Cowboys & Aliens
Universal Pictures, DreamWorks and Platinum Studios have asked a federal judge in Texas to dismiss a lawsuit filed in December by a cartoonist claiming the sci-fi Western Cowboys & Aliens infringes on his 1995 comic of the same name.
In his complaint, Steven Busti contends the 2006 graphic novel on which the movie is based “contains striking similarities” to his own story, published more than a decade earlier in Bizarre Fantasy #1. Among those are “an alien spaceship zooming overhead the main cowboy character, the spacecraft being discovered by Native American warriors (specifically Apache) who are then attacked” and an alien commander “incredibly similar” to the conqueror “Morguu” in Busti’s work.
But Law 360 reports that in a motion filed Tuesday, the studios and Cowboys & Aliens creator Scott Mitchell Rosenberg assert Busti doesn’t provide sufficient evidence that Rosenberg had access to the self-published Bizarre Fantasy, “but instead simply alleges his comic was ‘published internationally and widely available’ and that a preview of his Cowboys and Aliens story appeared on an eight-page, obscure free weekly publication.”
Indeed, Busti, who didn’t register his comic with the U.S. Copyright Office until September 2011, two months after the premiere of the Universal film, seems to rely heavily on timing for his complaint: He notes that a preview of his “Cowboys and Aliens” story appeared on the back of Bizarre Fantasy #0 in November 1995, and was spotlighted in Comic Shop News, on the same page as a profile of Rosenberg. Less than two years later, Platinum released a one-sheet featuring a cowboy chased by an alien spaceship, part of a promotional effort that led to the sale of the film rights and the eventual release in 2006 of the graphic novel.
The defendants also brushed off accusations that the Platinum graphic novel and subsequent film adaptation bear “striking similarities” to Busti’s comic, saying that such aspects as the alien ship flying over a cowboy and the attack on the Native Americans “are generic plot elements that do not demonstrate striking similarity.”
In his complaint, first reported by TMZ, Steven Bunti contends the 2006 Platinum graphic novel on which the film is based “contains striking similarities” to his own story, published more than a decade earlier in Bizarre Fantasy #1. Among those are “an alien spaceship zooming overhead the main cowboy character, the spacecraft being discovered by Native American warriors (specifically Apache) who are then attacked” and an alien commander “incredibly similar” to the conqueror “Morguu” in Bunti’s work.
Although Bunti didn’t register his comic with the U.S. Copyright Office until September, two months after the premiere of the Universal film, he notes that a preview of the story appeared on the back of Bizarre Fantasy #0 in November 1995, and was spotlighted in Comic Shop News — on the same page as a story about Malibu Studios and Platinum chairman, and Cowboys & Aliens creator, Scott Mitchell Rosenberg (he’s also named in Bunti’s lawsuit).
In May 1997, Platinum released a one-sheet featuring a cowboy chased by an alien spaceship, part of a promotional effort that led Universal and DreamWorks to buy the film rights to Cowboys & Aliens, and Platinum to publish the 2006 graphic novel, overseen by Rosenberg.
Anyone who has had the displeasure of editing or reading poorly executed copycat literature is likely entertained by the core premise of writer Andrew Foley & artist Fiona Staples’ Done to Death trade collection: an editor who sets out to kill the writers of bad literature. This trade collection, which was released by IDW on September 21, had quite a six-year journey to get on the shelves, as Foley explained to me in this email interview. My thanks to Foley for his time. Once you’ve read this interview, be sure to read the late September interview that Foley did with CBR’s Shaun Manning.
Tim O’Shea: How long have you been developing Done to Death and how did it come to be at IDW?
Andrew Foley: It’s taken a little over six years to finally get this collection on the shelves. The original five issues took a little more than a year from to get from the initial pitch to publication. After parting ways with Markosia Fiona and I spent quite a while looking for the right publisher for the collection. In the early portion of my career, I had publishers I was working with: abruptly go out of business; unilaterally break contracts they’d agreed to; elect not to publish several graphic novels (at least one fully illustrated) I wrote for them while being constantly reassured they would see the light of day; stiff dozens of creators when the publisher decided the moment for their wildly ambitious anthology series had passed; and just generally try to advance themselves on the backs of passionate (if naïve) creators.
There are some great indy publishers out there. Red 5 springs to mind. But there are also a distressingly high number of predatory companies around whose sole purpose is to acquire or control as much intellectual property for as little as possible in the hopes that one will become 30 Days of Night or Cowboys & Aliens and get optioned for millions of dollars. It’s a bit like playing the lottery, only each ticket represents hundreds of hours of labour on the creators’ parts.
