Full article here.
Full article here.
Not surprising, but desappointing.
Me: Please Marvel, give some spotlight to your 21th century creations instead of killing them every month.
Marvel: Avengers Arena, lol!
Classy as always, Marvel.
Its okay. I hear that all the suits that denied Kirby and his fam their due will end up as his slaves in the after life.
I never really understood why Marvel has not given Kirby (really all of their original bedrock guys) more recognition. Seems like all the fame and money went to Stan Lee. Even thought it is fairly common knowledge how important the other artists (and writers) were to establishing the Marvel U. I understand how, legally, he does not have the right to the work. But even just settling something like this with some payment & recognition that the works are Marvel's would go a long way. Hell, dump the money in to a neutral fund to support those individual comic creators in times of need.
Last edited by Doctuh; 08-08-2013 at 12:53 PM.
There's a lot of Kirby created work: the Simon and Kirby work, the Pacific Comics work and probably tons of unused designs. Why try to claim his WFH work?
My guess would be because of the popularity of the Marvel/WFH characters vs. his work not done at DC and Marvel.
I would say that he should deserve at least EQUAL billing to Stan Lee for the work they did together. At Least.
There has been enough evidence over the years showing that Kirby was AT LEAST 50% responsible for the popularity and creation of a lot of Marvel characters/concepts from that era.
There are a lot of times that I don't support folks going back and trying to re-write work for hire agreements. But in this case, I think Lee screwed Kirby over pretty severely. He made sure to keep himself out front as the 'King of all things Marvel' and tried to keep Jack in the background.
Not surprising; but not disappointing either. Mr. Kirby worked in collaboration with Mr. Lee to create characters that were OWNED from the get-go by Marvel. That was the JOB that he had been hired to do--to create. By nature of the JOB he was paid a salary by his employers. Did anyone think that these 'creations' would still be published 40--50--60 years later and that they would be reaping vast income for the company? Probably not. But Kirby and Lee were paid for their efforts and had opportunity to re-negotiate their contracts (moreso Lee than Kirby unfortunately). Point is: the JOB was WORK FOR HIRE; the heirs are not eligible for anything. Sorry, but that's BUSINESS in the REAL WORLD.
"The LESS some people know the MORE stubbornly they know it!"
"That which does not KILL us only serves to make us STRONGER!"
Lee doesn't get any billings as it is and he certainly pushed Jack in the front although it was fans that initially favored Lee over Kirby and created the ridge between them.
The Kirbys should register their father's name like Don Rosa did. Then publishers get a choice of using the name or not.
But really I think the elephant in the room of all of this is how copyright laws simply shouldn't be so long-term. It's absolutely ridiculous for 50+ year old creations not to be in the public domain already. No real, genuine cultural transference can function in this system. It's all artificial and false. These characters should be like King Arthur, Robin Hood, Heracles, etc. At this point ANYONE should be able to do Superman, Batman, Human Torch, Spider-Man stories. We shouldn't even have this ridiculous drama playing out. Jack Kirby didn't earn as much money as he "deserved" (in a non-legally-binding way) when he was alive, but his great-great-grandsons definitely didn't do any of the work he did, and neither did Joe Quesada or any of the other current Marvel bigwigs. I say let the artistic creations be free, finally. If we didn't live in this nauseatingly corporate and money-grubbing society in the first place, then we wouldn't have to deal with this stuff. Imagine Charles Dickens' descendants trying to sue Disney for "Mickey's Christmas Carol". Imagine Hans Christian Anderson's great-great-great grandchildren trying to sue Disney for The Little Mermaid. There's a reason why that didn't happen. Because back when our civilization was less insane, it was natural for "cultural myths" to become public property. Now all of our myths are quite literally OWNED and SOLD to us, because the statute of limitations on copyrights keeps getting extended and extended, so that Mickey Mouse never falls into the public domain, as he should have done decades ago.
The original laws said that copyright only lasted for TWELVE YEARS. It's absolutely ridiculous for people to be arguing over the ownership of characters who were old when their grandfathers were young, but that's where we've gotten because of all of this GREED on the part of the corporations AND the "heirs" who themselves did absolutely nothing to deserve hundreds of millions of dollars either.
Imagine if a group of ancient Greeks suddenly decided that they "owned" Zeus or owned the tales of Odysseus, and they got to dictate who got to retell those stories, and they had to get paid every time a Greek myth was told. That's the equivalent of what these corporations and these "heirs" are doing. These ideas and characters became public myths a long, long, long time ago; thus, they should be in the public domain.
Last edited by DarkBeast; 08-08-2013 at 02:00 PM.
I would love to read Marvel books without feeling guilty.
And Don Rosa was/is ripped-off too. Just google some interviews with him.
Man, it's just SAD.
And justice for all...
A tiny human being against the machine.
(I'll have to change my avatar)
Say No to decompressed storytelling!
Bellechere for the win!!!
Let's be honest...this suit never had a chance.
No court in the US in this day and age was going to rule in favor of the Kirby estate no matter what the facts were. Our courts are bought and paid for by corporations, as are our lawmakers.
Anyone expecting ANY useful IP to ever fall into public domain ever again is kidding themselves. If it has ANY value at all, someone will snap it up and keep the copyright up.
The facts are Kirby himself admitted to being a freelancer on numurious occations until the 1980's when Marvel really started merchandising their products.
It also dosen't help their case that he turned down a partnership to go over to DC.
Cyclops ad portas