Category: Comics

Too soon!

There's a sentiment I've seen in the CBR comments section a couple of times recently: this "How dare you try and tie this to a political agenda?" faux-outrage.

Now, there are lots of times when it's inappropriate to bring up controversial political subjects. Particularly when there's a recent tragedy in the news and you're sensationalizing it. Like, for example, after the V-Tech massacre, when soon-to-be-disbarred fuckface Jack Thompson tried to blame the killings on Counterstrike, a game which the shooter did not play.

Some things are completely inappropriate in the wake of a tragedy. Like flailing around trying to blame it on Doom or Marilyn Manson or Dungeons and Dragons. Or jumping all over a quote from some guy on the opposite end of the country about what the killer supposedly said. Or grabbing whatever Batman comic your film critic has on his desk, thumbing through it until you see a scene that takes place in the theater, and wildly speculating that the killer was imitating it. Or plastering the killer's name and stupid fucking face all over TV and the Internet to make good and sure that every crazy asshole out there knows that hey kids, if you wanna be on TV, all you have to do is murder a bunch of people. Or typing his name into Google and falsely conflating him with a Tea Party member. Or having an honest dialogue about the ease of access to high-powered weapons and high-capacity clips in this country, and the sorry state of our mental health system.

Wait, what was that last one?


The subject came up again in a discussion of the recent news that comics writer and inker Karl Kesel recently adopted a baby with a methadone addiction and is selling his comic collection to pay for the child's medical bills.

Now, it goes without saying that this is a feel-good story, that Kesel and his wife Myrna are clearly legitimately wonderful human beings, and that they're doing something great that really matters.

But if you can read a story like that and not, even for a moment, think "They shouldn't have to do that" then you and I are very different people.

Nothing but respect to the Kesels, and I certainly speak only for myself and not for them. But it strikes me that there are a lot of people out there with sick kids who don't have tens of thousands of dollars in investments, and that getting slapped with tens of thousands in bills -- even if you've got insurance! -- is a sign of a broken healthcare system.

Seems to me that stories like that are perfect opportunities to have a conversation about healthcare -- but somebody brought it up and immediately got shushed by another commenter's righteous indignation: "How dare you politicize this?"

(In fairness, the guy who brought it up was kind of an ass about it.)

Seems to me that, when presented with a story that's a clear, directly-pertinent object example of some important sociopolitical issue, it's probably a good time to talk about that issue!

I mean, should we just wait until there are no stories about gun violence or healthcare debt to talk about gun access and healthcare costs? Don't make much sense if you ask me.

Friedrich Appeal

Since everybody loves my Creators' Rights posts: per 20th Century Danny Boy, Gary Friedrich is making good on his plan to appeal the ruling on the Ghost Rider rights.

Quick recap: Friedrich sued Marvel for the rights to Ghost Rider, claiming he had never signed over his ownership stake in the character. (He co-created Ghost Rider with Roy Thomas and Mike Ploog, though he claims he created the character in 1968 and that Marvel failed to register the copyright for the published story in 1972.)

Marvel countersued, on the grounds that Friedrich was selling signed Ghost Rider prints -- and Friedrich is a writer, not an artist, keep in mind, so the art wasn't his work.

The suit ended in a Marvel victory, with Marvel agreeing to drop the countersuit in exchange for $17,000 as payment for the prints and Friedrich agreeing not to refer to himself as "the creator of Ghost Rider" for financial gain.

Friedrich is penniless and in poor health and, as you might expect, regardless of its legal merits this rankled a whole lot of fans and pros.

Speaking of which, you can buy a Generic, Non-Infringing Flaming Skull T-Shirt for $12 at World of Strange, with the proceeds going to Friedrich; the art is by Steve Bissette, Rick Veitch, Bob Burden, Billy Tackett, Nathan Thomas Milliner, Sam Flegal, and Denis St. John.

So now Friedrich is appealing the ruling.

