvel Entertainment LLC.

“The law is clear that when an individual endorses a check subject to a condition, he accepts that condition,” the judge wrote.

Forrest said her finding made it unnecessary to “travel down the rabbit hole” to decide whether the character was created separate and apart from Marvel, whether the company hired Friedrich to create the character and whether he had thoughts about what rights he wanted to retain from the outset.

She said he also signed an agreement with Marvel in 1978 relinquishing rights in exchange for the possibility of additional future freelance work. He had worked for Marvel prior to that year as both an employee and as a freelance writer.

Well, that’s that, boys and girls. Just as a reminder:

WORK FOR HIRE IS BAD.

More seriously, although Friedrich’s lawyer intends to appeal, the New York courts have generally been seen as more friendly to company rights in all of these decisions — one of the reasons why Marvel/Disney is eager to keep the Kirby case in a New York court.

And sure, work for hire can pay the bills, but just know what you’re getting into. In 1972 Friedrich had no choice but to sign those vouchers. Nowadays, it’s not as simple for either side.

The suit was filed when the 2007 Ghost Rider movie starring Nicolas Cage was released. The first movie didn’t ’set the box office on fire (tee hee) but it did well enough to spawn a sequel, due next year and featuring a fire-urine spraying Johnny Blaze.

Stopping digital piracy has become a full-time obsession for most major entertainment companies; but the Stop Online Piracy Act now wending its way through Congress is probably not the way to do it — a far too broad law that would give lawmakers powers to stop just about any activity they don’t like via cutting off funding to the site and other zero tolerance measures. Although aimed at hard-to-stop foreign websites that recognize no copyright laws, opponents say the bill goes way too far in allowing copyright holders to choke off stuff they don’t want with an arsenal of tools.

Understandably, webizens are reacting with alarm to the bill – which as of today was stalled in committee waiting for Congress to finish eating holiday treats back at home. The opposition has drawn unlikely allies. Conservative and liberal bloggers have united, saying the bill could shut down political free speech. Gamers fear it will stop everything from posting screenshots of Knights of the Old Republic to walkthrough videos.

Opposition is summed up comics/David Rees-style at this Get Your Censor on website.

So where do Marvel and DC stand on all this? Well, Time Warner and Marvel Enterprises are both listed as companies that support the bill on a widely available list.
SOPA Supporters
The list includes most major entertainment companies, including Universal, the UFC, Harper Collins and the Graphic Artists Guild, to name just a few.

While you understand IP companies wanting to protect their IP and their creators’ IP, digging in a little makes it clear SOPA goes way too far. And some companies are beginning to remove their support. Incredibly, GoDaddy, the company that markets itself on cheesecake and whose owner recently killed an elephant, was nonetheless sufficiently shamed by blowback on their support for SOPA to end it — but maybe too late as a boycott of the company is still underway

Users just before Christmas marked December 29 (today) as the moment customers should abandon GoDaddy to protest the company’s support of SOPA, but that hasn’t stopped several from jumping the gun: An estimated 37,000 customers abandoned the service by December 24, and the latest figures put the latest figure at over 70,000 (GoDaddy is the world’s largest ICANN-accredited registrar, with over 40 million domain names in 2010).

Whatever you think of piracy, SOPA isn’t the way to stop it — it’s too broad and overreaching. China enacted an “anti-piracy law” known as the Golden Shelf Project which is now used as a complete firewall by the Chinese Government to block things like YouTube, Google Plus and just about anything that is fun about the Internet.

So what to do? Write to your congressman and write to Marvel and DC. It should be noted that Marvel is listed along with other Disney subsidiary companies, such as ESPN and Disney Worldwide Publishing, so it’s more of a joint effort than an internal Marvel decision. Better yet — vote with your dollar. As the GoDaddy story shows, it’s really the only thing corporations listen to.

Gizmodo has a complete list of contacts for companies supporting SOPA, if you want to go the indignant letter route. While you have free speech, it’s a good thing to use it.

By Todd Allen

You’ve doubtless heard of the “Diary of a Wimpy Kid,” the comics-ish series that started out as a web feature, become a best-selling book series and expanded into movies.  You may not have heard of “Diary of a Zombie Kid” from Antarctic Press.  Written by Fred Perry and drawn by David Hutchison, Zombie Kid has drawn attention from the Wimpy Kid lawyers.

From Publisher’s Weekly:

But that changed on Tuesday with the filing of a trademark infringement lawsuit in U.S. District Court of Massachusetts against Antarctic Press, publishers of Diary of a Zombie Kid. Wimpy Kid, Inc., a company owned by author Jeff Kinney, charged the defendant with eight counts of “blatantly” infringing its intellectual property and diluting its trademarks by publishing, advertising, and distributing its books. In addition to punitive damages, among the remedies that Wimpy Kid seeks is the destruction of all Diary of a Zombie Kid books and any other infringing materials.

