The Mix : What are people talking about today?

Mike Gold: Fantastic Four Is Fantastic For…?

You may have seen the trailer for the new Fantastic Four movie, due from Fox this coming August. Seeing as how you’re reading this on ComicMix, you probably have.

You may be familiar with all the rumors about how Marvel is pissed off at 20th Century Fox because the movie violates, well, everything fantastic about the Fantastic Four.

At the very least, it seems to ignore much of the origin and the history of the subject material. Anyway, many people believe that’s the reason Marvel cancelled their Fantastic Four monthly, the flagship and cornerstone of the Marvel Universe. This may be true, as there’s a lot of bad blood sloshing around this deal. Not to mention a lot of bad movies as well.

Here’s the curious part.

Human Torch & Silk 4You may have been to your friendly neighborhood comics shop today and picked up a copy of the new Marvel Previews… their promotional comic that tells us what they’re going to publish in a couple months. If you’ve seen the trailer and you’re familiar with the conflict and you’ve seen Previews, you just might be confused by the cover for Silk #4, pictured to the left.

Your confusion would be well-founded. Right there on the cover is Johnny Storm, of the Fantastic Four, sharing a meal with Silk. If you’re not confused, take a look at Johnny’s costume.

You’ll note that the “4” on his chest is pretty much the one in the new movie. It’s the same as the one in the final issues of the Fantastic Four monthly, except for the logo on Mr. Fantastic’s polo shirt. But with the monthly cancelled, if Marvel wanted to distance itself from the movie this would be a great time to revert to any of the previous logos – or create a new one.

Hell, if I were really pissed, I’d spell out the word across Johnny’s chest!

The logo for Fox’s new movie is depicted at the top of this column, unless I broke the Internet once again. That movie “4” is just about the same “4” we see on the cover of Silk #4, to be released this coming May 14th.

If you’re not confused, let me explain why I am. If Marvel hates the new FF movie (or the FF movie deal) to the point of cancelling their flagship title… why does the return of the Human Torch to Marvel’s cover stock promote the Fantastic Four movie?

I’ve always taken this story with a grain of salt. Given my somewhat skeptical nature, that grain of salt usually is big enough to make the Morton Salt girl wince. But people have looked into this, and I’ve asked a couple friends who labor in the Mouse House of Ideas. I had grown to accept this story and have even tagged Marvel’s response as petty. Not horrible, just petty.

And now they’ve changed the Fantastic Four uniform to comply – imitate, actually – that worn in the upcoming movie. The one they ostensibly hate.

Curiouser and curiouser, as Alice famously said.

Then again, the answer might be as simple as this: why let a multi-million dollar feud get in the way of making some money?

 

The Point Radio: Jason Hervey Playing Both Sides Of The Law

By sight, you know Jason Hervey as big brother Wayne from the classic WONDER YEARS, but in the decades since he’s been behind his desk helping create some exciting TV and movies projects. His latest is OUTLAW COUNTRY (premiering this week on WGN America), taking a unique reality look at both sides of the law in a small town. Jason fills us in on the show and more, plus we are on the set of the VH1 series HINDSIGHT. Time travel saga or soap opera? Stars Laura Ramsey and Craig Horner weigh in.

In a few days,we go to the set of the USA Network hit series SIRENS, plus a look at this season of BLACK SAILS from Starz. Be sure to follow us on Twitter @ThePointRadio.

Box Office Democracy: Hot Tub Time Machine 2

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There’s a certain amount of bravery in making a movie like Hot Tub Time Machine 2. Not, you know, actual bravery because making a sequel is usually an admission that the studio would rather take the money than make a clever new film but comedy sequels are almost always terrible. In a sequel you’re selling the promise of the same thing but good comedy comes from being able to surprise your audience. While there are comedy sequels that succeeded in being funny enough (Addams Family Values, 22 Jump Street, and Back to the Future Part II jump out at me) none of them ever rise to the level of their original and are usually, at best, tolerated. Hot Tub Time Machine 2 is, at least, a tolerable movie but if it were five years from now and both were on Netflix I can’t imagine a scenario where I chose it over the original film.

