Tag: Mark Millar

Hudson

News out of the Comics Internet today is that Laura Hudson is stepping down as EIC of ComicsAlliance. It's one of those things where the headline shocked me but the story actually left me feeling it's a good thing -- Laura described the frustration of having to maintain a website instead of just being able to write.

I've been grousing about that very thing on this blog -- and this blog is tiny, has one writer, no comments section, and nobody looking over my shoulder to make sure I don't use the word "fuck".

So, Laura Hudson not worrying about site admin crap and, instead, focusing on writing more articles? Yes please.

Because the woman writes a damn fine article.

Last September, she set the Comics Internet aflame with a post titled The Big Sexy Problem with Superheroines and Their 'Liberated Sexuality'. She wasn't the first person to point out sexism in mainstream American superhero comics, obviously. Nor was she the first to point out that it was a barrier for entry in DC's "New 52", ostensibly an attempt to attract new and lapsed readers.

But her piece was clear, heartfelt, and became something of a rallying cry, the first of many on CA, and linked frequently in other articles on other sites.

She's more patient than I am.

Somebody tries to tell me there's no sexism in American superhero comics, I'm less likely to deliver a point-by-point set of examples and how they make me feel, and more inclined to look incredulous and say "Are you fucking kidding me?"

I don't think people should have to write pieces like that. I think every example, every explanation, that Laura gets into in that piece is blisteringly obvious and self-evident.

But obviously there are people who just don't get it. For many of them, their instinct when confronted with such a piece is to get defensive, or to deny, or just to spew a bunch of crazy misogynistic crap in the comments section. I swear that the CA comments section got permanently stupider after that post. (And people are still writing terrible comments on that single post, nine months later -- you're probably better off not scrolling down to the bottom.)

But I think some people do listen. I think some people do take a look at what they're doing and look for ways to fix it. Just the other week Greg Rucka wrote a great post at io9 discussing superhero misogyny and how to fix it (basically: you want to write a well-rounded female character, talk to some women). The discussion is ongoing -- and with Hudson back writing articles, I like to think she'll keep the heat on.

I think it's a little optimistic to say that Big Sexy Problem could be the most important thing written on the subject since Gail Simone's Women in Refrigerators list -- but I really think it has the potential to be.

Course, she's more than welcome to just post cat pictures from here on out, too. She's earned it.

And she writes a mighty fine Mark Millar Valentine.

All or Nothin'

The most baffling argument I've been seeing lately to bolster the "Kirby's family shouldn't get any money" line is, "Well, it wasn't just Lee and Kirby who created the Avengers, it was Lieber and Heck, and Ditko designed the red and gold Iron Man armor, and Millar and Hitch made Nick Fury look like Sam Jackson and and and and and..."

Well, you know, I absolutely agree: Lieber, Heck, Ditko, Millar, Hitch, and plenty of other guys did very important work on Avengers over the years, work which made it into the movie.

The part where it gets fucking baffling isn't the first part, the "Lots of people made Avengers what it is" part. I get that. The part I just can't make sense of is "therefore none of them deserve any money."

Honestly, what the fuck is that?

I saw a guy on the ComicsAlliance comments section the other day argue that if Marvel compensated everyone whose work was adapted in Avengers, it would bankrupt the company.

What?

Tom Spurgeon recently wrote a lovely post titled These Comics-Makers Created The Avengers, spotlighting the writers and artists who made major contributions to the franchise that were used in the movie. He lists Stan Lee (the Avengers, Iron Man, Hulk, Thor, Loki, Black Widow, Hawkeye, SHIELD, The Cosmic Cube, Pepper Potts, Jarvis, Nick Fury), Jack Kirby (the Avengers, Iron Man, Captain America, Hulk, Thor, SHIELD, Loki, the Cosmic Cube, Jarvis, Nick Fury), Don Heck (Iron Man, Black Widow, Hawkeye, Pepper Potts, and a good chunk of the early Avengers), Larry Lieber (Iron Man, Thor, Loki), Brian Michael Bendis (Maria Hill, Ultimate Nick Fury), Mark Millar and Bryan Hitch (The Ultimates, which the Avengers movie is largely based on, most notably in the casting of Samuel L Jackson as Nick Fury), Joe Simon (Captain America), Don Rico (Black Widow), David Finch (Maria Hill), Mike Allred (Ultimate Nick Fury), Steve Ditko (the red-and-gold Iron Man armor and a shitload of other refinements of Kirby et al's characters), and Jim Starlin ([SPOILER]). I would have added Adi Granov to the list, too, as that's his version of the Iron Man armor up on the screen, but unlike most of the others he actually worked directly on the movies, adapted the armor for film himself, and got a paycheck and a spot in the credits that's not "Special Thanks".

