Judge: Marvel owns Ghost Rider rights

Posted: Thu., Dec. 29, 2011, 4:58pm PTA federal court judge has rejected a comicbook author's claim to the character Ghost Rider, ruling that it was clear that Marvel Comics had the rights to the superhero. In a ruling issued on Thursday, U.S. District Judge Katherine Forrest granted summary judgment to Marvel after concluding that, even though Gary Friedrich conceived and wrote the first comic book that introduced the character in 1972, he conveyed rights to the character by endorsing checks from Marvel and by signing a 1978 agreement that "effectively ended any remaining ownership claims" he may have had. Friedrich has been pursuing the rights to the character since 2004, as plans were in the works for a movie adaptation eventually released in 2007 and starring Nicolas Cage. A sequel is in the works for release next year. He had argued that he retained rights because he did some of his work as a freelancer, and that even though he signed over rights to the character, he did not sign over the rights to non-comic book use in films, TV and merchandising. But Forrest rejected those arguments. She said that she didn't have to "travel down the rabbit hole" of whether the work was made "for hire" or separate from Marvel. She noted that his freelance checks contained a legend on the back noting that by endorsing them, Marvel retained the character rights. "The law is clear that when an individual endorses a check subject to a condition, he accepts that condition," Forrest wrote. She also said that the 1978 agreement "undoubtedly conveyed whatever renewal rights he may have retained, if any." Contact the Variety newsroom at news@variety.com

New Underworld: Awakening images arrive

A new set of images have been released for supernatural sequel Underworld: Awakening, and fans will be pleased to note that Kate Beckinsale still rocks a leather catsuit like nobody else...The new images show Beckinsale's vampire warrior Selene getting to grips with her first taste of freedom, after a long stint in captivity. And from the looks of the trouble she seems to have got herself into, it seems to be a textbook case of out of the frying pan, into the fire.One image stands out in particular, with a flamethrower-wielding assailant advancing on Selene. The vampire race has been uncovered by humans you see, and mankind isn't proving particularly tolerant of their newly discovered neighbours.There's also a look at Theo James' rabble-rousing vampire, David, who looks to be a dab hand with a pitchfork and a flaming torch. He'll be leading the charge of a sect of radical vamps, unwilling to take man's animosity lying down.It's all about the catsuit though really, isn't it? We'll get a chance to see it in all its glory when Underworld: Awakening rolls into UK screens on 20 January 2012.

Four times of 'Christmas' on chart

Despite overall album sales that have been more ho-hum than ho-ho-ho since the Christmas sales season neared its conclusion, Michael Buble's "Christmas" continued to be put at No. 1 round the U.S. album chart now, commanding the very best chart for just about any fourth consecutive week. Crooner's Warner Bros. holiday set needed a 7% dip but nevertheless commanded sales of 448,000, according to Nielsen SoundScan data for your week ended 12 ,. 18. Yule package has totalled 1.96 million copies in eight days. Buble's album was almost the lone vibrant place in the comparatively flat December album market. While music shopping typically booms inside the immediate pre-Christmas and publish-Christmas days, the possible lack of truly potent new game game titles could erase the threePercent grow in album sales the biz observed using the finish of October. Just two other albums offered greater than 100,000 copies the other day, with no new releases developing a top-10 impression. Inching up one slot to No. 2, Adele's "21" (Columbia) leaped 48% and offered 277,000 within the 43rd chart week -- likely sparked with the fresh single "Set Fire for the Rain." Justin Bieber's "Beneath the Mistletoe" (Island) rose one pole to No. 3 with 171,000 moved (up 8%). Through the pre-Christmas stanza this season, seven albums, introduced by Taylor Swift's "Speak Now," offered a lot more than 100,000 copies. No such hurry is on view this year, though most game game titles round the chart observed percentage gains. Previous week's major entry, Akron duo the Black Keys' "El Camino," slips two positions to No. 4, selling 85,000 (lower 59%). 5 Best is completed by Lady Antebellum's "Own the Evening," which rose 10 slots and 60% to No. 5 by getting an 81,000-copy week, climbing behind a couple of high-profile TV looks. Rounding the very best ten are Nickelback's "PresentInch (No. 6, 80,000 offered, up 22%), Drake's "Be MindfulInch (No. 7, 77,000, up 5%), Andrea Bocelli's "Concerto: Live in Central Park" (No. 8, 76,000 offered, off 3%), Scotty McCreery's "Apparent as Day" (No. 9, 67,000, up 29%) and Amy Winehouse's "Lioness: Hidden Treasures" (No. 10, 65,000, off 43%). Contact the number newsroom at news@variety.com