The bravest part of making Hot Tub Time Machine 2 was the moment in production when it became clear John Cusack would not be returning. (more…)

Emily S. Whitten: The Minds of Philip K. Dick

Before I get started on this week’s musings, here are a couple of housekeeping items:

1) Have I mentioned lately how great the other writers here at ComicMix are? It’s probably been awhile, so let me take a quick minute to do so (again). If you somehow found ComicMix via me and primarily read my column here on the site, a) Cool, thanks! and b) I highly recommend you give the other folks here a try. Even in just reading through the last few days of columns, from Mindy Newell’s thoughts on Battlestar Galactica to Marc Alan Fishman’s discussion  of guarding one’s creative integrity versus going for a payday and wider success, to Molly Jackson’s rejoicing over the awesomeness that is Agent Carter, I am reminded of how quality the folks who write for this site are, and how lucky I am to be amongst them. Anyone reading this site probably knows that already; but just in case you’ve missed out – check out my fellow columnists. You won’t regret it.

2) Speaking of Agent Carter (and I wholeheartedly agree with your column, Molly), I mentioned previously that I’ve recently taken over the duties of co-hosting (with Cleolinda Jones) a long-running podcast, Made of Fail, which is all about geek culture and properties. It’s taken a little while for us to get our first solo-hosted podcast in the can, but we’ve finally recorded Episode 76 of Made of Fail, and it should be up any time now. We talk about current TV shows, including Agent Carter, along with some movies we’ve seen recently and various and sundry other topics. So please don’t forget to check that out in the next few days if you’re in the market for a fun (we hope) new podcast to listen to!

And now, on to today’s topic, which is the works of Philip K. Dick and the movies we keep making from them. During the 53 years that he lived, Dick wrote 44 published novels and at least 121 short stories, and a remarkable majority of them revolve around the same themes: the sense of a greater intellect or system watching and controlling the small, in comparison, life and actions of a protagonist; actual conspiracies that the protagonist only realizes too late, or perceived conspiracies that are the result of paranoia; a character’s confusion at what is happening and inability to determine reality versus illusion; humanity evolving or devolving in ways that destroy or replace the status quo (often through changes in science or technology); and the examination of free will versus inevitability of future events.

In the same way that Raymond Carver’s stories, different as the plots or characters might be, share the feeling of dirty realism, Dick’s stories, despite great plot variation, feel universally grim or oppressive, with a general sense of something ominous threatening existence, and with a focus on the singular importance to events of one person’s perception and the choices guided by that perception. They do often, however, also contain the flicker of hope that comes from realizing that a struggle against what might feel inevitable can bear the fruit of winning back control of one’s choices, or a greater understanding of one’s place in the universe.

Perhaps that is the reason why, despite the ominous feel of Dick’s works, we keep making them into movies; and pretty popular movies at that. Among the most well-known are Blade Runner (based on Dick’s novel Do Androids Dream of Electric Sheep); Total Recall (based on the short story “We Can Remember It For You Wholesale”); A Scanner Darkly (based on the novel of the same name), The Adjustment Bureau (based on the short story “Adjustment Team”); and Minority Report (based on the short story “The Minority Report”). As a culture, it seems we find appealing the idea that if there is a greater, if ominous, design behind what happens in our lives, we have the ability to choose to upset that design once we recognize the patterns of it and its effects, and the responsibility to strive towards doing so.

Minority Report is a particular favorite film adaptation of mine, probably in part due to the believable but still fascinatingly futuristic technology shown, which was grounded in and extrapolated from the tech of the time. It also strikes a chord through the major themes of both story and film, which revolve around free will versus determinism, and the idea that our every action is informed by the information we have at the time, which may or may not be “true,” as well as the idea that we can choose what kind of self we want to see or be.

In brief, the story is of a PreCrime unit of law enforcement, which uses three individuals with precognitive abilities to anticipate crimes before they happen and prevent them by arresting the criminals before they commit the predicted crimes (thus before they actually become criminals).

