Tag: Mark Evanier

Kirbys and Marvel Settle

2014-09-26, 4:49 pm
Categories: Comics, Movies, Stream of Consciousness, TV

Today, Marvel and the Kirby Estate released a short joint statement:

Marvel and the family of Jack Kirby have amicably resolved their legal disputes, and are looking forward to advancing their shared goal of honoring Mr. Kirby’s significant role in Marvel’s history.

It's finally over.

I've revised my 2010 form post, The King's Ransom, for what I hope will be the last time.

A bit of context, since I wasn't updating the blog back in June (though I did tweak the aforementioned form post): the Kirby heirs were appealing the case to the Supreme Court, and a number of amicus briefs were filed in the case by prominent groups including the Artists' Rights Society and the International Intellectual Property Institute. Among others, Bruce Lehman, former director of the USPTO, argued that the instance and expense test that the previous judgement against the Kirby heirs hinged on violated Supreme Court precedent.

The Supreme Court was set to decide whether or not to take the case in just a few days.

Kurt Busiek says, in the comments section at The Beat:

Considering that the Kirby Estate didn’t seem to have anything to lose by going to the Supreme Court, but Marvel/Disney had a lot on the line, I’m thinking (or hoping, at least) that this was a decent settlement for the Estate. Given the timing — if the Supreme Court had chosen to hear the case, no settlement would then be possible — it virtually has to be a deal spurred on by the side that doesn’t want the case to go to the Court.

However unlikely onlookers think it might be that the Court would take up the case, and however corporate-friendly the Court may seem to be, the stakes are very high, and a settlement may have seemed a better plan than rolling the dice.

Busiek, of course, doesn't have any inside knowledge of the case, but I find he's been extremely knowledgeable about the facts and issues involved.

Mark Evanier -- who does have inside knowledge of the case -- started off this morning by joking that he can finally finish his Kirby biography, and then added, in a second blog post:

If you're coming to this page in search of details and commentary, you've come to the wrong place. I will be saying nothing about it other that I am real, real happy. And I'm sure Jack and his wife Roz, if they're watching this from wherever they are, are real, real, real happy.

I noted, back in a 2013 post about Archie v Penders, that the thing about settlements is that their terms are typically confidential. It's likely that we'll never know the precise details of the Kirby settlement. (If I were a betting man, I'd say Marvel probably agreed to give them the same profit-sharing deal that it gives current creators -- but that's just a guess, and it's worth what you paid for it.)

One thing we will know is whether the settlement involves more prominent creator credits for Kirby. Marvel's creator credits have been inconsistent up to this point -- the original 2002 Spider-Man movie has a "Created by Stan Lee and Steve Ditko" credit right upfront, and Agents of SHIELD credits Lee and Kirby at the top of each episode, but other movies have buried creators' names at the bottom of the end credits under a nebulous "special thanks" section. I expect from here on in we'll be seeing much more prominent "Created by Jack Kirby" credits in comics, movies, and TV shows. Guess we'll know soon enough.

And speaking for myself -- I guess my boycott's finally over.

Which is good, because that Mike Allred Silver Surfer sure looks great.

More Kirby for Me!

2012-08-31, 10:21 pm
Categories: Books, Comics

Well, in a lucky capper to Jack Kirby's birthday week, I found a copy of Kirby: King of Comics, by Mark Evanier, at my local Barnes and Noble for about 75% off.

It doesn't appear to be in stock on the B&N website, but check your local store; maybe you'll get lucky too.

Sure is purty. It'll look great next to my copy of The Art of Ditko.

Happy Birthday, Jack

2012-08-28, 7:54 pm
Categories: Comics, Stream of Consciousness

Image: Orion and Lightray on the rocket, New Gods #6
Scan found at Glass Walking-Stick in a Google Image Search

Today would have been Jack Kirby's 95th birthday.

I think it's safe to say that he was not only the most important figure in the history of superhero comics, but the most important figure in American comics, of any genre.

And according to Mark Evanier's afterword to Jack Kirby's Fourth World Omnibus, Volume 2 (now in paperback!), he drew that page up top in an hour.

Speaking of Evanier, he posted a remembrance today, along with Steve Bissette and countless others. Heidi MacDonald has a great selection of Jack's art, plus a photo of Alan Moore towering over him.

It's also Read Comics in Public Day.

But most importantly of all:

Jack's granddaughter Jillian has started a campaign called Kirby4Heroes, a fundraiser for the Hero Intiative. I've spoken of the Hero Initiative before, but to review: it's a charity that helps support comic book creators who are down on their luck. Unfortunately, there are quite a lot of those; here are some testimonials (including some from folks who are, sadly, no longer with us):

Kirby's legacy is not only as an artist, storyteller, innovator, and Man with Big Ideas -- he worked hard to make sure his fellow creators could make a decent living. Because in the old days many of them didn't -- and, sadly, today many still don't.

Why No Ditko/Marvel Boycott

2012-07-12, 5:22 pm
Categories: Comics, Movies, Politics, Stream of Consciousness

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.)