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Robert White Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 4560
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Posted: 11 January 2013 at 2:09pm | IP Logged | 1
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From what I gather, Kirby's family want's Kirby recognized to the same extent as Stan Lee, which I think is more than fair. Also, I think they want what Stan Lee gets from his relationship from Marvel, retroactively, in place of what Kirby would be getting if he were still alive.
We have to remember that Kirby would have set aside a lot of money for his family IF he had gotten the same treatment as Stan. If we look at this from a "fairness" or ethical standpoint, how is it wrong for them to feel that they deserve this? This is Jack Kirby, the creator of your company's intellectual property, not some ghost-artist copying other peoples creations. There is a distinct difference that needs to be fully recognized in this country. "Well, that's the way the world worked back then" is not a good excuse.
All my "pro-creator" stances aside, I do fully realize that there are cases where the families, or sometimes even the creators, are unreasonable and wrong.
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Matt Reed Byrne Robotics Security
Robotmod
Joined: 16 April 2004 Posts: 36083
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Posted: 11 January 2013 at 2:26pm | IP Logged | 2
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Robert White wrote:
If you're content to work for Marvel or DC, you shouldn't expect to make as much money, obviously, because they're fronting the bill for production, advertising/promotion, etc. But this idea that because these companies do so that they should have total control over everything is absurd and wrong. |
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That's the work for hire contract that they signed though, no? Hopefully they get a certain percentage from characters they create in whatever media now or in the future exploits said character, but no company is going to give over control even a little bit under those terms. It's not like they should have to check with Creator X before having Character Y appear in a story or before giving approval for Character Y to appear on coffee mugs, t-shirts and Underoos. If someone wants control over that which they create, don't work for Marvel or DC. If you want to play in their sandbox, either structure your deal so you get something for new characters you create or realize going in that what you create for them will be something you have absolutely no control over once it hits the printed page.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 133561
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Posted: 11 January 2013 at 2:35pm | IP Logged | 3
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The deal offered to creators in comics used to be one of the worst you could find just about anywhere this side of full-out slavery. It came very, very close to indentured servitude, in fact.But -- and this is very, very, very important -- IT WAS NOT A SECRET. When I set about getting a career in comics, I understood full well that I would not own anything I created. One of the people who explained that to me, in great detail, was Marv Wolfman, would would regret it later! One of the advantages comics used to have -- and this is going to sound staggeringly naive, I know -- is that many of us got into the job for LOVE, not for MONEY. Until the very early Eighties, there were no royalties, no percentage deals, no acknowledgments of ownership, but we knew it going in, and all we wanted to do was MAKE COMICS. This was not the case, so much, in the early days, when comics were a haven for people who did not have the chops to make it in the strips. There it was about MONEY to at least some degree -- but it was about making a living, not making a fortune. Things have changed a lot, and, typically, with the changes has come a kind of amnesia. People forget that the Past was DIFFERENT. Like Todd McFarlane chiding me for not starting something like Image when I was "hot" -- in 1975! Chiding Ditko and Kirby in the same way. Oblivious to Kirby's failed attempt to do just that. Oblivious to the state of the industry before things got better. "Better" in the sense of more money. But I look at some of the people MAKING all that money, these days, and I wonder Where's the LOVE?
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Brian Miller Byrne Robotics Member
Joined: 28 July 2004 Location: United States Posts: 31287
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Posted: 11 January 2013 at 3:05pm | IP Logged | 4
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If you create Spider-Man, you're obviously going to make vastly more money even if you only get a few percent of the merchandising. If you "perform" well enough the character gets a cartoon and you get money from that. Isn't that basically how it works now? You don't have to figure out what a character might do in the future if a fair system is in place from the start. ****************** But nobody did this then. Why should a select few, who were content with the deals they had back then, get to come back now, 40-50 years later and say, "You should've paid me back then! I want my money!"? I'm not saying the deal back then wasn't bad. I'm just echoing what JB's saying. These guys all knew the score going into the deal. There was no guarantee ANYTHING these guys created was going to have the success of Spider-Man or the X-Men, so why does everyone want to change things now for the past? Minimum wage is now, at the national level, $7.25 per hour. When I first entered the workplace it was $1.85 per hour. Should I now sue my former bosses for that extra $5.40 I didn't make back then?
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Shawn Kane Byrne Robotics Member
Joined: 04 November 2010 Location: United States Posts: 3239
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Posted: 11 January 2013 at 4:14pm | IP Logged | 5
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I would love to see Jack Kirby recognized the way Stan Lee is. I remember Stan getting ambushed by some reporter about why there wasn't a credit for Jack in the Avengers even though there was. The creator's rights crowd seems to want to make their point that Marvel screwed Jack Kirby that they're willing to make stuff up to make Marvel and Stan the bad guys. I'd love to see Marvel do more to acknowlege the King but is it possible under this regime? Joe Q doesn't seem to acknowledge that there was such a thing as Marvel prior to his becoming EIC.
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Donald Miller Byrne Robotics Member
Joined: 03 February 2005 Location: United States Posts: 3601
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Posted: 11 January 2013 at 4:53pm | IP Logged | 6
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This almost deserves it's own thread...
an amazing portrait of the King by Drew Friedman
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Andrew W. Farago Byrne Robotics Member
Joined: 19 July 2005 Location: United States Posts: 4079
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Posted: 11 January 2013 at 5:27pm | IP Logged | 7
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Minimum wage is now, at the national level, $7.25 per hour. When I first entered the workplace it was $1.85 per hour. Should I now sue my former bosses for that extra $5.40 I didn't make back then?