Now you’re probably saying to yourself, “that’s parody — nobody sues for parody.”  People do sue for parody.  They don’t always win, but if they’re sufficiently larger than who they’re suing, sometimes they get a settlement.  One suspects had this run in Mad Magazine, there would be no lawsuit.  Where this lawsuit gets a little more interesting is in the trade dress complaints:

In addition to the confusingly similar title, the jacket design of Defendant’s infringing works are substantially similar to those of Plaintiff’s series andare obviously intended to confuse the public into believing that Defendant’s books are additions to such series. Defendant is thereby illegally trading off of the substantial goodwill that has resulted from the significant success of Plaintiff’s books in the marketplace and palming off its own books as those of the Plaintiff.

Archie editor Victor Gorelick, and co-CEOs Nancy Silberkleit and Jon Goldwater in improbable happier times.

Oops, well just yesterday The Beat and Michael Sangiacomo were reporting that Archie Comics co-CEO Nancy Silberkleit was continuing to peacefully tell children about the joys of comics despite her past as the target of a sexual harassment lawsuit.

However, it seems that a series of anonymous phone calls alerted school officials to Silberkleit’s ongoing legal problems and the school visits were canceled. A comics shop appearance and the sale of comics to benefit the schools have gone on as planned. But there is much more than that going on.

School officials discussed their concerns with the Elyria Comic Book Initiative, the educational group that arranged the speeches, and the speeches were canceled.

“The pending litigation between Silberkleit and her company would potentially detract from the real value of the comic book fairs, which is to have children become excited about learning through comic books,” said initiative President Ken Glanc.

Attorney Robert Weible, who heads Baker Hostetler’s Securities & Corporate Governance Practice Team, said it’s rare for someone to have such outbursts at board meetings, but it is also rare for someone to be sued over it.

“You might hear the occasional profanity, but by and large, a high percentage of board discussions are done at a professional level, even all male boards. Conversations later over drinks are more jovial.

“There must be more to the story,” he continued. “As unusual as that expression is, I can’t imagine bringing an action against her over it.”

In addition, CBR has obtained the text of a November 28th court order injuncting Silberkleit from having anything to do with the running of the company:

In the Nov. 28 preliminary injunction, obtained by CBR News, Manhattan Supreme Court Justice Shirley Werner Kornreich, also ruled that Silberkleit must refrain from any contact with Archie staff or vendors regarding matters other than those required by her employment contract. The order is only the latest development in a struggle within the comics company that came to light in July when Archie sued Silberkleit, seeking to remove her from its Mamaroneck, N.Y., offices because of what it described as “inappropriate and offensive language and behavior.”
[snip]
According to court documents, Silberkleit declined to participate in an investigation conducted by an outside firm hired by Archie following the employee allegations. In its June 24 findings, the firm reported assertions by employees that Silberkleit created “nervousness and disruption” in an office otherwise described as “generally amiable, cheerful and creative,” and had threatened many of their jobs. A number of staff members also expressed concerns about their personal safety. The firm subsequently recommended Archie seek to remove Silberkleit from its headquarters, and prevent her from having contact with employees or vendors.

Other actionable Silberkleit behavior included asking employees to pull their pants down (in front of a vendor) and claiming that another employee was popular “just because she had big boobies.”

For her part, Silberkleit claims that she is the victim of a sexist attempt to remove her from the company by co-CEO Jon Goldwater.

“He has called me ’stupid,’ a ‘moron,’ and ‘despicable,’” Silberkleit said in an affidavit filed in early July. “In the presence of others he has told me to ’shut up’ and ‘why can’t you be sweet, nice and quiet like a lady?’ ” Contrary to affidavits from seven Archie employees, Silberkleit said she has never made threatening or demeaning comments or off-color jokes that might jeopardize the operation of the company.

Both Goldwater and Silberkleit gained control of Archie after the deaths of the previous co-owners, Michael Silberkleit and Richard Goldwater, who died in 2008 and 2007, respectively. While Justice Shirley Werner Kornreich basically ruled in favor of Archie, citing their many affidavits of Silberkleit’s objectionable behavior, removing her from the company — she is 50% co-owner — is more difficult. At this point Silberkleit has been injuncted from acting on Archie’s behalf, but the situation could possibly tear the company apart, according to Judge Kornreich.

Bottom line: a mess.

Charges against cartoonist/journalist Susie Cagle for “being present at a raid” have been dropped, although not without a bit of drama:

 

Susie tweeted her frustration that after a month of jumping through hoops and getting nowhere to have her charges dropped, it took the SPJ to get the city to drop the charges. She also noted that the District Attorney happily answered her questions when she introduced herself as press, but wouldn’t talk to her if she presented herself as an arrestee.

 

By Todd Allen

As of last Thursday, Gareb Shamus is no longer president/CEO of Wizard World, Inc. Being publicly traded, notice of this change had to be filed with the SEC.