The most interesting piece of new evidence he's introduced: a creator-owned Lee/Kirby Silver Surfer book from 1978. Why this is important, quoting Daniel Best:

At one point during Friedrich's deposition he was asked the following question: "Q. Are you aware of whether any other freelance writer of Marvel comic books owned the rights in any of the characters or stories created by that writer," in relation to the period of 1971 to 1978. The answer was no, and Marvel's lawyers accepted that, for the understanding in this case is that everything produced by Marvel in the 1970s at least, belonged to Marvel and was duly copyrighted. This isn't the case. In 1978 Marvel published The Silver Surfer, a graphic novel which contained a copyright legend naming not Marvel, but the books authors - Stan Lee and Jack Kirby. Importantly it falls on the cusp of the work-for-hire contracts, but a savvy lawyer might well be able to argue that Marvel did indeed produce work that was owned not by the company, but by the authors from the time period of 1971 to [1978]. Unfortunately this news might have come a bit late to be of any use to Gary Friedrich, but the battle isn't over yet.

The book seems like a pretty serious outlier; it was a case of Kirby, already unhappy with his work-for-hire situation with Marvel, pushing for a different arrangement (and indeed a different publisher, as the book was published by Simon and Schuster). I find it hard to believe that a court will rule that Friedrich's work on Ghost Rider was not necessarily for-hire just because Kirby and Lee put out a creator-owned book with a Marvel character six years later.

The previous ruling did hinge on Friedrich signing back-of-the-check contracts, and that sticks in my craw. Back-of-the-check contracts are coercive (you already did the work expecting to be paid for it, and the company only shows you an agreement to sign after the work is already done?) and I would very much like it if an appelate court determined that they are not legally binding.

But I still don't think that's going to help Friedrich. The judge in Marvel v Kirby determined that Kirby's work was for-hire based on the instance-and-expense test and stated outright that it was irrelevant whether he signed a back-of-the-check contract or not. Similarly, precedent doesn't necessarily favor Friedrich's "I created the character 4 years earlier" argument; even if he can prove it, the judge in Wolfman v Marvel ruled that the Blade character who appeared in Tomb of Dracula was so substantially different from Wolfman's original pitch as to constitute a distinct, work-for-hire creation.

In short: I don't think Marvel's in the right here ethically, but I don't think Friedrich's prospects look good legally. I hope I'm wrong and I hope he gets something out of this, but I'm concerned that he's doubling down on a losing hand.

Ideally, this would be settled out of court. Ideally, Marvel would open itself to renegotiation with its pre-1980 creators and allow them to get the same equity deals that current creators do (something that DC has done -- DC's not perfect but it's better than Marvel on this subject at this time). Ideally, Friedrich would get some small share of Ghost Rider comics and movies, and be satisfied and not feel the need to sue to get that piece.

But unfortunately I don't see any of that happening. I'm worried that Friedrich is going to be pounded into the concrete once again -- but if he does win, it'll be a great thing not just for him but for creators everywhere.

Dark Knight Rises Initial, Non-Spoiler Impressions

  • Dark Knight keeps its spot as the best of the three. But this one hung together a lot more consistently than Begins.
  • I think Hathaway wins as the best movie Catwoman. Nice that they remembered "cat" refers to being a cat burglar, not some goofy-ass feline mysticism.
  • For that matter, Hardy of course wins as best Bane, but he could do that just by default given that the previous one was a mute thug in Batman and Robin.
  • It's gotten progressively harder to ignore the right-wing fantasy element of these movies.
  • Not that there's anything wrong with that. I'm a liberal, but -- Superman's original New Deal leanings notwithstanding -- there's something inherently conservative about the superhero genre. (But that's an essay for another day.)
  • Bit too much of characters explaining their philosophies and the themes of the movie in dialogue.
  • Which you can't understand half the time. It turns out my experience watching Dark Knight a few months back with the bass up too high to hear what anyone was saying was an authentic theater experience!
  • And it's an ending. A real, honest-to-God ending. The exact thing that indefinitely-serialized comics lack. (And movies, for that matter -- superhero movie series are rife with finales that the filmmakers didn't know were finales and, thus, lack conclusive endings: Batman and Robin, Spider-Man 3, Superman 4, Superman Returns, even X-Men 3 and Blade 3.) This was a real-ass ending, and it was satisfying.

I expect I'll get into spoilers and specifics later on down the line. But that's it for now.

