Last week Peter David signed an exclusive deal with Marvel Comics. The contract has exceptions for stuff he’s already working on, like the Spike mini-series and Fallen Angel (both at IDW). The comments on that post linked to an interview at CBR, which had this interesting remark:

DC has been great and I’m very pleased and relieved, bizarrely enough, that they cancelled “Fallen Angel.” Had they not, I’d be in a very tough position because if they were still publishing it and Marvel wanted me to go exclusive, well they certainly wouldn’t have let me keep writing “Fallen Angel” for DC. So, I would have had to make a really tough choice—weigh a comic book I love against my family’s security and health. Fortunately enough I was spared having to make that decision.

It reminded me of the time I realized that VR.5‘s cancellation freed up Anthony Stewart Head to join the cast of Buffy. Or that the Sci Fi Channel turned down the B5 spinoff Crusade in part because they’d just launched Farscape.

I do wonder, though. JMS also had several books grandfathered in when he signed an exclusive with Marvel. Those included Rising Stars and Dream Police at Top Cow… and a Babylon 5 graphic novel for DC/Wildstorm (which has yet to be finished). I suspect the facts that it was a media license and a one-shot probably helped.

It’s also interesting to read Peter David’s comments about Fallen Angel and Icon. You’d think Marvel’s Icon label would be perfect—bigger circulation, lower price, still creator-owned—but IDW put so much effort into relaunching the book that he felt it would be wrong to just pack it in and take it to another publisher as long as they still wanted to publish it.

It would have been odd, though. I wonder how many books have, at different times, been published by both Marvel and DC? The only one that comes to mind right now is Elfquest. Marvel reprinted the original series through Epic in the 1980s, and DC is now handling the manga-sized reprints, the Archive editions, and new stories (still from Wendy and Richard Pini).

It seems Marvel Comics’ insane lawsuit against City of Heroes has been settled. Details are sketchy, but “no changes to City of Heroes® or City of Villains’™ character creation engine are part of the settlement.”

Given that the lawsuit was basically the equivalent of suing pencil manufacturers because they could potentially be used to draw Spider-Man, it’s good to see that Marvel didn’t win (though a precedent-setting loss for Marvel might’ve been better in the long run).

(via Slashdot)

According to The Beat, a judge has thrown out about half the claims in Marvel’s lawsuit against City of Heroes.

Apparently several of the “infringing” works they cited were in fact made by Marvel, not by players. The judge also threw out claims that the game makers infringed trademarks directly and refused to issue a declaration that they are not a service provider (if they are considered a service provider, then they are shielded from liability under the DMCA as long as they take action quickly enough).

The post mostly reprints a press release from NCsoft, so it’s noticeably upbeat, but they do have precedent on their side—such as Sony vs. Betamax. Well, as long as none of the morons in Congress manage to force the Induce act through. That would basically declare that makers of pens and pencils are liable for any copyright or trademark infringement.

Follow-up post: The suit was settled in December.