Invincible creator Robert Kirkman is being sued by a comic book artist who says he was tricked into relinquishing his copyright.
William Crabtree claims he co-created Invincible (he was the comic book’s colorist for its first 50 issues) but was convinced by Kirkman to surrender his ownership of the title back in 2005 in order to make it easier to sell the rights to studios.
“Fraud and deceit has become a standard business practice for Kirkman and is apparently where his true creative aptitude lies,” claims attorney Devin McRae in the complaint (via The Hollywood Reporter).
Crabtree claims that he had an oral agreement with Kirkman that granted him 20 percent of single sale proceeds for Invincible, as well as 10 percent of any revenue from “other film or television commercial exploitation of the Work together with any derivative projects based on the Work and any allied or ancillary rights in the Work.”
Essentially, this means that Crabtree would have missed out on a large paycheck when Invincible was turned into an animated series.
As for why this agreement was never written down, Crabtree alleges that Kirkman convinced him to sign over his rights with a “Certificate of Authorship” while at San Diego Comic Con in 2005.
He claims that Kirkman persuaded him by stating that Invincible would be more saleable to studios if it came from a single creator.
“Kirkman falsely told Crabtree that Crabtree’s rights and financial interest in the Work would remain unchanged if he signed the Certificate of Authorship and that the document would simply allow Kirkman to market the licensure of the Work more easily, resulting in greater profits for both of them,” reads the lawsuit.
Once the document was signed, the lawsuit claims that Kirkman continued to pay Crabtree for comic sales, as well as licensing by MTV for an animated series and Paramount Pictures for a film and TV option.
But when Invincible was picked up by Amazon Studios, Crabtree claims that Kirkman refused his claims for compensation.
“When Crabtree questioned Kirkman about why Kirkman continued to pay Crabtree royalties on the Work for years after the Certificate of Authorship, Kirkman stated that those royalty payments were actually just ‘bonuses,’ that he paid at his discretion,” reads the lawsuit.
The lawsuit alleges fraud and breach of contract by Kirkman, as well as denying Crabtree access to profit statements in connection to the Amazon TV series. The suit ultimately seeks a judgment that Crabtree is co-creator of Invincible, as well as an account of what he’s owed and punitive damages.
Of course, this isn’t the first time Kirkman has seen legal troubles around his work.
The Walking Dead co-creator Tony Moore also sued Kirkman, claiming he “swindled” him out of profits and residuals for the comic book adaptation. Moore’s lawsuit ended with a settlement between the two parties. Additionally, Kirkman himself (and other creators) sued AMC in 2017 for breach of contract surrounding the post-apocalyptic TV series.
Ryan Leston is an entertainment journalist and film critic for IGN. You can follow him on Twitter.
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William Crabtree claims he co-created Invincible (he was the comic book’s colorist for its first 50 issues) but was convinced by Kirkman to surrender his ownership of the title back in 2005 in order to make it easier to sell the rights to studios.
“Fraud and deceit has become a standard business practice for Kirkman and is apparently where his true creative aptitude lies,” claims attorney Devin McRae in the complaint (via The Hollywood Reporter).
Crabtree claims that he had an oral agreement with Kirkman that granted him 20 percent of single sale proceeds for Invincible, as well as 10 percent of any revenue from “other film or television commercial exploitation of the Work together with any derivative projects based on the Work and any allied or ancillary rights in the Work.”
Essentially, this means that Crabtree would have missed out on a large paycheck when Invincible was turned into an animated series.
As for why this agreement was never written down, Crabtree alleges that Kirkman convinced him to sign over his rights with a “Certificate of Authorship” while at San Diego Comic Con in 2005.
He claims that Kirkman persuaded him by stating that Invincible would be more saleable to studios if it came from a single creator.
“Kirkman falsely told Crabtree that Crabtree’s rights and financial interest in the Work would remain unchanged if he signed the Certificate of Authorship and that the document would simply allow Kirkman to market the licensure of the Work more easily, resulting in greater profits for both of them,” reads the lawsuit.
Once the document was signed, the lawsuit claims that Kirkman continued to pay Crabtree for comic sales, as well as licensing by MTV for an animated series and Paramount Pictures for a film and TV option.
But when Invincible was picked up by Amazon Studios, Crabtree claims that Kirkman refused his claims for compensation.
“When Crabtree questioned Kirkman about why Kirkman continued to pay Crabtree royalties on the Work for years after the Certificate of Authorship, Kirkman stated that those royalty payments were actually just ‘bonuses,’ that he paid at his discretion,” reads the lawsuit.
The lawsuit alleges fraud and breach of contract by Kirkman, as well as denying Crabtree access to profit statements in connection to the Amazon TV series. The suit ultimately seeks a judgment that Crabtree is co-creator of Invincible, as well as an account of what he’s owed and punitive damages.
Of course, this isn’t the first time Kirkman has seen legal troubles around his work.
The Walking Dead co-creator Tony Moore also sued Kirkman, claiming he “swindled” him out of profits and residuals for the comic book adaptation. Moore’s lawsuit ended with a settlement between the two parties. Additionally, Kirkman himself (and other creators) sued AMC in 2017 for breach of contract surrounding the post-apocalyptic TV series.
Ryan Leston is an entertainment journalist and film critic for IGN. You can follow him on Twitter.
Continue reading...