Ineffable

There's a word Ford Prefect uses when he feels like he needs to say something but he doesn't know how to say it: goosnargh.

I'm going to say some things anyway. Maybe that's a bad idea. Guess we'll see. Maybe I'll stumble, fugue-like, onto some deep and profound truth; more likely I'll say something trite, insensitive and offensive -- in which case at least my newfound posting frequency means it won't be on the front page for long.

In the early hours of this morning, a man in a gas mask and a bulletproof vest walked into a midnight screening of The Dark Knight Rises, threw two cannisters of tear gas on the ground, fired once into the air and then began firing into the crowd. The death toll currently stands at 12, the wounded at 59. Those are the details as they're currently being reported, though it's still early and the information could change.

In the meantime, well, everyone is shocked and sad and horrified and, in compliance with human nature, trying to make some sense of this appalling act by making it fit some sort of narrative.

Was the killer a deranged Batman fan? Maybe he was and maybe he wasn't; I don't think it matters. Maybe he just picked a movie he knew would be crowded. Maybe he picked a movie where he thought people would think he was just a guy in a costume.

But there's something that feels like Batman about it, isn't there? An over-the-top villain on an over-the-top murder spree. There's no making sense of it; it's a horrific cross of violence and theatricality. If this man wasn't doing an intentional impression of a Batman villain, then he was tapping into something in the zeitgeist that forms the basis of all the Batman villains.

There's something Alfred says in The Dark Knight:

Some men aren't looking for anything logical. They can't be bought, bullied, reasoned or negotiated with. Some men just want to watch the world burn.

That's the kind of man we're talking about today -- a madman, a broken man, a man who cannot be understood rationally and whose motivations are fear and chaos on a scale that an ordinary mind cannot reconcile.

I heard an interview on NPR this morning -- it doesn't appear to be online yet -- with a reporter on the scene who also covered the Columbine massacre. The interviewer, sensibly, emphasized the fundamental differences between the two shootings, but, also sensibly, asked if the police procedure for responding to shootings had changed since Columbine.

The reporter said that yes, it has -- that in the case of Columbine, the police took time to set up a perimeter, whereas now they focus on getting in and stopping the shooter as quickly as possible.

And that makes sense, too, looking at something that's changed in how we see criminals. Setting up a perimeter and a dialogue is what you do in a hostage situation -- what you do when you're dealing with people who can, at least on some level, be negotiated with, reasoned with.

Random acts of violence are something else entirely. You cannot reason with someone who is just killing for its own sake -- there is nothing you can offer him to make him stop. He's not threatening lives in order to achieve something he wants; ending lives is what he wants.

It's a hard, hard thing to read about, to hear about.

Xeni Jardin at BoingBoing linked to Columbine: Whose Fault Is It?, Marilyn Manson's Rolling Stone article following the massacre which is sadly relevant today. He discusses how there is no single simple cause for such acts of violence, but how the media and society seek simple answers, seek explanations for the unexplainable. And how his own stage name is a criticism of the media's tendency to treat mass murderers like movie stars.

In the days and weeks to come, the news media will talk about this. They'll speculate. They'll engage in crass discussions of how this will affect the movie's box office, or what it's going to mean for Obama and Romney in the polls. Maybe they'll try and engage in some scapegoating and try to blame it on comics or video games, maybe they won't -- even speculating on such things is just too much for me right now. All I can think is how horrible this was and how my heart goes out to the victims and their families.

Perhaps the deepest and bitterest irony is that Batman itself is, on a fundamental level, a story about two people who went to see a movie and were gunned down, and the devastation that wrought on the son who would never see them again.

A Venn Diagram of a Circle Inside a Bigger Circle

Dear DC,

Thank you so much for putting an obnoxious-ass banner ad for The Dark Knight Rises across the top of all my fucking comic books. Everybody loves banner ads, and I was just wondering how you could make comic book covers as distracting as television shows!

Kudos on targeting the completely fucking imaginary demographic of people who buy DC comics but are not aware that there is a Batman movie coming out! Four dollars is far too small a price to pay for this bold and completely redundant innovation!