This includes the company’s report:

Item 5.02

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

Departure of Directors or Certain Officers

Pursuant to a letter of resignation dated December 1, 2011 (the “Resignation Letter”), Mr. Gareb Shamus resigned his positions as President, Chief Executive Officer and Director of the Company. Mr. Michael Mathews, Chairman, will serve as the Company’s Interim Executive Chairman and oversee the Company’s day to day operations until the Board of Directors (the “Board”) has identified a new Chief Executive Officer. The Board will immediately commence the search for a new Chief Executive Officer and anticipates completing its search no later than January 15, 2012. Mr. Shamus’ resignation is not the result of any disagreement with the Company on any matter relating to the Company’s operations, policies or practices.

And also includes Gareb’s letter of resignation:

December 1, 2011

Board of Directors

Wizard World, Inc.

Gentlemen:

I hereby resign my positions as President, Chief Executive Officer and Director of Wizard World, Inc. (the “Company”) effective immediately. The resignation is not the result of any disagreement with the Company on any matter relating to the Company’s operations, policies or practices.

Sincerely, /s/Gareb Shamus Gareb Shamus

An SEC filing is about as official as you’re likely to get on the matter.

It is not immediately apparent how many shares Shamus may still own or if he’s going to have any associations with the company in a different capacity.

Would you like to be the new CEO of Wizard? Wizard anticipates making a hire within approximately 45 days.

According to anew mailer, artist Steve Rude has been instructed by his lawyer not to talk about his case. However “He does want me to pass along his deepest gratitude. He really loves reading any mail that comes his way and words of encouragement to be strong.”

You’ll recall that on the night of Halloween, Rude was arrested and charged with assault and violating a court order in a dispute with a neighbor.

In happier news, the full color Rude 2012 Sketchbook is now available for presale. This weekend it’s on sale for $20. Regular price of $25 goes into effect on Monday. All purchases get am exclusive presale print.

Former comics retailer and convention runner Michael George was sentenced to life in prison today for the murder of his wife Barbara 21 years ago. The sentence was mandatory in Michigan, so there was little suspense. At the sentencing, George still protested his innocence. “”Something will be found,’ he told the court. “Someone will come forward. I have never harmed a woman in my life. Let’s not forget no one saw me there — no one.”

Meanwhile, Barbara’s surviving siblings Christine Ball and Joe Kowynia had a different message.

“Mike, you chose the life you led,” she said. “You chose a life sentence for my sister. You took our sister, but you will never take our memories.”

Ball, and her brother, Joe Kowynia, both also addressed Michael and Barbara George’s two daughters — Tracie and Michelle — who support their father and were not present in court Monday at his request.

“We think about you all the time,” Ball read from a statement she prepared. “Your mother lost everything. She didn’t get to hold you and watch you grow up.

“I know we sit at opposite sides of the courtroom, but we have and always will love you.”

Although more appeals are expected, this may end this long legal saga for now; George was convicted in an earlier trial but the verdict was set aside.

Oh yeah, it’s on.

After being ousted from the directing chair of Spider-Man: Turn Off the Dark, the troubled Broadway show about the webslinger, director Julie Taymor kept a tight smile at the opening of the show. However, now the gloves are off and she’s suing the producers over her creative rights and unpaid royalties.

“As the lawsuit filed today makes clear, the defendants have violated Ms. Taymor’s creative rights as an author of ‘Spider-Man: Turn Off the Dark,’” said Taymor’s lawyer, Charles Spada, in a statement. “Moreover, the producers have failed to compensate Ms. Taymor for their continued use of her work to date.”

Earlier this year, the Stage Director and Choreographers’ Society (SDC) filed an arbitration claim against the show’s producers over unpaid directing royalties to Taymor.

Taymor was replaced as director by Philip William McKinley, who removed some Taymor trademarks, including a chorus of geeks and the second act dramatics of a spider-woman named Arachne.

While no more drama is needed for the unbelievable Spider-Man musical saga—already ranging from sudden death to a rash of bizarre injuries—this is just a finishing touch of controversy.

Cartoonist Susie Cagle — who was previously teargassed during another confrontation — was arrested as part of the Occupy Oakland protest on Wednesday night. Cagle was not there as a protester, but as a reporter, covering the scene for Spot.us. According to Cagle’s father, Cagle was arrested despite having a prominent press pass and the arresting officer actually knowing her and her work.

After being held overnight at Santa Rita Jail, Cagle was released, and charged with the misdemeanor of “present at raid.” On her Twitter stream, she mentions she’s currently trying to retrieve her wallet and housekeys from the Oakland police.

ABC news has a video interview Cagle on the event.

For those covering this new item, the arrest of a clearly marked media person covering the event seems troubling…well, a lot of this whole Occupy Oakland matter seems troubling.

Cagle’s Twitter stream — which was maintained by her partner while she was in jail — is the best source for accurate information regarding the matter. As she points out, she has worked for media outlets Alternet, Truthout and more in the past, and has delivered comics journalism for Cartoon Movement in the past.

As she mentions in the news piece above, Cagle intends to continue covering Occupy Oakland — hopefully she’ll be reporting on the headlines more than making them in the future.