Work of Art's Dusty on Why Jerry Was Wrong and Having His Own Short Shorts

Work of Art, Dusty Dusty Mitchell was not only surprised to have been cut from Wednesday's episode of Work of Art, but he was also pretty upset. He stands by his portrait of a child made entirely out of candy as a winning work. "I don't really understand why the judges felt like it needed to be laced with conceptuality," Mitchell, 32, said. "It is a portrait.I think the combination of materials and image provided a sufficient amount of substance that went far beyond a gimmick." Mitchell, who works as an installation artist, sculptor and art teacher in Arkansas, opened up to TVGuide.com about his feelings toward his competitors' portraits, his problem with judge Jerry Saltz's critiques and what's next for him. Plus, his thoughts on having to wear Young's short shorts! You said you were surprised to be sent home. Were there other pieces that you felt didn't work as well as yours? Dusty Mitchell: Yeah. I think Kymia had the best piece and deserved to win the challenge. I think my piece was next. It captured the identity of my subject; it reflected her appropriately.It worked as a portrait and captured the temporary nature of youth. I think Young's idea was good but his execution is this case was a strange combo of being too cluttered and too clean at the same time. Also, other than including the painting that [Young's subject] Terrance did, the piece didn't really offer any personal info about the subject. Lola's piece didn't feel like a portrait to me.It felt more like a historical museum display about currency.And Sara J's work was heartfelt, but I think the presentation/3D composition wasn't great. Work of Art's Michelle on what went wrong, the Kymia controversy and why poop is a good thing Do you think it was fair that the judges labeled your piece "gimmicky"? Mitchell: You can make a case that it is gimmicky, I guess.If you are looking for a reason, you can take a positive or negative stance on any piece.I suppose "gimmicky" would be the downside of my piece.The upside would be that it was an honest and appropriate work that captured the spirit of the child being depicted. The materials related to the image and identity of the piece. They suggested a feeling of "temporary-ness" and looked, smelled, and even tasted like being a kid, and the color palette reflected the energy and attitude of Mairead.Perhaps most important though, it fulfilled the challenge exactly. You had another idea that you ultimately ditched. Why did you change your mind again? Mitchell: The other idea was OK, but not necessarily better. It was different and would have ended up looking more like drawing or painting, which could have worked in my favor, but ultimately it would not have been better, nor would I have had time to finish it.I knew I was running the risk of repeating a past work, but, if you remember, the [self portrait] was not for a challenge and wasn't up for criticism by the judges.And as for the clown piece, I didn't really expect that piece to come up in the discussion. I really didn't like that piece and just kind of deleted it from my thinking after it got me through. Unfortunately, that's what the candy piece reminded Jerry of. Anyway, I felt like I was changing ideas just because that is what the judges would want me to do, and that is basically a sell-out reason to change ideas. So I decided to stick with my instinct and use my original idea. Hence, the backfire. Work of Art's The Sucklord on how the kids challenge ruined him Do you think your subject - a child - hurt you with the judges? Mitchell: Well, the first thing Jerry said in my critique was, "When I found out what the challenge was, I knew you were going to find a kid, and do a portrait of them," or something very close to that. So I thought, "Great, here we go."You never know with the judges. I do know this, though: If you are critiquing someone's work, the easiest thing to say if you're not feeling it, or don't like it, or are not sure what to say, is to tell them that they could have done the opposite. In this case, they basically said that I wasn't taking a risk by choosing a child as a subject. That it was predictable. There is a mysterious line somewhere that separates using your strengths as an artist, and taking risks that could result in terrible work.Particularly with Jerry.I'm not sure why it was so important to him that we take these huge leaps out of our comfort zone.He has said on more than one occasion that he feels like we should be willing to fail flamboyantly, on a grand scale. I think we have checked that requirement off the list by being on national television, and participating in the competition to begin with.I think at times he felt like he was our teacher, trying to push us in new directions.I wasn't in the competition to go to school.I've been to school.I can go in new directions with my work according to my own time line.I don't need Jerry to push me in 50 directions within a time frame of a few weeks.That doesn't make sense to me. It shouldn't make sense.The format of the challenges and the competition in general is disconnected with art-making in reality without Jerry piling on that unwritten rule within the context of the show. I feel like the artists were brought to the show to do their thing, be judged, and see who is the most successful. What happened after Lola complained that it was unfair that thejudges enjoyed the unintentional falling candy? Did you talk with herwhile the judges deliberated? Mitchell: Nope. She thought it was lucky for me that the judges liked that aspect of the piece I guess.She thought I had no intention of the pieces falling.The truth about the falling candy is this:I knew some would fall.I couldn't (and didn't) know how many would fall and how fast they would fall.I chose not to have them cleaned up, I chose to just let them fall.So no, I didn't know that it would be like a constant stream of falling pieces throughout the exhibition, but yes, I did know at least some would fall and I chose before the opening to just let them fall. Whatever - it doesn't matter now does it? Check out today's news Which piece was your favorite to create during the competition? Mitchell: [My] favorite to make was easily the street art piece Young and I made. We worked all night under the Manhattan bridge up on scaffolding. We had a great view of the city, the weather was great, and we had great idea.That was a night I will never forget.It's not every day that I am making a 40-ft. piece of art at 2 a.m. in NY City. I can still hear the train going by on the bridge every minute. What did your wife have to say about seeing you in Young's shortshorts? Have you since bought a pair? Mitchell: She got a good laugh out of it.I have a pair of really short cut-off jeans that I wear to the lake as a joke during the summer. She calls them my "jorts" (short for jean shorts).So for her it wasn't as shocking as it was to most others.The night that episode aired, I sent a picture of me in my jorts to Young. What are you currently working on? Mitchell: Since I've been back, I've just been working and teaching.I have many art opportunities that are appearing on the horizon, but no confirmed dates for shows or anything right now.Sweet T is pregnant again, so we are expecting another baby in May which is exciting. We are looking to move to a bigger house.I'm kind of in a reset mode with everything it seems like.My family life is about to kind of restart with the new baby coming, and my art career is in a state of rebirth as well. I can feel that there are big changes coming in both aspects of my life. It's a good feeling to have.