Did the work you did on your minimum wage job later net your company billions of dollars? Is filling a spot on an assembly line comparable to inventing the X-Men, drawing a monthly comic that's been collected and reprinted consistently for decades, building up a property into something that Hollywood executives feel would make a good movie or cartoon series? It's not an apples-to-apples comparison by any means, unless a minimum wage-earning employee invented the Big Mac or Coca-Cola or something equally enduring.
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Robert White Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 4560
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Posted: 11 January 2013 at 5:40pm | IP Logged | 8
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Who say's they were "content"? They liked comics and wanted to work and weren't able to alter reality on a whim. As far as you or any of us getting the money back, that would only work if prices were the same as they are now, wouldn't it? How much was gas then, as an example? Also, most of us aren't in the business of actually creating concepts and new things like artists are, so I have never been able to view artists in the same way as I do non-artists when it comes to stuff like this. You might physically build a car or a lightbulb, but you didn't conceive of said car or lightbulb. To be perfectly blunt, comic/entertainment companies are a dime a dozen. It takes little comparable talent to run one or to get material out, particularly if the infrastructure is there. This can be fabricated and immitated. A Jack Kirby, and his creative genius, can't. With an art, for me, it's a different beast. I do believe in retroactive compensation. If the law changes, and the creators are still alive, they should indeed benefit from all they would have gotten. If someone get's put in prison for a crime, and then later it's stricken from the books and is no longer considered a crime, should the person in question be forced to remain in prison? Should Native American's and other minorities still be denied certain rights because of the unethical laws of the past? Of course not. It's not about them or the company not knowing this or that. How many creations go nowhere and wouldn't cost the company much of anything as far as royalties go? It's only when we get to the Kirby's that the companies don't want to budge. These the ones they REALLY care about, because those are the creators that created things that build entire industries. Constantly pointing out that "that's the way things used to work" is a dangerous mindset that gives a pass on unethical behavior. I really believe that the way companies, and the law, still treats "talent" to this very day will one day be seen as almost as disgusting as institutionalized racism does to us now.
Edited by Robert White on 11 January 2013 at 5:43pm
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David Miller Byrne Robotics Member
Joined: 16 April 2004 Posts: 3117
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Posted: 11 January 2013 at 5:48pm | IP Logged | 9
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It occurs to me that of all of Kirby's co-creations, Silver Surfer is probably the one that best meets the criteria for copyright reversion, since by Lee's account, published in a Marvel book, the character was created solely by Kirby as a freelancer without editorial direction; Lee could have said "I said God not this Surfer crap," rejected the pages and Kirby would have been unpaid for the work. It won't be for a few years, but I wonder what's gonna happen.
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Robert Bradley Byrne Robotics Member
Joined: 20 September 2006 Location: United States Posts: 4887
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Posted: 11 January 2013 at 5:57pm | IP Logged | 10
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But it something like an architect designing a building and then coming back years later to demand more money if the owner of that building sells it for a profit.
It would be great if the artists and writers from the early days had made more money or had gotten long-term return on their work, but that's just not what they agreed to.
Stan Lee was a special case - he was basically editor of the whole line and the face of the company, and negotiated a good deal for himself. Unfortunately for the other creative talent they didn't have enough leverage to do the same (not even Kirby and Ditko).
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Clifford Boudreaux Byrne Robotics Member
Joined: 19 July 2012 Posts: 443
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Posted: 11 January 2013 at 6:38pm | IP Logged | 11
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But it something like an architect designing a building and then coming back years later to demand more money if the owner of that building sells it for a profit.
More like re-negotiating a lease after the original terms expire.
Copyright is not perpetual and the companies knew this when they purchased these works from outside the work-for-hire system. These companies have lobbied to have the laws changed in their favor and the very laws that give S&S, Kirby, and others a second bite of the apple also give these companies another bite at the apple.
Today, Warners would not have any piece of the copyright of Action Comics #1 were it not for the very law which is the basis for S&S's lawsuit.
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David Plunkert Byrne Robotics Member
Joined: 03 July 2012 Posts: 536
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Posted: 11 January 2013 at 6:41pm | IP Logged | 12
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Stan Lee was a special case - he was basically editor of the whole line and the face of the company, and negotiated a good deal for himself. Unfortunately for the other creative talent they didn't have enough leverage to do the same (not even Kirby and Ditko).
iiii
Yep... the only leverage Ditko or Kirby had was to leave and go to DC.... where their success was mixed at best. Although Kirby arguably would have had more negotiating power had he taken the art director position.
I'm a huge Kirby and Ditko fan but its hard to argue that they weren't more or less immediately replaced at Marvel in regards to "making the donuts."
Despite Marvel's 60's sales rebound and multi-million dollar sale to Perfect Film comic in 69; sales were still far less compared to their heyday. No one entered the field for 15 years before Roy Thomas. In light of that....how much would Kirby or Ditko expect to be compensated in what many considered an industry that existed in the margins?
Other then being able to write and edit himself... does anyone know if Kirby negotiated a much better money deal for himself at DC? He still didn't own any of his characters and only received royalties for toys by doing some New Gods design work in the 80s.
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