The action kicks off when the chief of the unit, Anderton, intercepts a prediction that he will kill someone he’s never met. He begins trying to unravel how this could happen, and in the process realizes that the predictions reported by the “precogs” sometimes differ, and that even though the computer analyzing their predictions collates data to produce the often-accurate majority report, there remains a possibility of a “minority report” in which the outcome is different. This suggests the idea of multiple future time paths, and the ultimate unpredictability of a world with so many changing variables, including each instance of human choice based on each new bit of information received.

Interestingly, the film differs greatly in its ending from the story, to the extent that (SPOILER ALERT) in the film, Anderton is framed by the antagonist to protect the PreCrime system, but PreCrime is dismantled after Anderton chooses not to commit the predicted murder, and it’s proved that the system is imperfect and an individual’s actions can change depending on the information received.

Conversely, in the story, the villain is trying to discredit PreCrime by showing that Anderton didn’t kill even though it was predicted he would; and once Anderton realizes this he chooses to kill the antagonist in order to save the PreCrime system. Ultimately, however, the theme and effect of the story is the same, in that once the individual is made aware of what he is predicted to do, and has a chance to examine the reasons behind why he may or may not want to, he chooses which path to take based on that, and the prediction turns out to be incorrect.

Of all of Dick’s themes, the examination of free will versus determinism is one of the most interesting to me; but I also have given some thought to which other Dick stories could be the next big screen adaptation; and have come to the conclusion that “The Last of the Masters” would have great potential in that arena. If you haven’t read it, it is an exploration of the conflict between the need for control, lack of empathy, and indifference to the individual that can burden a larger governing system, versus a valuation of individualism, humanity, and the desire for freedom that is so strong it can spur anarchic revolution.

One quote from the story which particularly highlights this theme is from the anarchist Silvia, in talking to the “government integration robot” who controls the local government: “My God,” she said softly. “You have no understanding of us. You run all this, and you’re incapable of empathy. You’re nothing but a mechanical computer.” In this examination of the dangers inherent in establishing a system of control, the story seems almost the next logical step after a movie like Minority Report – moving from the question of an individual’s freedom and the importance of choice there to the question of a society’s need for freedom versus its desire to maintain structure and the benefits and evils that are inherent in asserting control.

I feel that of all themes, this might be the one Dick struggled with the most, for in his stories I repeatedly find both the threads of desiring and recognizing the importance of individual freedom and empathy, and the apprehension that the result of giving individuals choice will inevitably be an attempt to establish or maintain a greater controlling body that will then remove some level of choice.

There’s a question of how to create an ideal balance underlying his writing that, despite his great volume of works, never seems to be fully answered; and perhaps that’s because it can’t be wholly resolved. It’s a conflict that, for all of the surreal or fantastical qualities that surround Dick’s works, is very real, and could make for a damned interesting story to explore on film. I’d like to see that someday.

In the meantime, I’m going to be checking out the newest entry into the on-screen world of Philip K. Dick adaptations, The Man in the High Castle (the new TV series that is available on Amazon Instant Video, yay!).

So until next time, Servo Lectio!

Mindy Newell: Said The Joker To The Thief

“There are many here among us / Who feel that life is but a joke / But you and I we’ve been through that / And this is not our fate.” • Bob Dylan, All Along the Watchtower, 1967

“What’s it all about, Alfie?” • Burt Bacharach and Hal David

I’m writing this while listening to the soundtrack of the revival of South Pacific, which played at Lincoln Center here in NYC in 2008 and won eight Tony awards. It starred Kelli O’Hara as Nellie Forbush, Paulo Szot as Emile de Beque, and Matthew Morrison (Will Schuster on Glee) as Lt. Joseph Cable. The show, written by Richard Rodgers, Oscar Hammerstein II, and Joshua Logan, opened on Broadway in 1949, and is based on James Michener’s series of short stories about the Pacific theatre, Tales of the South Pacific, which was published in 1947, for which he won the Pulitzer Prize in 1948. It was only 4 years since the end of World War II, and audiences embraced the musical – many of the veterans had served in the South Pacific. (Michener served in the Navy, and the stories are based on both his own experiences, the people he met, and the “tales” other soldiers told him.)

