Ellison vs. Fantagraphics: comics publisher to remove author's name from books

Even though Harlan Ellison's suit against Fantagraphics is over after a long and rancorous feud, they're not necessarily out of each other's hair, according to details released Thursday.

The settlement between the award-winning author and Seattle's alternative comics publisher was reached in late June in the U.S. District Court for the Central District of California. The gist of the newly-released court documents: The two parties will stop messing with each other, and Fantagraphics is removing references to Ellison that prompted him to sue.

Ellison and Fantagraphics co-owner Gary Groth — who also runs The Comics Journal — are onetime friends who had a falling-out after being co-defendants in a 1980 libel suit by writer Michael Fleisher. They've been trash-talking each other ever since.

The agreement, which also names Groth's partner Kim Thompson, says both sides must now "refrain from making ad hominem, personal attacks" on each other. But they're still free to trash each other's work, or as the agreement puts it, "to review, criticize or comment upon one another's work, writings, advocacy, public statements or other public activities, broadly construed."

Ellison had sued Fantagraphics, Groth and Thompson for defamation because of remarks in the 2005 book, "Comics As Art: We Told You So," that claim Ellison tried to get out of his portion of the 1980 legal fees. Due for publication early next year, the book has already been serialized online. Ellison also sued for violation of right of publicity over the use of his trademarked name on "The Comics Journal Library Vol. 6: The Writers," which names him a "Famous comics dilettante."

No money changes hands in the settlement, and neither side admits liability in the agreement. But Ellison appears to have gotten what he wanted: Fantagraphics is removing the two offending passages from "Comics As Art." And future editions of "The Writers" will have Ellison's name expunged, as well as Groth's 1980 interview with Ellison that prompted Fleisher's suit — and started all the trouble.

Still, Groth may get the last word.

Though the agreement forbids both sides from commenting on the case, Groth gets to post a rebuttal statement on Ellison's Web site (www.harlanellison.com). He gets 30 days and 500 words to rebut Ellison's statements "that accused Mr. Groth of embezzling funds in the Fleisher litigation and soliciting contributions to the Fantagraphics Legal Defense Fund under false pretenses," and other claims.

Fantagraphics had asked fans to donate money for its legal fees, framing the suit as a First Amendment battle and not a personal matter between Groth and Ellison. Those appeals are gone from the Fantagraphics (www.fantagraphics.com) and The Comics Journal (www.tcj.com) sites as part of the settlement.

Choosing his words carefully now that the case is closed, Groth said Thursday, "Suffice it to say that I have mixed feelings."

Mark Rahner: 206-464-8259 or mrahner@seattletimes.com