So okay. That's fourteen dudes.

Let's say that you gave each of those guys (or their heirs, where applicable) a million dollars for making The Avengers. It doesn't have to be a million; that's just a number I'm picking -- partly because it's what Marvel gives Stan Lee every year, and partly because it's a pretty big chunk of change that you can reasonably assume none of them would refuse. (Except Ditko.)

So okay. That's fourteen million dollars. (Thirteen if you acknowledge that Ditko would certainly refuse; twelve if you take Stan out because he already got his million dollars.) Out of a movie that has grossed over a billion so far. Without factoring in merchandising, cable, DVD, etc.

According to mathematics, fourteen million is 1.4% of one billion. Or, 28% of the $50 million that Robert Downey Jr. allegedly made from the movie (according to anonymous sources, reported by Hollywood Reporter). Now, before anyone accuses me of saying Downey got paid too much or didn't deserve that money -- that's not my argument. He was in the movie; he's the main talent that this entire franchise was built on. And he's a great actor. Good for him, and I don't begrudge him a single thin dime he's earned from it. No, my point is merely that if Marvel Studios, Disney, Paramount et al can afford $50 million for one guy, it can afford a total of $14 million for fourteen guys.

"But," goes the inevitable argument, "it won't stop there! If you give money to those fourteen guys, everyone will want some! Where do you draw the liiiiiine? If you give money to those fourteen people, you have to give money to every single person who ever worked on an Avengers comic! And then the guy who drove the delivery truck is going to want a piece of the action!"

(I would like to add that that last bit is not an exaggeration. I saw a guy use that exact argument once in a debate about the Superman rights. I am not kidding even a little.)

Well, first of all, that's a stupid slippery-slope argument. Just because you agree to compensate fourteen or so people does not mean you agree to compensate everybody. That's stupid. If you make that argument, you're stupid, or at least pretending to be stupid.

(Well, I shouldn't say "at least" -- I happen to think pretending to be stupid is much worse than actually being stupid.)

You can draw a clearly-defined line. For me, it's a pretty simple one: the people who deserve compensation are the writers and pencilers who created any of the specific characters, costumes, locations, devices, or stories adapted in the movie.

And yes, there's ambiguity there. But guess what? Marvel's already got to sort out ambiguity. Is Scarlet Witch an Avenger or an X-Woman? Do the Spider-Woman movie rights belong to Marvel Studios or Sony? There are already lawyers whose job it is to sort out those distinctions; they can sort out whether Jim Steranko had a significant hand in the Avengers source material too.

(And an aside: on the "What about the inkers, colorists, and letterers?" question, I don't believe they qualify as creators but I do believe they deserve royalties. I don't think they should get royalties from the Avengers movie, but I absolutely think they should get royalties from any Avengers comics they personally worked on.)

Cartoonist Scott Kurtz recently put this asinine argument to work:

And to say that Jack Kirby is responsible for that Avengers movie is a ridiculous notion and insulting to the combined hard work of thousands, if not tens of thousands, of creators who have put their efforts into keeping our modern mythos of super-heroes alive and well.

Well, okay, there may be tens of thousands of people who have worked on superhero comics. Maybe. And yes, arguing that every single person who has ever worked on a superhero comic should get compensated for the Avengers movie would be incredibly fucking stupid. Which is, I suppose, the main reason that nobody, anywhere, ever has actually made that argument.

But for shits and grins, let's say a thousand people have worked on Avengers over the past 50 years or so. I think that's a pretty high number, but let's go with it.

So okay. In that case, if you were to compensate every single one of them, you couldn't afford to give each of them a million dollars.

But you know what? If you gave each of them ten thousand dollars, you would then be giving them about one percent of what the movie has grossed.

I am not, of course, literally suggesting that every single person who ever worked on an Avengers comic should be paid ten thousand dollars. I'm just saying that they could, and it would amount to a rounding error, which makes the weaksauce "If you give money to the Kirby heirs you have to give it to eeeeverybodyyyyy!" slippery-slope argument that much weaker.

Anyhow, that's a lot of words, and there are guys who've made this point a lot better than I have, in under 140 characters.

Evan Dorkin:

So, others worked on The Avengers et al after Kirby et al. That's your answer? Really? Buildings without foundations collapse, assholes.