The underlying theme in South Pacific is the battle against racism – the first musical to ever attack prejudice. It does so through the “A” and “B” stories, which run concurrently and intersect in the second act. In the “A” story, Nellie, a Navy nurse from Little Rock, Arkansas, falls in love with the French planter, Emile, who fled from his country because of a murder he committed while protecting a woman from being raped. Though Nellie forgives Emile for this, she rejects him when she learns Emile was married previously to a Polynesian woman, whom she calls “colored.” In the “B” story, Marine Lt. Joseph Cable, from Philadelphia, falls in love with the Tonkinese Bloody Mary’s daughter, Liat. (Tonkinese is an old nomenclature for Vietnamese – the Gulf of Tonkin, anyone?) But Cable refuses to marry her, despite Bloody Mary warning him that she will marry Liat to a French planter. He knows that his “Main Line” family will never accept Liat and the society into which he is expected to take his place after the war, and he cannot face the isolation and shunning that marriage to Liat will bring.

I guess I’m listening to the soundtrack because last week my mom became ill and was in the hospital for a few days. She’s now been transferred to the same nursing home facility in which my father lives – if you can call it living – these days. (When I went to see him last week, he didn’t know who I was at first…I had to tell him.) My mom has been living independently, but now we are wrestling with moving her into assisted living.

As frequent readers of this column know, my mom became a registered nurse through the Army Nurse Cadet program and my dad was a fighter pilot in the China-Burma-India (CBI) theatre – and when I went to see South Pacific with my mom seven years ago, she and I talked about what it was like when she and my dad went to see it on Broadway in 1949, in an audience made up of veterans and their husbands and wives, of how the story almost visibly reverberated in the theatre.

They, and their peers, were part of The Greatest Generation.

But sometimes I wonder…

What it’s all really about?

Well, the weather this winter has really been lousy for most of us, hasn’t it? (No snide laughter from those of you living in those few parts of the States where white is not the prevailing color on the ground and where the temperature is above 0º.) So being stuck inside when not at work, I’ve been on a new binge the past few weeks – rewatching Ronald D. Moore’s reworking of Battlestar Galactica.

Rewatching BSG (and it really should be BG, since “Battlestar” is one word) is absolutely engrossing, perhaps even more so than when it originally appeared on the Sci-Fi channel beginning with the miniseries in 2003, and then continuing as an ongoing series in 2004 through 2009. Although Mr. Moore does not exactly state that he knew what the final denouement would be in the podcasts accompanying each episode, the overarching mystical theme of BSG – “All this has happened before, and will happen again” – is repeated many times by many different characters throughout the entire storyline.

Certainly the exploration of religion, morality, intolerance, and politics is there from the very beginning; but I think the biggest question Mr. Moore is asking is “what does it mean to be human and alive?”

In fact, that is exactly what Six (Tricia Helfer) asks the Colonial representative just before “neutral meeting ground” is blown to kingdom come – “Are you alive?” she asks him, before bending and kissing him as the walls come a-tumbling down.

BSG also asks the audience “Do we truly have free will, or are our fates already determined?” I just finished watching “Maelstrom,” the episode in which Kara Thrace, a.k.a. Starbuck, seems to answer that for us, conquering her fear of death and accepting her fate as her Viper spins out of control and is destroyed. It appears to all aboard the Galactica that she committed deliberate suicide – but is there more to Kara’s fate? Was her death only one step in her real journey? (Those of us who have already seen it know the answer.)

BSG also questions technology: yes, we are capable of creating technological wonders, but can we ultimately control them? The Cylons are the most obvious examples of that question, as “man created the Cylons,” as it says in the prelude. And “they rebelled.” On a more subtle level, the only reason the Galactica wasn’t destroyed when the Cylons launched their attack on humanity was because Commander Adama (Edward James Olmos) did not connect the ship’s computers to the larger fleet network.