The brand new the new sony ups Naveira to professional V . p . of publish

Naveira The brand new the new sony Pictures Entertainment has upped John Naveira to professional V . p . of publish-production.Within the new role, Naveira will oversee an worker of 10 using every factor of publish-production, from budgeting to digital delivery/answer print, on all game game titles in the new the new sony. A 21-year veteran in the studio, Naveira will assume the career vacated by James Honore, who retires this month after 26 years working in the new the new sony."John is broadly regarded as as one of the most skilled and experienced publish production professionals on the market,In . mentioned Gary Martin, prexy of production administration in the new the new sony. "When production systems, our filmmakers knows their films will be in good hands. John is detail-oriented and systematic, which he's exceptional associations while using best publish-production craftspeople in the market. There's nobody simpler to supervise the various areas of finishing our films which we're thrilled to recognize his effort using this well-deserved promotion."Naveira grew to become an associate from the studio in 1990 just like a publish-production supervisor and rose using the ranks to director, executive director, and, most recently, V . p . of publish-production by 2009. He's personally supervised greater than 80 films, like the "Spider-Guy" franchise, "Jerry Maguire" and "Jerry Maguire." He's presently controlling "The Astounding Spider-Guy" and Kevin James starrer "Here Comes the Boom," additionally to controlling his team since the mind in the department.Naveira's career began in 1979 at Hanna-Barbera, where he labored inside the animation department. In 1982, he grew to become an associate from the publish-production staff at Orion Pictures, where he completed such films as "Amadeus," "Hoosiers" and "The Silence in the Lamb." After departing Orion, Naveira labored as director of publish-production within the P Laurentiis Entertainment Group before joining Columbia. Contact Rob Sneider at rob.sneider@variety.com

'Glee,' 'Sons of Anarchy' Put into Amazon . com Prime Instant Video Streaming Service