Kurt Busiek:

Speaking as one who worked on AVENGERS after Kirby, @evandorkin -- I couldn't have done it without someone creating the characters and book.


Oh, and I updated my Preemptive Response post of answers to all the most obnoxious clichés that inevitably crop up in every discussion of the Kirby heirs' attempt to reclaim rights to his characters. Why, no reason at all.

Thad Doesn't Review The Avengers

Here's the thing: I'm boycotting The Avengers.

It was Steve Bissette who convinced me, in a blog post last summer just following the summary judgement against Jack Kirby's heirs. After that judgement it looks like the heirs will never receive their due through the legal system, and the court of public opinion is their last recourse. I haven't bought Kirby-derived Marvel product since.

People have argued this one up and down, and done it well -- James Sturm, David Brothers, Chris Roberson, Heidi MacDonald, Steve Bissette again -- so I'm not going to go into an extensive retread just at this moment. But to summarize:

Yes, Jack Kirby is dead. No, his children didn't write or draw those comics. Neither did Bob Iger or Roy Disney III, both of whom stand to make massive bank on this movie and both of whom are in the position of making a lot of money on this movie because of who they are related to. Captain America should be in the public domain by now, but he's not, again thanks to Disney.

Marvel gives Stan Lee a million dollars a year. His contract stipulates that if he dies before his wife, then she (who also did not write or draw any of those comics) will continue to get a million dollars a year until she dies.

Kirby should have gotten the same deal Lee did. And if he had, he would have left his money to his children.

Never mind the rights questions and the work-for-hire versus spec questions. (Personally I believe Kirby did at least some of his work on spec, and Marvel "lost" the evidence among the thousands of pages of art they contractually agreed to return to him and then didn't. But again, never mind that for now.) Just giving some form of compensation to the Kirby heirs at this point would be a step toward rectifying the injustices Marvel did to Kirby over the course of his life. Plus, as Kurt Busiek recently noted, if Marvel (and DC for that matter) started retroactively applying their current standard contracts to past creators, people like the Kirby heirs and Gary Friedrich would spend less time suing them and more time promoting their movies.

Anyway, here's the other thing: last night somebody handed me a free ticket to go see The Avengers, and I realized that yes, this was a loophole in my boycott. If I don't pay to see it, I'm not supporting it.

Now granted, Marvel/Disney/Viacom/whoever paid for my ticket, and it was part of a marketing strategy -- word-of-mouth, buzz, what-have-you. So here's my thinking: if I talk about the movie, then they've accomplished their goal, and I've broken my boycott.

So I'm not going to talk about the movie. If I say I liked it, then I'm doing just what Disney wants me to. If I say I hated it, then that misses the point -- then I'm suggesting people shouldn't see it because it's a bad movie, not for ethical reasons. If you choose not to see a bad movie, that's not actually a boycott. (I remember lots of people in various comments sections saying they would boycott Ghost Rider 2 over Marvel's treatment of Gary Friedrich -- I reminded them that it's only a boycott if they had planned on seeing the movie in the first place.)

But yeah, I saw it. And I'm going to talk about my moviegoing experience.

I suppose you could argue that I'm still giving them what they want, if you really believe there's no such thing as bad publicity and any mention of the movie is good for them...but, well, read on.


The movie was at 7 PM, and my fiancée and I arrived before 5. She'd eaten and I hadn't, so she grabbed us a spot in line while I found the nearest place to grab a slice of pizza.

The slice I bought was mediocre and I would probably not go back. I felt particularly disapponted inasmuch as the theater is a couple of blocks from my favorite pizza place ever, but I didn't have the time or the money for that spot.

(Tangentially, several nights before I'd had a dream where I was lost in the New York subway system trying to find a good slice of pizza. Because yes, of course you can find a slice of pizza on any given corner in Manhattan, but I was trying to find a really good place. I am sure that this is a metaphor for something.)

So anyway, I got back and grabbed my 3D glasses and my spot in line. I love my fiancée but I think I may have to fire her from holding-my-place-in-line duty. Holding someone's place in line requires more than just waving him over when he walks in; you also need to make sure that you leave enough room around you for a human adult to stand comfortably in.

And so began the hours-long wait in line. It went about how these things usually go: standing in line sucks, but you're there with other people who share a common interest. I was next to a kid who had just read Knightfall and gushed about it while describing The Brave and the Bold as "unwatchably terrible" -- well, at least he's a kid who's enthusiastic about comics.

'Round about 5:45, a manager came up to the line and announced that no cameras would be allowed in the theater.

Including camera phones.