As the mysterious entities (angels?) that we know as Baltar and Six walk through a modern Times Square in New York City, BSG is asking us one final question before the credits roll:

“All of this has happened before. But the question remains, does all of this have to happen again?”

What’s it all really about?

 

Molly Jackson: Huggles to Agent Carter!

With only one episode left (as of this writing), Marvel’s Agent Carter is sadly coming to a close. This exciting, entertaining and funny show is Marvel’s first serious foray into spotlighting a leading female hero.

Yes, that’s right. I called Peggy Carter, brought to life by Hayley Atwell, a hero. Her deductive skills and intuition border on superhuman and her desire to search for the truth. If that doesn’t sell you, her willingness to help another human being should.

So if you haven’t been watching Agent Carter, then you have been doing yourself a serious disservice. Carter brings a whole new look to the SSR and SHIELD while delicately laying ground work and clues for the future. Marvel shows how well they excel at long-term planning in these episodes. They have episodes tying into TV and movie properties and adding backstory to popular characters.

Peggy Carter’s story played second fiddle to Captain America in the movies but Atwell’s portrayal always resonates with me. She is a character who I could see as a strong female role model, as well as a hero. The conviction of this character translates beautifully to an expanded story, adding more depth to the character. We get to see Peggy deal with an unhappy workplace while wanting more from her life and missing her lost love. She spends her days with friends and enemies, and still manages to support those around her. Even though this show takes place over 50 years ago, this is still a character almost everyone could relate to.

This show also acknowledges the misogyny of the times. In last week’s episode, Peggy points out to her colleagues they only see her as the helpless woman in their midst. They all see her as they want to see her rather than as a peer. I admit, sometimes the near constant criticisms of women make me cringe inside. Still, it brings a sense of reality to an otherwise unreal world. Superhero or not, every woman has had to deal with “gender discrepancies.”

Agent Carter took a major step for comic fans by showcasing a female lead. We need to show Marvel our thanks so they and other companies see this is what we want. Strong female characters, not women in refrigerators. Thank you Marvel. Keep Peggy Carter in mind when you write for fans, and you will keep bringing in all types of fans.

John Ostrander: Double Your Pleasure

Once upon a time, most movie theaters showed more than a single feature. For the price of your ticket, you’d get two movies, maybe a cartoon, sometimes a featurette. You got good value for your money in those days especially at second or third run theaters or revival houses. This was in the days before DVD, Blu-Ray, or even VHS.

In fact, for a long time, the movie studios only got one bite of the apple. Oh, a few movies might show up again; Disney did a good job of bringing classics out of their vaults. When the movies were sold to show on TV, that would also generate some revenue but nothing like today when a major part of the money made by films comes from Blu-Ray and DVD sales. (Aside: I wonder how true that will remain with Netflix and Hulu, et al.)

The first time I saw Casablanca was in a movie theater in an inspired double feature with Play It Again, Sam – the Woody Allen vehicle in which Casablanca plays a big part. Most of the double features I remember weren’t so brilliantly paired although even these days you would get a coupling whose titles together were suggestive. For example, I recently saw a photo of a marquee that has Annie and Satan’s Daughter on it.

There was a pairing that still haunts my nightmares. I was in a play out of the Guthrie Theater that toured the upper Midwest hitting small towns in states like North and South Dakota (both of which seemed entirely made up of small towns) and I, with my fellow travelers, were desperate to catch a movie on our days off. The same double bill followed me for weeks – The Apple Dumpling Gang Rides Again and The Amityville Horror, both of which scored a minus 10 on my must-see list.

These days, we can make up our own double or even triple feature. Some are obvious such as the Bourne movies, but I like it when there are more imaginative pairings like the aforementioned Casablanca/Play It Again, Sam duet.

For example, we recently watched Guardians of the Galaxy (which is rapidly becoming my favorite Marvel movie) and then watched Galaxy Quest which, if you don’t know it, sends up Star Trek and its fans while, at the same time, being a homage to them. Both are quite funny, well cast and acted, have some surprisingly serious moments, and both even have a death that is surprising and moving. If I wanted to make it a triple feature, I would add Serenity, Joss Whedon’s continuance and completion of what he began in the TV series, Firefly. Like the other two, Serenity is a space opera that uses a lot of humor. The three have similarities in tone and attitude that play off each other well.