NY - Credit Suisse analyst Spencer Wang on Friday decreased his advertising revenue growth forecast for Viacom's current quarter from 6 % to three percent, stating balance-talked about rankings weakness at kids funnel Nickelodeon.our editor recommendsNickelodeon versus. Nielsen: Who's the reason for the Network's Rapidly declining Rankings?Wall Street Weighs in at Viacom's Outlook Among Ad, Nickelodeon Rankings Challenges Younger crowd cut his earnings per share projection for what's the entertainment company's fiscal first quarter by 4 cents to $1.02. Nickelodeon's rankings are lower less when searching at rankings data from alternative sources as in comparison to figures from media measurement firm Nielsen, however the funnel continues to be trending lower, he authored inside a report titled "It's 10 PM, Are You Aware Where Your Kids Are?" Some have wondered whether elevated accessibility to online content might have hurt Nickelodeon. "We don't believe Nick content accessibility to Netflix may be the reason," Wang stated though. "Using third-party data, nearly all new avails on Netflix first showed in Feb, which doesn't coincide using the rankings decline that grew to become pronounced within the fall. Rather, it seems that declines in overall viewership within the people 2-11 demo and rankings share change to Disney Funnel would be the primary reasons." Viacom Boss Philippe Dauman has stated the sudden fall decline in Nickelodeon rankings might be because of issues with Nielsen's data. "Our overview of alternative set-top box data finds that Nick rankings continue to be lower year-over-year, the popularity is comparable (e.g. degeneration during the period of the quarter), however the magnitude from the decline is mid to high single numbers" as opposed to a mid-teens drop in Nielsen's rankings, Wang authored. In the finish during the day, "Nielsen rankings remain the currency for TV advertising," the loan Suisse analyst outlined in the report, echoing latest comments from Dauman the 2009 week. "Using the rankings weakness, our bottoms up analysis finds that Nick has limited scatter inventory within the fiscal first quarter given make goods." Email: Georg.Szalai@thr.com Twitter: @georgszalai Related Subjects Viacom, Nickelodeon

Iraq War Vet Ordered to Pay $187,000 in Failed Lawsuit Against 'Hurt Locker' Producers (Exclusive)

Dimitrios Kambouris/Getty ImagesEddie Murphy Eddie Murphy may be headed back to the small screen.our editor recommendsTHR Poll: Oscar Viewers Prefer Eddie Murphy Over Billy Crystal as Show HostHow Much Will Eddie Murphy's Oscar Exit Hurt His Career? (Analysis)Eddie Murphy, Drew Barrymore Top List of Overpaid Actors HBO Films is developing an untitled television biopic centered on former Washington D.C. Mayor Marion Barry, whom Murphy would play should the project move forward, a source confirms to The Hollywood Reporter. Spike Lee is attached to direct with John Ridley(Red Tails, Da Brick)to pen the script. Murphy, Lee and Ridley would all serve as executive producers as the Washington Post first reported. Journalists Harry Jaffe and Tom Sherwood have been tapped to consult, along with The Nine Lives of Marion Barry filmmakers Dana Flor and Toby Oppenheimer. Jaffe and Sherwood penned a book published in 1994 entitled Dream City detailing politics in D.C. Barry served as the D.C. mayor from 1979 to 1991 and again from 1995 to 1999, and is currently a member of the D.C. City Council representing the city's eighth ward. In January 1990, Barry was caught smoking crack cocaine at the Vista International Hotel in downtown and was arrested on drug charges, serving six months in prison. Eddie Murphy Spike Lee

Phil Isaacs dies at 89

Phil Isaacs, a film distribution and theater chain executive who was also a pioneer in the development of pay television, died of natural causes on Dec. 2 in Woodland Hills, Calif. He was 89. As vice president of International Telemeter Corp., a company operated by Paramount Pictures to perfect a pay TV system, Isaacs played a key role in 1960 in setting up and managing a closed-circuit experimental pay TV station in the Toronto suburb of Etobicoke. He was also involved in finding programming for the service, signing up the Toronto Argonauts of the Canadian Football League, the away games of the Toronto Maple Leaf hockey team, and Chicago's Second City; films came from Paramount. Charges for programming on the three-channel system were collected via a coin box installed in subscribers' homes. Though a commercial failure, the Etobicoke operation set the stage for cable television and for pay channels such as HBO and Showtime. In a varied four-decade career in the film industry, Isaacs served as a producer's representative for Woody Allen movies, including "Hannah and Her Sisters," and as VP in charge of West Coast operations for General Cinema Corp., the exhibitor acquired by AMC Theaters in 2002. Philip Isaacs was born in the Bronx and graduated from the City College of NY. Shortly after returning from Navy service from 1943-46, he got his first job as a booker's assistant at Paramount in NY. He subsequently moved up to branch manager in Washington, D.C., head of the Rocky Mountain division and Eastern-Southern sales manager. In 1967, he joined Cinema Center Films as VP of domestic distribution; in 1972 he was named VP of marketing at Tomorrow Entertainment. Subsequent posts included VP-general sales manager of Avco Embassy in 1975 and of Orion Pictures in 1980; VP-general sales manager and then president of TWE Theatrical in 1988. After serving as president of South Gate Entertainment in 1989, he retired. Isaacs was a member of the executive branch of the Academy of Motion Picture Arts & Sciences and of the Motion Picture Pioneers. Survivors include Isaacs' second wife, Rusty Stein Isaacs; three daughters; two stepdaughters; and a brother. Donations may be made to the Motion Picture and Television Fund. Contact Variety Staff at news@variety.com

Newt Gringich's Political Ad: Is The Fact That 'Lord from the Rings' Music?