Might Have Beens

It's a little weird to see things like, say, Ian Flynn doing a Sonic/Mega Man crossover for Archie Comics.

Because I wrote that story when I was 11.

(Okay, co-wrote it -- though I expect my collaborative partner would be happy for me to take all the "credit" for myself -- and it was Mega Man X, not the original Mega Man. But still and all...)

Ian Flynn and I were involved in Sonic fandom around the same time -- he went by Ian Potto in those days. I didn't really know him; we posted on different forums, but I remember seeing his name around. But, y'know, now and again it makes me wonder what would have happened if I'd stuck with it.

Per Wikipedia, Ian's about my age, give or take a few months -- but I skipped a grade. I expect I was starting college and Putting Aside Childish Things around the time he was submitting samples to Archie. Now I image laptops and he gets paid to do the shit I used to do for fun.

Which isn't to say I'd really consider writing Sonic comics for Archie to fit my personal definition of "livin' the dream", mind. You know the shit I go on about here, the way DC and Marvel treat their freelancers? Well, they're generous compared to Archie. Archie is like DC and Marvel used to be, before royalties, before creator credits, even, in most cases, before "house style" gave way to letting artists develop their own styles. Archie finally got around to crediting its writers and artists a couple of decades ago -- but if you piss 'em off they still might take your name out of the reprints.

And then there's Sega.

Ken Penders, one of Flynn's predecessors in the Sonic writer's chair, and an artist besides, was always pretty candid with the fans on the restrictions he had to work under. The book was marketed to 8-to-12-year-old boys (as he would constantly remind us), and so its content was inline with some dumb-ass Sega marketing guy's idea of a dopey eight-year-old's idea of a cool fifteen-year-old. Penders drew Sonic looking too depressed? Sega would send Pat Spaziante in to redraw his face to look more generally bored. Penders wrote a bit where Sonic, finding out that Sally wasn't dead after all, kissed her on the mouth? Sega made him change it to a peck on the cheek. Sonic was barely allowed to show an emotion north or south of 'Tude, barely allowed to like girls, and slept in a fucking race car bed.

(Let me stress that these are all real examples.)

So, y'know, it ain't exactly The Prince and the Pauper. I'm not crazy about my "career", and I grant that getting paid to write fan fiction about my favorite video game characters sounds like a pretty sweet deal. But in practice? Well, I wish Potto the best and I'm glad he seems a lot happier doing it than I probably would.

What I Did This Weekend

  • Drove to Tucson
  • Saw Brave
  • Went to Bookman's. Bought a used copy of Perdido Street Station and the first Cerebus trade.
  • Watched MST3K (Night of the Blood Beast). Slept through the middle.
  • Had some barbecue -- David grilled up some turkey burgers and chicken dogs
  • Watched Godzilla: Final Wars
  • Caught Vertigo at an independent theater
  • Hit up an Irish pub. (Tip: 20%, plus an extra dollar for live music, plus one more dollar for not charging me for my pint of Guinness. Considered one more dollar for overflowing the urinal; decided that wasn't really my fault, and hey, I let the waiter know.)
  • Walked out into a monsoon; got good and wet.
  • Dealt with the joy of Arizona drivers in heavy rain.
  • Came home.

Good times.

And my good friend Jim is off to New Mexico for grad school. Good on ya, Jim.

Whatcha Tryna Doota Me?

Lucille Has Messed My Mind Up. In honor of this week's issue #100 of The Walking Dead.

And yes, I am fairly confident this makes me a terrible person.

(Also included: Who Needs the Peace Corps? Per the uploader, the recording is from a show in Binghamton, NY, in '88.)

Why No Ditko/Marvel Boycott

Two days ago I mentioned, in passing, that while I'm boycotting Kirby-derived Marvel products, I'm not boycotting Ditko-derived ones.

Now, Ditko got much the same raw deal as Kirby back in the 1960's, and left under similar acrimonious circumstances.

But the major difference is this: while Kirby and his heirs asked for a better deal with Marvel and Marvel responded by suing them, Ditko was offered a better deal and he refused.