Another pairing that I stumbled upon was My Neighbor Totoro and Lilo and Stitch. Both are animated features; the first is the masterpiece from Japanese animator Hidao Miyazaki and the latter is from Disney (although, interesting aside, Totoro was distributed in the U.S. by Disney). Both deal with family and have a younger sister/older sister dynamic at their heart. Totoro is, admittedly, gentler and lower keyed than Lilo and Stitch but both show a lot of heart. And Totoro has the Cat-bus!

There are two lesser-known Irish films that work well together – Waking Ned Devine (one of my all time favorite films) and Rat. The latter you may not know but it’s a dark comedy starring Pete Postlethwaite and Imelda Staunton. I cannot briefly describe it to you but I do recommend it. It may not be to everyone’s taste but it is to mine.

There are lots of other double and triple features I could think of but odds are you could, too. If you think of any, speak up. You may know some that I don’t. In the meantime, as Ebert and Siskel used to say, I’ll see you at the movies.

 

The Law Is A Ass

BOB INGERSOLL: THE LAW IS A ASS #346 THE EMINENT MR. WAYNE LOSES HIS DOMAIN

arkham-manor-612x968-f3e97-8869823So in Batman Eternal #29…

What? No I didn’t promise that I wouldn’t write about Batman Eternal this week, I promised I’d try. Also I’m not really writing about the year-long Batman story that is certainly living up to its name, so chillax. (Chillax. How is that even a word? Sounds like a murder weapon in Alaska.) This week I’m writing about what came after Batman Eternal #29. With a little of what came after Batman Eternal #34 thrown in. Which means what I’m writing about is Arkham Manor #1.

In Batman Eternal #29, Arkham Asylum – the hospital for the criminally insane located on the outskirts of Gotham City that houses Joker, Two-Face, Mister Zsasz, and most of the rest of Batman’s rogue gallery – blew up. Although how and why isn’t really important what the hell, I’ve got some time to kill. To put it succinctly, Deacon Blackfire, a magically delicious villain was using his magic in a fight with Jim Corrigan in the tunnels below Arkham Asylum. Blackfire was attempting to pull the Spectre, the ghostly spirit of God’s vengeance that lives inside of Corrigan’s body, out of Corrigan’s body. But Blackfire wasn’t adept enough for this kind of magic and in Batman Eternal # 29, his attempts resulted in …

SPOILER WARNING!

Usually, this is where I’d warn you I’m going to tell you how Batman Eternal #29 ended. This time I’m not. Arkham Manor #1 came out about a month before Batman Eternal # 29, even though it takes place after that story, and it gave away the ending to Batman Eternal #29. If DC didn’t mind spoiling its own story, why should I?

… an explosion. An explosion which caused Arkham Asylum to collapse in on itself in Batman Eternal #30.

Hundreds of people died when Arkham Asylum came tumbling down. But wouldn’t you know it, they were incidental deaths. Collateral damage, as it were. Somehow Joker, Two-Face, Mister Zsasz, and most of the rest of Batman’s rogue gallery survived.

Arkham Asylum’s destruction left Mayor Hady and Gotham City with a big question, where to put “the city’s most dangerous lunatics.” Any time someone suggested a possible new location for all those dangerous lunatics, the citizens of Gotham City basically responded, “Not in my backyard.” Even the ones who lived in brownstones and didn’t have back yards.

Fortunately for Mayor Hady and the city fathers, in Batman Eternal #34 the federal government seized control of Wayne Enterprises and all of its assets. I talked about the how and why of this three weeks ago, so you can go there to read about it, if you don’t already know. (BTW, I really recommend that you go to my old column to read about how and why the Feds took over Wayne Enterprises rather than reading Batman Eternal #34. Not because my new web-based home for the column needs the hits, I just think the experience will be more pleasant.)