Newt Gingrich: former Speaker of the home, GOP presidential nominee, 'Lord from the Rings' fanatic. OK, that third truth is just speculation, but you will naturally think it after watching Gingrich's new political ad, which, as Vanity Fair has stated, features music that sounds awfully like the Howard Shoreline composition Healing For Peter Jackson utilized in 'The Return from the King,' when Samwise Gamgee returns towards the Shire. Maybe Newt and Bilbo Baggins are long term buddies? Or, could he be owning the main one ring which will rule all of us? Again, all speculation. For your benefit, the ad, along with a clip from the music, continues to be published below. [via Vanity Fair] [Photo: Getty] THE AD The Background Music Follow Moviefone on Twitter Like Moviefone on Facebook

Tom Cruise Visits India's Taj Mahal

Anderson Cooper Show It's official. The U.S. Government has decreed that Anderson Cooper's daytime talk show, Anderson, is a bona fide news interview program.our editor recommendsAnderson Cooper's Daytime Talk Show RenewedAnderson Cooper's Daytime TV Show Posts Ratings Gain Amid Teen TragedyAnderson Cooper 'Saddened' by Teen Coma TragedyAnderson Cooper's Daytime Talk Show Struck by Teen Coma Tragedy There appears to have been some doubt about this. The show topics this week have included such journalistic queries as the ethics of spanking children, how to free one's life from clutter, and a "new trend" of parents gifting their children plastic surgery. ANE Productions requested the FCC's help in clarifying that the daytime talk show is indeed a news program. On Monday, the government agency responded with a thumbs up. Here's the ruling by FCC assistant chief Robert Baker declaring Anderson to be news for purposes of regulations. Specifically, one reg matters most of all -- Section 315 of the Communications of 1934, otherwise known as the "Equal Time Rule." The significance here is that TV and radio stations are obligated to treat political candidates equally, including giving them proportionate time on air. Congress has exempted news shows, though, meaning that if Anderson now wants to hear Newt Gingrich's feelings on spanking Mitt Romney, the stations that carry Cooper's syndicated show aren't obligated to hear what Buddy Roemer has to say too. Of course, there was hardly any doubt that Anderson would qualify for the exemption, even if the show's idea for a fun show oneuthanasia includes "Daniel the Miracle Dog." As the FCC's ruling points out, the TV show Entertainment Tonight has also qualified as a bona fide newscast after the agency decided its "role is not to decide, by some qualitative analysis, whether one kind of news story is more bona fide than another." For some reason, the FCC likes to italicize its bona fides so we will too. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner PHOTO GALLERY: View Gallery The Most Talked-About TV News Faces Anderson Cooper Anderson

Bob Marley's Family Sues to Stop Half-Brother From Using Singer's Name and Likeness

NEW DELHI - Hollywood star Tom Cruise says his visit to India this week follows a lifelong desire to see the country.our editor recommendsTom Cruise Lining Up 'We Mortals Are' for Warner Bros.Tom Cruise's 'Mission Impossible Ghost Protocol' Set for Early Imax Release in U.K. He said while touring the iconic, white-marble Taj Mahal mausoleum in Agra that he is "very excited" about being in the country for a fan screening of his latest action-thriller, Mission Impossible: Ghost Protocol, days ahead of its world premiere on Wednesday. Cruise joins Bollywood star Anil Kapoor for the red-carpet screening Sunday in Mumbai. The film sees Cruise reprise his role as secret agent Ethan Hunt, while Kapoor plays an Indian business tycoon. Cruise told Press Trust of India on Saturday, "I wanted to come to India my whole life, so I am very excited." PHOTO GALLERY: View Gallery Hollywood's Highest-Earning Actors Related Topics Tom Cruise International Asia Mission: Impossible - Ghost Protocol