The Cowboys & Aliens movie premiered last week at Comic-Con International, and it opens nationwide on Friday, so it’s a good time to revisit the graphic novel on which it’s based. Remember the graphic novel? Despite the controversy around the initial marketing — the claim is that publisher Platinum Studios boosted the book onto the bestseller list by giving it away for free — I thought it was a pretty good read. Which is not surprising, considering it has a pretty solid team of writers and artists behind it: Scott Mitchell Rosenberg, Fred Van Lente and Andrew Foley are the writers, and Dennis Calero and Luciano Lima handled the art.
Graphicly announced Wednesday that it’s releasing an enhanced digital edition priced at $9.99, and publishing a special Nook edition at the same price. Or you could get it for free: Years ago, Cowboys & Aliens was published digitally at Wowio, which was owned by Platinum at one time but is now a separate company. It is still up at Wowio with a list price of $1.99, but at the moment it’s free as a sponsored download— without the enhancements, of course.
So what makes Graphicly’s version worth $10? I put the question directly to Ron Richards, the company’s vice president of external relations, and here is his response: “The C&A book on Graphicly is the latest release (the Wowio one is dated 2006), and the extras contain all the movie trailers, character sketches and bios. The characters are hot-spotted throughout the book, so you can click on someone and load up their bio and see development sketches. And when it’s purchased at B&N, you can unlock even more extras including video and audio.”
The extras are pretty impressive, but so is the price differential. So I leave it to you, readers: Which would you buy?
A Robot 6 reader snapped the above shot and sent it over; as you can see, San Diego is being invaded by Cowboys & Aliens (oh my!). The movie, which opens later this month, is taking over some pretty prime real estate — the Hilton San Diego Bayfront, which is right by the convention center and should be seen by everyone waiting in line for Hall H along the shoreline. It was the site of the Scott Pilgrim vs. the World wrap during last year’s convention.
E-books | Amazon announced it will allow Kindle users to read e-books from more than 11,000 libraries, marking a reversal of the company’s policy. Previously library users who borrowed e-books could read them on Barnes & Noble’s Nook, the Sony Reader and other devices, but not the Kindle. “We’re excited that millions of Kindle customers will be able to borrow Kindle books from their local libraries,” Jay Marine, Amazon’s director of Kindle, said in a statement. The Kindle Library Lending will debut later this year. [The New York Times, press release]
Publishing | Several DC Comics staff members laid off as part of the sweeping corporate restructuring — among them, editors Mike Carlin and Pornsak Pichetshote — have been hired by DC Entertainment’s newly formed Burbank-based Creative Affairs division, which operates alongside Creative Services. [Bleeding Cool]
Legal | Japanese police have arrested a 25-year-old man suspected of using Share file-sharing software to upload about 28,000 manga and anime files without the copyright holders’ permission. [Anime News Network]
Hello and welcome to What Are You Reading? This week’s guest is Alex Segura, executive director of publicity and marketing at Archie Comics. But we’ll always know him as the guy who founded The Great Curve, the blog that would one day morph into Robot 6.
To see what Alex and the Robot 6 crew have been reading lately, click below …
Saturday at Comic-Con International in San Diego, once upon a time, was “big movie day” at the con … back before every day became big movie day at the con. Still, today somewhat lived up to its reputation for being eventful, as the Avengers assembled on stage, Green Lantern movie footage was shown and one poor fan was stabbed in the eye while attending programming in Hall H, where several of the big movie panels took place. The victim was taken to UCSD Medical Center, while his attacker was taken away by police after attendees detained him.
In happier news, here’s what was announced on the comics front:
• Marvel Editor-in-Chief and Chief Creative Officer Joe Quesada confirmed that Marvel is “gonna be doing some CrossGen stuff.” CrossGen, which published numerous titles like Sojourn, Way of the Rat, Abadazad and Meridian starting 1998, went bankrupt in 2004. Disney bought their assets that same year.
Their titles covered many different genres, from fantasy to horror to detective stories. “I think with the CrossGen stuff you’re going to see us attempt a little more genre publishing, which I think is much-needed in our imprint,” Quesada said. No word yet on what properties they plan to bring back.
• Kurt Busiek announced that American Gothic, the urban fantasy comic announced at last year’s WildStorm panel, will now be called Witchlands. The series will be drawn by Connor Willumson. Busiek is also working on an Arrowsmith novel titled Arrowsmith: Far from the Fields We Know, which will include illustrations by Carlos Pacheco.