IE, a thing that every single fucking person carries in their pocket, because this is two thousand and goddamn twelve.

Now, I know that this completely fucking boneheaded policy was Disney's and/or Viacom's fault, not the theater's. But what is the theater's fault is that they waited until we'd been in line for an hour to tell us. Yes, as it turns out it was written on our tickets -- in an illegibly-tiny, illegibly-antialiased font way down at the bottom —, but how the hell hard is it to post signage and tell the guy at the door to let everyone know as they come in?

So I went back to the car, along with at least one person from every single group in line. Fortunately, this allowed the line to rearrange itself in a way so that I actually had room to stand comfortably when I got back. And hey, it could have been worse -- as I discovered when the line started moving, the guys who got there first had to stand in a really cramped spot, next to lighted movie posters that gave off a noticeable amount of heat.

And then came the wands.

They didn't pat us down, at least, but there were actually people in suits outside the theater entrance who wanded us to make sure we didn't have cell phones on us.

Let me fucking tell you something, Disney and Viacom.

Captain America did not go to war and punch Hitler in the goddamn face so that he could wake up 70 years later in an America where people have to pass through security to see a goddamn movie.

All so that somebody wouldn't record a 3D movie with their fucking phone and post it on the Internet. Because that would really hurt this movie's business, I'm sure.

Well, the good news is it totally worked and nobody managed to sneak a camera into any of the screenings and post the movie on the Internet within a matter of houohhhhh I'm just messin' with you guys, of fucking course somebody did. I checked this morning, just for curiosity's sake, and yes, surprising absolutely no one, a bootleg cam video of the movie is now readily available on the Internet.

What, you mean irritating and inconveniencing law-abiding customers didn't actually stop anyone from pirating something? I sure never would have guessed that from every single time anyone has tried it, ever!

Anyway. After the wanding we were admitted into a theater that really was not big enough for the size of the crowd. I'm given to understand they opened a second one -- which means we would have gotten better seats if we'd shown up later, because as it was we wound up way too damn close to the screen. (We were in the second row. We were told the first row was reserved for press. If the people who wound up sitting there were press, they must have been there for their high school paper.)

The seats sucked, but on the whole I was surprised to find that they didn't really suck any more for a 3D movie than they would have for a 2D one. There was a sense that the whole thing was hovering above us, and of course since you are actually looking at a plane, yes, shapes distort depending on your viewing angle. And there were bits where the screen had some single massive object filling it that made my eyes cross. But still, I don't think it was any worse than if I'd watched a regular movie from that seat. The problem isn't 3D, it's poor theater design.

All in all, I would say the theatergoing experience left a lot to be desired, and I'm certainly going to remember it the next time I think about attending a prerelease screening -- or even a popular new release.

But I will say one good thing about it: it's the only time this century I've gone to a movie and nobody in the audience had a damn phone.


There's been some talk about credits over the last few days -- an interviewer asked Stan Lee why Jack Kirby wasn't credited in the movie and Stan gave the kind of tone-deaf response he often makes when people ask him questions about credit: he actually said "In what way would his name appear?" (He added that "it's mentioned in every comic book; it says 'By Stan Lee and Jack Kirby'"; I'm going to give him the benefit of the doubt and assume he's referring to the original comics that Jack actually co-wrote and drew with him, because no, Jack does not get a creator credit on most of the current Marvel books.) I know Stan doesn't make these decisions (anymore), but I think he should have responded with "Well, that doesn't sound right; I'll ask around and see what I can do."

People have pointed out since that Kirby's name is in the credits. I didn't see it, but I think it was probably in the "special thanks" section 2/3 of the way down; the credits went by fast and the only names I caught there were Millar, Hitch, and Lieber. (And I'm certainly not saying those names don't belong there, mind; Lieber co-created Iron Man, and this movie is largely adapted from Millar and Hitch's The Ultimates -- indeed, I read an interview where Millar says they're not getting any compensation from the movie and if that's true I think it's outrageous.)

At any rate, my point is, I didn't see Kirby's name in the credits, and I was looking for it.

So, to answer Stan's question, "In what way would his name appear?" Well, Spider-Man had a big "Created by Stan Lee and Steve Ditko" credit right at the beginning, and I think the Marvel Studios movies should have the same thing. I realize that Avengers, in particular, has a lot more creator credits, but I don't care; I still think they should be up onscreen in the opening titles, every one of 'em.