Anyway, Bruce Wayne was left largely penniless. (Well, he does have this one giant penny sitting around doing nothing, but I’m not sure it’s negotiable.) Bruce had moved out of Wayne Manor and was living in an apartment in Gotham City. So Gotham City used eminent domain to take over Wayne Manor and make it Arkham Manor, the new home for Gotham’s criminally insane.

Eminent domain, the process by which the government may take private property for public use, is not a new concept. The concept dates back to biblical times, when King Ahab of Israel, offered to purchase the vineyards of one of his subjects, Naboth. Naboth declined Ahab’s offer, so Ahab’s wife, Jezebel, framed Naboth for blasphemy and had him stoned to death. After which Ahab got the vineyards. Since that time, they’ve refined the concept of eminent domain. It’s a little more fair and a little less killy. After the French Revolution, the French formally adopted the Declaration of the Rights of Man and of the Citizen in 1789. Among it’s provisions is the sentence, “Property being an inviolable and sacred right no one can be deprived of it, unless the public necessity plainly demands it, and upon condition of a just and previous indemnity.” The Founding Fathers drafted similar language in the Fifth Amendment of Constitution of the United States, “nor shall private property be taken for public use without just compensation.” Like I said, a little less killy. (Yes, there’s a bit of a history lesson here, but history is important. To paraphrase George Santayana; those who cannot learn from history are doomed to repeat it. Usually in summer school.)

So Gotham City decided to take Wayne Manor through eminent domain and convert it to Arkham Manor. In order to invoke eminent domain, the government must prove four elements” 1) there’s some private property, that 2) the government plans to take, for 3) a public use, after 4) making just compensation to the owner of the property.

Wayne Manor is clearly the private property of Bruce Wayne. Yes, even though the federal government seized Wayne Enterprises’s assets, Wayne Manor would probably still have been Bruce’s property. Remember, Wayne Enterprises was a corporation. The reason a business incorporates is to protect the property of the owners from lawsuits. After the corporation is created, it becomes a legal entity of it’s own and is solely responsible for its actions. If the corporation is sued, those harmed by the corporation can seize the corporate assets but not the assets of the corporation’s owners, that is to say the shareholders.

When the Wayne family established Wayne Enterprises, none of their lawyers would have allowed the Waynes to transfer ownership of Wayne Manor over to the corporation. Such an act would have completely negated the whole reason behind creating the corporation in the first place, limited liability. An attorney would have to be the Chief O’Hara of lawyers to let a client do something that stupid. So let’s assume, even after the Feds seized Wayne Enterprises, Bruce Wayne still owned Wayne Manor.

The government wanted to take Wayne Manor and convert it into a hospital to house the criminally insane, which would be a public use. The only question left would be the just compensation element.

Usually the just compensation happens this way. The government makes an offer which it considers to be fair market value for the property. Generally it’s a lowball offer, because we all know the government never overpays for anything. The property owner rejects the offer as too low and makes a counter offer of what the owner thinks is fair market value. Generally it’s high. The two parties negotiate over what is a fair market value for the property. If they reach an agreement, that amount is paid and the government takes over the property. If the two parties can’t reach an agreement, then they go to court and there’s a condemnation hearing during which the court will determine fair market value.

Sometimes the property owner doesn’t want to lose his property. So he might argue that the taking isn’t for public use. Again there’s a condemnation hearing, this time to determine whether the intended use is really a public use. If the judge rules it is a public use, the condemnation goes forward. I’ve never been able to figure out why these are called condemnation proceedings. No one is condemning the property, they’re just putting it to a new and different use.

None of those steps happened in the case of Wayne Manor. Why not? It wasn’t because the story got the law wrong. It was because Bruce Wayne knew he presently didn’t have the assets needed to maintain Wayne Manor or, in all probability, pay its property taxes. Bruce also believed his father, a doctor who advocated for better treatment of the mentally ill, would have given Wayne Manor to the city in the face of this emergency were he still alive. So Bruce voluntarily agreed to the condemnation proceedings and gave up Wayne Manor.

