The subject of Creators’ Rights in Comics has been catapulted into the limelight in recent years with the sudden surge of blockbuster, comic related films taking in billions of dollars for the corporations that own the copyrights and trademarks while the creators or the estates of creators that conceived and created these gold mines,  struggle to get screen credit, let alone, some type of monetary compensation.

The current success of Marvel’s characters in all popular media has made Jack Kirby the posthumous poster child for numerous creators who are now victims of the comic industry’s tradition of work-for-hire agreements.

Stan Lee, Marvel’s long-time, imperial ambassador and co-creator on many of these characters, stands accused of benefitting enormous financial gain while failing to defend the rights of his various creative partners, most notably, Jack Kirby and Steve Ditko who many contend deserve more than just art credit for their contribution to the actual creation of the characters that they are associated with.

Stan has and always will be, first and foremost, a company man having been brought into the business as a gopher at the ripe old age of 17 by his cousin-in-law, Martin Goodman, the publisher and former owner of Timely Comics. Timely evolved into Marvel under the stewardship of Stan who took over as editor, replacing Joe Simon who left Timely with Jack Kirby  in 1941. Nepotism goes a long way in comics and Stan Lee, since, has always been “taken care of” for his role as a stalwart, corporate soldier.

To be fair Stan Lee is  much more than the average, Marvel Monkey Boy. He is, unequivocally the Voice of Marvel Comics. The head cheerleader. The band leader of the Mighty Marvel Marching Society. Stan Lee, in many ways, has made himself into a Marvel character as epochal as any Spider-man, Avenger or X-Men. He has done so with a silver tongue, a witty pen, relentless salesmanship, unbridled enthusiasm, and a revisionist memory that defies the continuity strangled editorial policy of Marvel itself.

Stan Lee and his relationship to Marvel is his own greatest creation and he gets paid handsomely for it. Stan’s net worth is reportedly $200 million! This staggering figure infuriates co-creators and their heirs as well as comic fans focused on creators’ rights who all argue the unfairness that Stan Lee continues to acquire great wealth while his former collaborators are rewarded zilch. Most of them can’t even get a free ticket to see a movie featuring the character they created.

Is there, however, any evidence that Stan Lee is gaining that wealth from any type of royalty paid to him for his act of co-creating those characters either? If Stan got even a fraction of a cut from all the Marvel films and associated merchandise featuring a character that he is credited as a co-creator of , that $200 million would be a drop in the bucket.

Stan gets paid for being Stan the Man. Stan gets paid for being Executive Producer. Stan gets paid for his gratuitous cameos. Stan Lee has made himself famous. He is the Kardashians of the comics world and he is making himself rich, still, at 89 years old with the same vigor he had in 1961 when the Fantastic Four first hit the stands.

So why does Stan Lee catch so much heat when the subject of creator’s rights comes up if he is probably a victim of the same corporate greed, himself?

Well, it’s his own damn fault.

While Stan was creating a marketing atmosphere that sold Marvel to it’s readers as one big happy, zany Bullpen, he took it upon himself to make stars out of his creators by giving them credits with merry monikers that were intended to stick in the minds of the legion of fans that was growing faster than even he could have imagined.

As Marvel Mania grew, Stan boasted and told all. He was very open about who he collaborated with and happily shared the details of the now famous Marvel Method of creating comics. Not only did he talk; he wrote it down in his own words so that even if his memory would one day be awry, there would be a very clear paper trail.

In 1974 Stan Lee authored Origins of Marvel Comics followed the next year by Son of Origins of Marvel Comics. The success of these two books led to The Superhero Women and Bring on the Bad Guys. These books all detailed his perspective of his creative relationships with the artists in the Bullpen especially his dependancy on his numero uno illustrator, “Jolly” Jack Kirby.

Stan seemed to do all this with an intention of elevating the appreciation of comic creators with both the public and the industry. He assesses that the writing in comics prior to the inception of the Marvel style “…left just a little bit to be desired.”

