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"Blade" Creator Says Marvel Cut Him Out

Only in Hollywood would Wolfman go to court over a vampire.

In this case it's Marv Wolfman (yes, that's his name), who created Blade, the original vampire slayer (apologies to Buffy), back in 1972 for an issue of Marvel Comics' Tomb of Dracula.

Trouble is, Wolfman's not cashing in on the new $45 million, Wesley Snipes-starring film about his character.

Wolfman charges that Marvel unfairly sold the rights to Blade to New Line Cinema and he's going to court to make his case.

In what could be a precedent-setting suit, Wolfman alleges that he was just a freelancer when he created the half-human, half-vampire Blade, played by Snipes in the film, and his nemesis, the evil bloodsucker Deacon Frost (Stephen Dorff), and he should retain the rights.

Wolfman was like other young comics up-and-comers in the 1970s, who while freelancing created signature characters that publishers like Marvel and D.C. Comics now lay claim to.

Marvel argues that such superheroes were the results of "work for hire." But because he was not a full-time employee, and because he never gave up his ownership of Blade to Marvel, Wolfman claims that he deserves a cut from the film.

He says he's asked Marvel on numerous occasions for some sort of compensation, but the only thing the company would do for him was give him a film credit.

So now Wolfman's suing Marvel, New Line and its parent company, Time Warner, along with all Blade merchandisers to the tune of $35 million.

"I was hoping this would never happen," Wolfman told E! Online. "But Marvel is the only company that doesn't give creative royalties. That may explain why nobody has created a new character for them in 20 years."

In fact, Wolfman claims it's the second time he's had to fight Marvel for Blade--he says the parties also waged royalties war in 1982, when Tomb of Dracula showed up in Japanese theaters.

Wolfman's suit--in which he also seeks to establish his copyright and trademark of the Blade characters--could seriously hurt Marvel, which is currently in Chapter 11 bankruptcy and is banking its future on films like Blade and the upcoming X-Men (that film also includes characters whose ownership could be contested).

As for Blade, Wolfman--who's currently in Spain on a business trip--says he's only read the script so far, but can't wait to get back to the States to see it.

He also likes Snipes in the role of Blade. "It's so much like the visual I had in mind when I created the character it's incredible," he says.

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