Bruce apparently believed in the old concept of noblesse oblige. And that makes him a better man than I am. Me, I would have held out for some money from Gotham City. Maybe I wouldn’t have soaked them, but if I just lost my personal fortune and was sitting on a house that was easily worth ten or twenty – and more probably thirty or forty – million dollars that the government wanted to buy, I would have wanted a little something something to get myself back on my financial feet.

But Bruce asked for nothing. He let his ancestral home go not for a pittance, not for a song but for nothing. Because he felt it was his duty. With a sense of noblesse oblige that strong, had Bruce lived back in the times of Caesar, he would have been the noblesse Roman of them all.

Marc Alan Fishman: Selling Out

richie-rich-8523452The other afternoon, whilst sipping on a cool beverage and shooting the breeze with a comic book making cohort, I stumbled upon a most interesting What If scenario. You see, this pal of mine loathes Kevin Smith (of Jay and Silent Bob, and a dozen other ventures). Knowing this, I pressed:

“What would you do if Kevin Smith got a hold of your [Amazing Indie Book I’ve Plugged Before], and decided he just had to turn it into a film. Would you make a deal with him?”

A little bit of hemming and hawing later, the answer was a resounding yes – pending a considerable amount of money was put on the table, as well as some subsidiary rights. It ultimately got me to question myself: Would I put aside my integrity as an artist if it meant a more lucrative life? Well, as much as I’d love to be able to side with the staving artists of the world, I’m a fat dude who loves a good Faberge egg omelet far more than resting on a pile of unsold ideas.

It’s oftentimes the pipe dream of the indie creator, is it not? Certainly Banky and McNeil of Chasing Amy had courted selling out as means to better ends, and no one looked down on them much. The fact is that we barnacles on the S.S. Comics may enter into the endeavor or making pulp for the masses with nothing more than good intentions to entertain, but there’s only so long that one can sustain the hobby without lucrative backing.

As I’ve detailed time and again: each issue of my Samurnauts series represents roughly 250 work hours from concept to completion. Three guys working full time jobs and maintaining contact with loved ones – like our fiancés, wives, and kids – put in those hours. While there’s no greater feeling in the world than seeing a complete stranger plunk down his hard earned cash for my comic, there’s no bigger dream then being able to sustain a career actually making the next issue.

If there were to be a fly on the wall when Shuster and Siegel were pitching Superman, do you think they were contemplating points on the backend when they signed their names on the dotted line? I doubt it. They sold the rights for $130 and a contract to produce more material, to the tune of $150,000 a year for the pair. Superman, of course, went on to become a radio show, a newspaper strip, a cartoon, a television program, and countless cartons of collectable crap. The creators would end up suing DC and other respective owners for a fairer cut for the rest of their natural lives. The notion was clear from the start: putting food on the table will trump a stiff upper lip every time.

When an artist is given carte blanche to see their truest work come to fruition, I’ve no doubt it will always be better than had it been built by a focus group. But there’s a reason why DC and Marvel hire known names to helm their biggest titles. They’re not in the business to take leaps of faith. In the best cases, one could argue that a collaboration between art and commerce leaves the most people happy. See The Avengers. And when it goes wrong, well, funny enough, no one is exactly blaming Eastman and Laird over Bay’s Ninja Turtles now, are they.

The notion of selling out was always troublesome to me. The thing is, the Million Dollar Man was right: Everyone has a price. But there will always be those creations we hold nearest to our hearts and feel the need to protect. I believe for most of us indie creators, our ideas are always on the table for sale because we pride ourselves in the ability to create more where they came from. The hope is when we’re well off enough we can afford to give life to those new ideas without the slimy hand of an unwanted third party. Left to their own devices, Green Day became Foxboro Hot Tubs and without any focus groups to get in the way… ended up sounding like Green Day (from 1968).

So, I say unto all those amidst the Artist Alleyways! You are free and clear to seek that big payday without fear of repercussion. For you see… the artist that pays his bills, and lives to see another day has plenty of integrity in my book.

 

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