To make his point he writes:

“Who were these people who actually created and produced America’s comic books? To answer that burning question we must be aware that comics have always been a high-volume low-profit-per-unit business. Which is a polite way of saying that they never paid very much to the writers or artists. If memory serves me (and why shouldn’t it?), I think I received about fifty cents per page for the first script I wrote in those early days. Comics have always been primarily a piecework business. You got paid by the page for what you wrote. the more pages you could grind out, the more money you made. The comic book writer had to be a comic-book freak, he had to be dedicated to comics; he certainly couldn’t be in it for the money. And unlike most other forms of writing, there were no royalty payments at the end of the road… no residuals…no copyright ownership. You wrote your pages, got your check, and that was that.”

We all know that Stan Lee values credits highly and was sure to plaster his own name on every Marvel comic. Stan Lee Presents and Stan’s Soap Box were as much of the part of the Marvel experience as anything else. His famed sign-off,“Excelsior!”, still brings a giddy rush to a generation of comic book fans. In an effort to instill some added pride to the work of the comic creators in the Bullpen, Stan began putting credits of all the creators in the comics Marvel produced.

“…I’ve frequently mentioned Jolly Jack Kirby as our most ubiquitous artist-in-residence. He wasn’t christened Jolly Jack –– sometimes he wasn’t even that jolly –– but I got a kick out of giving alternative nicknames to our genial little galaxy of superstars, mostly for the purpose of enabling our readers to remember who they were. You see, prior to the emergence of Marvel Comics, the artist and writers who produced the strips, as well as the editors, art directors, and letterers, were mostly unknown to the reader, who rarely if ever saw their names in print. In order to change that image and attempt to give a bit more glamour to our hitherto unpublicized creative caliphs, I resorted to every deviceI could think of –– and the nutty nicknames seemed to work.”

Joe Rosen

And it did work! Joe Rosen, a letterer in those days said in COMICS INTERVIEW #7, “That’s why I admire Marvel. By instituting credits, they made you feel prouder of your work. And by being so successful they revamped the industry and launched so many titles that they made it possible to have a professional career.”

Stan knew that to be successful you have to make those around you successful. He did this by giving credit and creating work. Most of which went to Jack Kirby.

Throughout the Origins series and, actually, most of his career, Stan always spoke very highly of Jack Kirby and his creative contributions. Some of those very telling remarks have been posted on the Kirby Museum website in Robert Steibel’s Kirby Dynamics but I have to refer to a quote in Son of Origins where Stan Lee completely asserts Jack Kirby’s role:

“Jack was (and still is)* to superheroes what Kellog’s is to corn flakes. When such fabulous features as The Fantastic four, the Mighty Thor, and The Incredible Hulk were just a-borning, it was good ol’ Jackson with whom I huddled, harangued, and hassled until the characters were designed, the plots were delineated, and the layouts were delivered so that I could add the little dialogue balloons and captions with which I’ve spent a lifetime cluttering up the illustrations of countless long-suffering artists.”

(*This was written during a period when Jack Kirby had left Marvel and gone to DC, unhappy because he was not being paid for what he considered “writing” at Marvel according to Carmine Infantino in his autobiography The Amazing World of Carmine Infantino. Kirby no longer wanted to be “second fiddle” and even declined an opportunity to collaborate with Joe Simon for the same reason though the pair did do a single issue of Sandman together.)

Stan recognized that his greatest resource was his talent pool and, short of finding ways to give them ownership in their creations, he looked for other ways to keep them happy. Stan was even the first president of The Academy of Comic Book Arts that he started with Neal Adams. The ACBA was to be the start of a comic creator’s union of sorts but did not last long.

Stan Lee has been in the comic book business for seventy-three years, probably longer than anyone else alive. He has done more for crediting comic creators than any editor who had gone before him, revealing his greatest sin. With his eye focused on glamour and recognition he failed to affect righteous residual compensation for the efforts of Marvel’s comic creators. His compliance with the business tradition that he himself recognized as insufficient destined generations of creators to teeter on poverty while their creations reaped gold for Marvel.