(An alternative idea, that I know could never actually happen but would like to see: in the end credits you get a prominent credit for each of the leads. The Iron Man helmet with Downey's name, the shield with Evans's, and so on. You could couple those with creator credits. Prominent, middle-of-the-screen credit saying "ROBERT DOWNEY JR.", and then, lower down and in smaller type, "Iron Man created by Stan Lee, Jack Kirby, Larry Lieber, and Don Heck". Then the big "CHRIS EVANS", with a smaller "Captain America created by Joe Simon and Jack Kirby". And so on down the line. No, this would never happen in real life, because I am talking about messing with the top-billed actors' credits, but...a man can dream.)


Playing: Xenoblade
Reading: The Neverending Story
Drinking: Lumberyard IPA. It was on sale at my local liquor store, and I checked the label only to discover that "Lumberyard" is actually the Beaver Street Brewery, my old college watering hole. It tastes like the good ol' days. And hops.

The King's Ransom

So, another month, another piece of news on Jack Kirby's heirs seeking termination of copyright transfer from Marvel. And another thread made up of the exact same absurd comments.

For the sake of my time and blood pressure, I've decided to just copy down all the very very stupid comments people keep making, followed by explanations of why they are very very stupid, and just preemptively copy-paste it into the comments thread of every article I see on the subject from now on.

I'll probably come back and revise this post here and there, so if it pops up new in your RSS feed every now and again, well, consider it a Living Document.

(Thanks to Nat Gertler for feedback and corrections.)

Revision notes:

  • 2018-07-12: Updated a Robot 6 link to the Wayback Machine version, as the comments are no longer available on the live site
  • 2011-08-02: Updated to comment on the outcome of Marvel v Kirby
  • 2012-05-23: Updated to discuss the Avengers movie, correct some bits where I conflated modern work-for-hire law with pre-1976 work-for-hire law, and include some brand new clichés I'm sick of seeing
  • 2014-06-24: Rephrased a remark about the now-overturned Superman ruling; updated the instance-and-expense section with some information on the current challenge to the lower court's ruling; updated some dates and links.
  • 2014-09-26: Updated to reflect the news that the case has been settled and will not be taken to the Supreme Court.
  • 2014-10-01: Added a link to a Kurt Busiek post on CBR.
  • 2014-10-10: Added a few more lines about the settlement, and one new numbered comment/response since I've been seeing a lot of the "The Kirbys may not have sued bu they provoked a suit" argument.

Thad Boyd's Preemptive Response to Comments We Are Definitely Going to See in This Thread

  1. "Kirby's heirs didn't do the work, Kirby himself did! Therefore, they don't deserve any money for it!"

    Yes, that money should go to the people who actually did the work. Like Disney. Who could forget Bob Iger's classic run on Fantastic Four?

    Snark aside, there's a valid point to the argument that Kirby's heirs shouldn't get the rights. I personally believe that copyright law lasts far too long and these characters shouldn't belong to Kirby's heirs OR Disney/Marvel at this point, and should be in the public domain. But until that day comes, can we at least acknowledge that Bob Iger didn't contribute any more to the development of these characters than Kirby's heirs did? And that, if Kirby had made more money in his lifetime, he would have left it to his children?

  2. "The Kirbys shouldn't have sued Marvel!"

    You've got it backwards. MARVEL sued the KIRBYS; only then did the Kirbys countersue.

    The Kirbys simply filed a request for termination of copyright transfer; it was MARVEL who responded with a lawsuit.

  3. "The Kirbys may not have sued Marvel, but they knew that filing for termination would RESULT in a lawsuit. The suit is the Kirbys' fault, regardless of who filed it."

    While it is true that the Kirbys would have known that Marvel would probably choose to sue them, it was still Marvel's choice. Marvel didn't have to sue; it could have chosen to negotiate outside the court system.

    As it eventually did, with the final settlement in 2014. Marvel CHOSE years of litigation before agreeing to a settlement.

  4. "Kirby didn't do all the work himself! Don Heck and Larry Lieber co-created Iron Man, Steve Ditko gave him red and gold armor, Joe Simon co-created Captain America, Ang Lee's Hulk is based on Peter David's run, the movie version of Magneto is way more like Claremont's version than Lee and Kirby's, Mark Millar and Bryan Hitch made Nick Fury look like Samuel L Jackson, and on and on!"

    I completely agree -- all of those people should receive a share of the profits from the films based on their work, too.

    What I don't understand is taking that line of reasoning to the conclusion that NONE of them should receive anything.

  5. "Marvel can't AFFORD to pay everyone involved in creating the characters and stories adapted in its movies."

    Of course it can. Avengers grossed over a billion dollars.