A couple of years back, Kurt Busiek said this in a comments thread at Robot 6:

And reportedly, Ditko also feels that Marvel owes him millions, and he's refused the money they've offered him as a bonus from the Spider-Man movie because he feels it's not enough. He thinks they owe him far, far more, and won't compromise his principles by settling for a lesser payment than he deserves.

He feels he was made promises that Marvel hasn't lived up to, going back to those inflatable Spider-Man pillows from the 1960s. That he's lived up to what he sees as his side of the bargain, and he won't renege on it even though he feels Marvel hasn't lived up to theirs. In his worldview, that shames them, not him.

But if you think Ditko thinks he doesn't deserve to be paid more than his page rate, then you're mistaken.

(While Busiek provides no primary source, he has a reputation for doing his homework; I am inclined to believe him on this one.)

I suspect -- though this is conjecture on my part -- that Ditko didn't merely refuse the money because he believed he was owed more, but that Marvel actually would have made him sign a contract stating that he was not entitled to any more. Rather like the one Kirby signed in the 1980's -- Marvel agreed to return Jack's original art in exchange for Jack signing a contract saying he had no claim to any of the characters he'd created. Marvel never lived up to its end of the agreement; the courts have found that while the statute of limitations has expired and Marvel is no longer obligated to return Kirby's art, it can still use that contract as evidence to prevent Kirby's children from reclaiming the rights to any of his characters.

So you can see why Ditko would be wary of signing anything Marvel offers him.

That said: he was offered something, and he refused it. It may have been a bad offer, he certainly had every right to refuse, but that's still fundamentally different from the Kirby situation, where both Jack and, subsequently, his heirs, have been denied anything at all beyond his original page rate, and Marvel has actually sued to keep it that way. Marvel's actions toward Ditko have been deplorable, but at least they've made a token effort to give him something.

Ditko, unlike Kirby, has also received a prominent creator credit in the Spider-Man movies (it's right upfront in the opening credits, as opposed to being buried 2/3 of the way down the closing credits). He certainly doesn't receive the recognition that Stan Lee does, but that too is a result of his own choices; as Mark Evanier recently put it:

The man has every right, of course, to refuse publicity and interviews but it's one of the reasons so many people think Stan Lee created Spider-Man all by himself. From Ditko's occasional letters in print, it's obvious this bothers him greatly...and it would bother anyone. But Lee is a great interview and Ditko is a non-interview and if you don't wave to the search party, there's a real good chance they're going to overlook you. I don't expect this to ever change. And nowadays when I talk about the many injustices in how the comic book industry has shorted major talents on money and/or credit, I've moved Ditko way down the list.

Ditko wants recognition but he refuses to grant interviews or even be photographed. While I can certainly admire his position -- that the work speaks for itself and that he should be recognized for his art instead of, say, being recognized for cameos in a bunch of movies based on it --, it's not a very realistic one.

In a nutshell, the reason I am boycotting Kirby-derived Marvel product and not Ditko-derived Marvel product is this: Kirby and his heirs have been denied money and recognition, while Ditko has refused money and recognition.

(In practice, lately it's amounted to the same thing. I haven't bought a Spider-Man comic in a couple years -- though I've been a Dan Slott fan since his Ren & Stimpy days and I hear his current Spidey work is great! -- and haven't seen Amazing Spider-Man. But as I've noted before, there's a difference between boycotting something and just not buying it.)

Still Not My Batman

Providing another great example of the Not My Batman point I made the other week: a thread at Robot 6 where, discussing Arkham Asylum, I utter the eight words "it's more violent than I like my Batman" (in-between calling it "a phenomenally good game" -- twice) and multiple people feel the need to condescend to me and tell me I'm wrong and that's how Batman is supposed to be.

It's still just such a weird thing to me -- the idea that it's not enough to prefer one version of Batman over others, but to have to declare it the One True Version. It's not enough to say "Well, I for one have been waiting for a more violent Batman game"; it has to be "Obviously you aren't familiar with the source material; people like me have been waiting a long time for someone to make a game that's closer to the source material." Where "the source material" means "The Dark Knight Returns", because every Batman comic printed prior to 1986 doesn't count, obviously.

I will say one thing, though: not one single person argued with the part where I said "I really can't stand the art style."