As intended, all three characters were used repeatedly throughout the next decade by Todd McFarlane within the wider Spawn universe. In papers filed by Gaiman in early 2002, however, he claimed that the characters were jointly owned by their scripter (himself) and artist (McFarlane), not merely by McFarlane in his role as the creator of the series. Disagreement over who owned the rights to a character was the primary motivation for McFarlane and other artists to form Image Comics (although that argument related more towards disagreements between writers and artists as character creators). As McFarlane used the characters without Gaiman's permission or royalty payments, Gaiman believed his copyrighted work was being infringed upon, which violated their original oral agreement. McFarlane initially agreed that Gaiman had not signed away any rights to the characters, and negotiated with Gaiman to effectively 'swap' McFarlane's interest in the character Marvelman. McFarlane had purchased interest in the character when Eclipse Comics was liquidated while Gaiman was interested in being able to continue his aborted run of the Marvelman title. McFarlane later changed his initial position, claiming that Gaiman's work had only been work-for-hire and that McFarlane owned all of Gaiman's creations entirely. The presiding judge, however, ruled against their agreement being work for hire, based in large part on the legal requirement that "copyright assignments must be in writing."