    It is especially clear, following the settlement, that Marvel can afford to make a deal with the Kirbys -- because it has.

  6. "Isn't it convenient how Kirby's heirs waited until there were successful film franchises based on his work before they asked for the rights back? If it's so important to them, why didn't they do this years ago?"

    Because they couldn't. Copyright transfers can't be terminated until 56 years after the property's creation.

  7. "The Kirby kids should just get jobs!"

    The youngest of the Kirby "kids" was born in 1960. Do you really think they've all just been sitting around, unemployed, for the past several decades, waiting for the moment when they could try and get Dad's copyrights back?

  8. "It was work for hire, so Kirby never had any claim to the rights."

    Yes, that's what the judge ruled on July 28, 2011.

    But consider this: There was no work-for-hire contract. Jack Kirby was a freelancer. There is no evidence that he signed ANY contract with Marvel prior to 1972.

  9. "Kirby was an employee of Marvel, so he never had any claim to the rights."

    No, he wasn't. There was no employment contract. Jack Kirby was a freelancer. There is no evidence that he signed ANY contract with Marvel prior to 1972.

  10. "But he KNEW it was work for hire, because that's just how things were DONE in those days."

    The law does not recognize "just how things were done". What it DOES recognize in determining whether a pre-1978 work was made for-hire is the instance-and-expense test -- that is, did the creator make the work on his own initiative ("on spec") and then sell it, or did he create it at the publisher's request, to the publisher's specifications, and get paid a set rate by the publisher regardless of whether or not the work was published?

    The question of whether Marvel paid Kirby for art it didn't use is key. And the judge's ruling was based on Stan Lee's deposition.

    Other people who did freelance work for Marvel, including Stan's brother, Larry Lieber, said that freelancers were not paid for unused pages. Ultimately, the judge relied primarily on Stan Lee's deposition to support the claim that Kirby was paid for unused pages.

    Marvel's key documents were agreements Kirby signed in 1972 and 1986 claiming his previous work had been done on a for-hire basis. Kirby's agreement, in writing, that this was the case is legally damning, but still not hard evidence that the works actually WERE for-hire; Kirby signed these documents under duress, and the 1986 one was famously a condition for Marvel returning his original art.

    It bears noting that work-for-hire agreements cannot be made retroactively; if Kirby's 1963 work was not for-hire, he couldn't MAKE it for-hire in 1972. Furthermore, the 1972 document itself is contradictory -- it asks Kirby to assign all his copyrights to Marvel, and then suggests he never had any.

    The Kirby heirs attempted to appeal the ruling to the Supreme Court; they submitted an amicus brief challenging the instance-and-expense test and its application in the lower court's ruling. Bruce Lehman, former director of the US Patent and Trademark Office, filed an amicus brief arguing that the instance-and-expense test violates Supreme Court precedent. And, ultimately, Marvel chose to settle, just days before the Supreme Court would have decided whether or not to take the case. This suggests that, at minimum, Marvel believed there was a CHANCE that the Kirbys might prevail, and was unwilling to risk that outcome.

  11. "This will destroy Marvel Comics and all my beloved characters!"

    Most of Kirby's characters were co-created with Stan Lee. Stan has already agreed not to seek termination of copyright transfer (presumably because Marvel gave him a much, much better deal than Kirby), so that means Marvel will keep a 50% stake in them no matter what. The Kirbys will not be given editorial control and will not have veto power over Marvel's decisions; all they get is royalty payments -- which, incidentally, Jack never got from Marvel.

    This was exactly how the Superman rights operated between 2008 (when Jerry Siegel's heirs were awarded 50% of the rights) and 2012 (when that ruling was overturned): DC continued to publish Superman comics, they just had to compensate the Siegels.

    Kirby's lack of fair compensation during his lifetime is relevant here: stuff like this doesn't happen in a vacuum. It's too late for Jack or Jerry to get their due, but these legal battles have an impact on still-living creators -- chiefly, publishers will give better deals to their talent in order to keep them happy and avoid future lawsuits. Every time a writer or artist gets a royalty check from Marvel or DC, he has guys like Siegel and Kirby -- and their heirs -- to thank for fighting that fight.

  12. "I work hard at my job, and I don't expect an ownership stake in my work."

    Unless you were doing freelance work in the comics industry prior to 1978, your job is not analogous to Jack Kirby's job, your agreement with the company you work for is not the same as Jack's agreement with the company he worked for, and your heirs' claim to the work you do is not equivalent to Jack's heirs' claim to the work he did.

