Editing Spawn (character) (section)

==Legal disputes==
===Dispute with Neil Gaiman===
In 1993, McFarlane contracted [[Neil Gaiman]] to write ''Spawn'' #9. While doing so, Gaiman introduced the characters [[Cogliostro]], [[Angela (comics)|Angela]], and [[Medieval Spawn]]. All three characters were designed and co-created by [[Todd McFarlane]] and continued to be featured in the series after Gaiman's involvement, and some had tie-ins with McFarlane's toy company. Cogliostro had a prominent role in [[Spawn (1997 film)|the live-action movie]] in 1997. McFarlane had agreed that Gaiman was a co-creator of the characters and paid him royalties for reprints, graphic novels, and action figures.<ref name="gaim1">{{cite web| url = http://www.oafe.net/articulation/0307.php| title = Points of Articulation: KIMOTA! Neil Gaiman vs. Todd McFarlane| date = July 17, 2003| publisher = OAFEnet| access-date = March 9, 2009| archive-date = March 14, 2009| archive-url = https://web.archive.org/web/20090314015626/http://www.oafe.net/articulation/0307.php| url-status = live}}</ref> After a few years, he ceased the payment of royalties and gave Gaiman notice that he owned all rights to the characters, citing the copyright notice from #9 and claimed that Gaiman's work had been work-for-hire and that McFarlane was the sole owner.<ref name="gaim2">{{cite web| url = http://www.oafe.net/articulation/0307.php| title = Points of Articulation: KIMOTA! Neil Gaiman vs. Todd McFarlane, part 2| date = September 1, 2004| publisher = OAFEnet| access-date = March 9, 2009| archive-date = March 14, 2009| archive-url = https://web.archive.org/web/20090314015626/http://www.oafe.net/articulation/0307.php| url-status = live}}</ref>

In 2002, Gaiman filed suit against McFarlane and, in response, McFarlane counter-sued. Gaiman had partnered with [[Marvel Comics]] to form Marvels and Miracles, LLC, which bankrolled the lawsuit.<ref name="gaim1"/> The main goal was to determine the issue of ownership for another character Gaiman felt he had a stake in, Miracleman, which at the time McFarlane was believed to hold a sizable stake in after his buyout of the assets of [[Eclipse Comics]]. This issue was thrown out. Instead, the court chose to rule on the breach of contract issue, the rights of ownership and the copyrightability of the characters from ''Spawn'' #9. Several arguments were presented by McFarlane and all were rejected, leading to a sizable judgment against McFarlane and [[Image Comics]].<ref name="gaim1"/> The matter went to appeal and the judgment was upheld in a 2004 decision.<ref>{{cite court |litigants=Gaiman v. McFarlane |vol=360 |reporter=F.3d |opinion=644 |court=[[United States Court of Appeals for the Seventh Circuit|7th Cir.]] |date=2004-02-24 |url=https://casetext.com/case/gaiman-v-mcfarlane |archive-url=https://web.archive.org/web/20240728155031/https://casetext.com/case/gaiman-v-mcfarlane/ |url-status=live }}</ref><ref name="WagnerGolden2008"/><ref name="gaim2"/>

Gaiman's rights as co-creator and co-owner of Cogliostro, Angela, and Medieval Spawn were acknowledged.<ref name="gaim2"/> The court's view was that Gaiman and McFarlane's collaboration led to each contributing half of the work.<ref name="gaim2"/> Gaiman wrote the story while McFarlane illustrated the character; because of this, each held a 50% stake in the characters. Issue 9 was reprinted for the first time since the lawsuit was filed in the hardcover edition of ''Spawn Origins: Volume 1''. In a reprint collection of the first twelve issues of ''Spawn'', the contentious issue (along with [[Dave Sim]]'s #10, featuring copyrighted character [[Cerebus]]) was excluded, but both issues have been reprinted in the hardcover and deluxe editions of ''Spawn Origins Collection: Volume 1'', and the black and white 2012 (and the later 2021 color edition) softcover [[omnibus edition|omnibus]] ''Spawn Compendium'' 1, collecting ''Spawn'' issues #1–50. In 2012, McFarlane and Gaiman settled their dispute,<ref>{{cite web|url=https://www.cbr.com/gaiman-mcfarlane-settle-suit-on-medieval-spawn-angela/|title=Gaiman & McFarlane Settle Suit on Medieval Spawn, Angela|website=[[Comic Book Resources]]|date=January 30, 2012|access-date=June 13, 2020|archive-date=November 18, 2018|archive-url=https://web.archive.org/web/20181118172703/https://www.cbr.com/gaiman-mcfarlane-settle-suit-on-medieval-spawn-angela/|url-status=live}}</ref> and Gaiman was given full ownership of the character Angela.<ref>{{cite web |url=http://www.newsarama.com/17269-todd-mcfarlane-reacts-to-the-marvel-angela-situation.html |title=TODD MCFARLANE Reacts to the Marvel/ANGELA Situation |website=[[Newsarama]] |date=March 25, 2013 |access-date=January 12, 2017 |archive-date=April 19, 2017 |archive-url=https://web.archive.org/web/20170419200545/http://www.newsarama.com/17269-todd-mcfarlane-reacts-to-the-marvel-angela-situation.html |url-status=live }}</ref> Gaiman, in turn, sold all rights to the character to Marvel Comics.<ref>{{cite web|last=Johnson|first=Rich|title=Marvel Owns Angela – But No, Karen Gillan Won't Be Playing Her In Guardians Of The Galaxy|date=June 19, 2013|url=http://www.bleedingcool.com/2013/06/19/marvel-owns-angela-but-no-karen-gillan-wont-be-playing-her-in-guardians-of-the-galaxy/|publisher=[[Bleeding Cool]]|access-date=June 19, 2013|archive-date=March 7, 2019|archive-url=https://web.archive.org/web/20190307000352/https://www.bleedingcool.com/2013/06/19/marvel-owns-angela-but-no-karen-gillan-wont-be-playing-her-in-guardians-of-the-galaxy/|url-status=live}}</ref>

===Tony Twist lawsuit===
[[Todd McFarlane]] created a mob enforcer character named "Antonio 'Tony Twist' Twistelli", who McFarlane acknowledged was named after hockey player [[Tony Twist]]. Twist won a $15 million verdict in 2004 when a jury found Todd McFarlane Productions had profited from Twist's likeness.<ref>{{cite news| url = https://www.cbc.ca/news/entertainment/todd-mcfarlane-productions-files-for-bankruptcy-1.513940| title = Todd McFarlane Productions files for bankruptcy| access-date = July 13, 2007| author = CBC Arts| author-link = Canadian Broadcasting Corporation| date = December 20, 2004| publisher = [[Canadian Broadcasting Corporation]]| archive-date = June 22, 2008| archive-url = https://web.archive.org/web/20080622191456/http://www.cbc.ca/arts/story/2004/12/20/todd041219.html| url-status = live}}</ref> The verdict was upheld after two appeals in June 2006, but the two later settled out of court for $5 million.<ref>{{cite web |url=http://stlouis.bizjournals.com/stlouis/stories/2006/06/19/daily18.html |title=Appeals court upholds $15M verdict for Twist |website=Stlouis.bizjournals.com |access-date=January 12, 2017 |archive-date=August 10, 2024 |archive-url=https://web.archive.org/web/20240810002935/https://www.bizjournals.com/stlouis/stories/2006/06/19/daily18.html |url-status=live }}</ref>