  13. "So if I built a house --"

    Copyrights are not houses.

  14. "So if I bought a house --"

    Copyrights are not houses.

  15. "So if I sold my house --"

    Copyrights are not houses.

  16. "So if I filed for a patent --"

    Getting closer, but copyrights are not patents, either.

  17. "Marvel lived up to its end of the bargain and doesn't owe Jack anything."

    Even assuming this is true (and I think the King would have something to say about that if he were still with us), you could just as easily frame this as "Kirby lived up to his end of the bargain and his heirs don't owe Marvel anything." Marvel got sole ownership of the copyrights for 56 years, which is exactly what Jack agreed to. That agreement is about to expire. What you're suggesting is that Marvel should automatically get to keep the copyrights for 29 more years than Kirby ever agreed to, in exchange for nothing.

  18. "This is an insult to Jack's memory! He would have wanted all the money to go to Marvel, not his family!"

    Have you ever noticed how most people on the Internet would rather crank out an ill-informed, knee-jerk response than spend the same amount of time using Google to find out whether they're actually right or not?

    Leaving aside the question of how many people would REALLY rather see the profits from their work go to the company they work for than their children, Kirby's relationship with Marvel is a matter of public record, and it wasn't a positive one. He did not feel that he received either the compensation or the credit that he deserved.

  19. "If it was so bad, why did he keep working there?"

    He actually quit, on several occasions, due to disputes with the company: once in the 1940's, again in the 1960's, and finally for good in the 1970's.

  20. "If it was so bad, why did he keep coming back?"

    He came back in the 1950's because the market was crashing and many of the other publishers were going out of business. He came back in the 1970's because he had been offered a better deal than he'd had before -- that was the point at which he sold his rights, though it bears repeating that this was prior to 1978 and the sale would have expired at 56 years from the date of each character's creation.

  21. "Jack Kirby didn't create anything; all he did was design costumes for characters Stan Lee came up with."

    Have you ever noticed how most people on the Internet would rather crank out an ill-informed, knee-jerk response than spend the same amount of time using Google to find out whether they're actually right or not?

    Even if all Kirby had ever done was design the look of characters, that would be sufficient for an ownership stake. But he did considerably more than that.

    Writing at Marvel was a collaborative process. The "Marvel Method" was that Stan would float a plot outline, the artist would draw the pages, and then Stan would fill in the dialogue. Sometimes Stan's outline was detailed, sometimes it was rough, and sometimes there was no outline at all and he wouldn't know what was in the comic until he saw the art. In those cases he'd just write the dialogue -- and even then, he would often use the artist's dialogue suggestions.

    Artists at Marvel had an active role in developing characters and stories. Kirby, Ditko, and others felt that they were not given the credit they were due, and their contributions were underplayed. The fact that you didn't know how much Kirby did and believed all the heavy lifting was done by Lee would seem to prove that point.

  22. "What about Spider-Man? Kirby didn't create him!"

    Kirby worked on an early version of Spider-Man that bore little resemblance to Ditko's final version. I would tend to agree that his claim to Spider-Man is tenuous, but the court may decide that his heirs are entitled to some share in the copyright -- probably not the 50% they'd expect for the Fantastic Four, but some smaller portion.

    I've seen some commenters speculate that the Kirbys never expected to win the Spider-Man rights but asked for them as a tactical maneuver -- in a legal dispute, it's good practice to ask for more than you want, wait for a counter-offer, and negotiate from there. This seems plausible, but Kirby DID claim that he had co-created Spider-Man.

  23. "Marvel took all the risk; Marvel should get all the reward!"

    I see this one all the time, and it's rather baffling. Are you arguing against the very CONCEPT of royalties? Try running that one by most comic book writers or artists today and see how far you get. And that's without getting into other creative industries like books, music, film, and television.

    Aside from that, the notion that Marvel took all the risk relies on the assumption that Kirby was paid whether his work was published or not. Again, while the courts have upheld this claim, it is widely disputed.

  24. "This is unethical!"

    Ethics are personal and subjective. I think it's unethical for a company to pocket billions of dollars on the back of a man it never paid more than a modest page rate, 20 years after his death. You, presumably, believe it's unethical for a dead artist's next-of-kin to try to turn a profit from characters he willingly sold off 40 years ago. We can agree to disagree on the ethics of the situation.

    The law, on the other hand, is much less ambiguous. When Jack Kirby sold his rights in 1972, he did so under a copyright law that stated they would go into the public domain starting in 2014. When Congress changed that law in 1976 (effective in 1978), it changed the terms of the agreements Jack and others had signed. As such, the new law included an escape clause for anyone who had sold his copyright under the old law: he -- or, in the very likely event that he didn't live long enough, his statutory heirs -- could terminate the transfer when the original expiration date came up.

    Whether you think the law is ethical or not, it's the law, and it's not being disputed in this case. If Kirby's works were not for-hire, then he owned a portion of their copyrights, and his heirs are legally entitled to reclaim that portion.

    The size of the portion, and that "if", are the only legal points in question here. Did Kirby sign any work-for-hire contracts? His heirs contend that he didn't, and the court agrees that there is no evidence that he did. Marvel's work-for-hire case is based partially on documents that Kirby signed years after the fact, and partially on Stan Lee's widely-disputed contention that Kirby never worked on spec.

    If this exact same set of circumstances were to occur today -- a freelancer were to create a work without a prior written agreement acknowledging it as work-for-hire -- then the freelancer, not the publisher, would own the rights.

    And if the Kirby heirs could actually produce hard evidence that Jack worked on spec and submitted ideas, on his own initiative, that Marvel never used and that he was not paid for, then that would prove that at least some of the work he did was not on a for-hire basis.

    I can't help thinking that, if any such evidence exists, it was somewhere in the piles of original art that Marvel agreed to return to him and which someone then left unattended next to an elevator.

I grant permission for anybody to reuse this post, in whole or in part, so long as they grant attribution. And don't go nuts with that "or in part" part; no selectively excerpting partial sentences to make it seem like I meant the opposite of what I did.

And, for further reading, check out the following links, which have much more thorough rundowns of what copyright law says, why it says it, and how it specifically applies in the Kirby case:

Love and Rockets: New Stories #1

So, people on the messageboard have recently been prodding me about the fact that there are threads there that consist largely of me posting and nobody replying, yet meanwhile I have let my blog languish since February. It is a fair point, and so I'm going to start putting my posts about things nobody else apparently wants to talk about up here instead of on the boards.

Sadly, Love and Rockets seems to be one of those things, and that's a shame -- anything involving Skrulls or written by Mark Millar provokes lively discussion, yet when I bring up one of the seminal series in comics history (and, for my money, a fantastic piece of American literature)? Nada.

So this week marked the debut of Love and Rockets: New Stories, the third volume of the series and a new format -- a beefy 100-page annual. I suspect that the reason they titled it New Stories instead of simply Volume 3 is that, at a glance, it looks like a trade; they want to emphasize that it is not, in fact, a collection of old stuff.

The presentation is 7 short Gilbert stories (one of which is written by Mario) bookended by a Jaime story in two 24-page installments.

Jaime's story is set, loosely, in Locas continuity -- it features Penny Century and Xo, and Maggie appears briefly -- but it doesn't fit with the series' usual realistic themes; it's a superhero story. It recalls the early Maggie the Mechanic stories, where dinosaurs and robots appeared as casual, everyday parts of life, and Love and Rockets was actually a fairly accurate description of what you were likely to see in the book.

That aside, needless to say, it's not everday superhero fare. There's plenty of Kirby love to go around, but this is still a Love and Rockets story -- it's about family issues, old friends reuniting, and strong women.

That element of the familiar pervades Gilbert's stories, too, but he abandons his established world -- there's no Palomar here, nor even any of its tangentially related characters like Venus or Fritz. They're also short -- Jaime devotes 48 pages to a single story, while Beto's longest is 16.

Papa, The New Adventures of Duke and Sammy, and Victory Dance form a trilogy of sorts, increasingly surreal as they go. Mario's story, Chiro El Indio, is not so much surreal as whimsical, and has a certain 1920's vibe to it. Never Say Never is a funny animal story about luck and sharing the wealth, while the aptly-named ? is a thick-lined, surreal pictures-only story that recalls Owly or Frank.

Beto's stories show a good deal of stylistic range -- I'm not an artist and I'm likely to stumble in trying to describe what he does with lines and shading, but each story is visually distinct.

Anyway. Love and Rockets. One of the all-time greats, and I love that it's still being published -- even if we only get one a year now.

Looking forward to Beto's story in this year's Treehouse of Horror comic.


Playing: Just finished Mass Effect for the second time; working my way through various Mega Man titles in preparation for 9.

Reading: Our Dumb World, in-between various comics. The local Atomic Comics had a 20% off sale on Labor Day and I picked up a stack; so far I've read Astonishing X-Men vol 4: Unstoppable and Batman: Gotham by Gaslight.