The victims of this industry-wide practice blanket the entire comics landscape, some tragically. Most recently Robert L. Washington III co-author of Static which is currently owned by DC Comics died of a heart attack in abject poverty at the age of 47. His contribution to the Heroes Initiative is a heart wrenching window into the reality of too many comic creators.

Stan, we love you man, but we need you now, more than ever, to stand up for comic creators or you will be always be cursed with the blame for Marvel cheating the same creators that you personally paraded as stars. You can still make a difference. It’s time to put an end to an archaic, unjust work-for-hire practice that keeps talented people impoverished while a soulless corporation bloats over the spoils of their creative efforts.

You have stood at the helm of a company that has created heroes your entire life. Be a hero to those that depended on you the most, the ones that helped you build that fabled “House of Ideas.”

Celebrating Thirty Years of Comics History!

Gerry Giovinco

As an added Bonus here’s a link to Neal Kirby’s FATHER’S DAY tribute to his dad that ran on this site last year.

I thought it was funnier. Meatballs looms large in the memory as Bill Murray’s first big film and a laugh riot along the lines of Caddyshack. It certainly has the right pedigree as it came from director Ivan Reitman and was co-written by Harold Ramis. The film was a hit when first released in 1979 and spawned several sequels and now it is making its Blu-ray debut on Tuesday from Lionsgate Home Entertainment.

It has not aged well. The humor is mild, even for 1979, when Animal House rewrote the rules a year earlier. This PG-rated comedy features the counselors and kids at Camp North Star, a ramshackle summer camp. Despite a reporter telling us the camp charges $1000 a week, we have no idea where the money goes given the dilapidated bunks, grounds, and facilities. The kids aren’t required to wear camp uniforms and they don’t seem to be following much of a schedule.

Written by Ramis, Len Blum, Dan Goldberg, and Janis Allen, the characters aren’t well-defined archetypes or satirical portraits of the kind of people you would find at such a place. We have no clue about the kids and their backgrounds, or the counselors and counselors in training (CITs). It doesn’t appear to be a very large camp given each age range is represented by about four people each.

When I went to sleepaway camp in the early 1970s there were plenty of things to ridicule and mock and the film barely touches on any of them making it an empty and disappointing exercise that most certainly does not hold up well on repeat viewing.  Murray stars as the head counselor, Tripper Harrison, who meanders from activity to activity, with glimpses of the character that would grow up to become the star of Stripes, a far better collaboration with Ramis and Reitman a mere three years later.

There’s a sentimental storyline as he befriends Rudy Gerner (Chris Makepeace) the kid who has no friends and self-esteem issues. Of course, he goes jogging with Murray every day so when the big competition with another camp requires a marathon runner, you know who will race and who will win.  The story includes several teen crushes and romances which are more cloyingly sweet than laugh-filled raunch.

Of the No Name cast, Makepeace went on to a short-lived teen heartthrob career while Murray took the money and ran back to Saturday Night Live. The rest never aspired to much with the exception of Matt Craven, who now stars on NCIS.

The film’s grainy low-budget feel is retained in the Blu-ray transfer and doesn’t look much better on high definition. The sound is nice and Elmer Bernstein’s score is a welcome touch. Unlike the most recent DVD release, the 2007 special edition, the only bonus track we get here is the original commentary from Reitman and Goldberg. Now, if you’ve never heard this before, it’s worth a listen to understand that Murray’s participation was never confirmed until he arrived for work and an hour of sub-plots were jettisoned to make room for the Murray/Makepeace sub-plot. It was shot fast and the haphazard feel robs the film of any strength it could have possessed.

Overall, the movie itself and the Blu-ray release are remarkably disappointing.

In this space last Saturday, my dear friend and adoptive bastard son Marc Alan Fishman stated “modern comics are writing rings around previous generations. We’re in a renaissance of story structure, characterization, and depth… I’d like to think we the people might defend the quality of today’s comics as being leaps and bounds better than books of yesteryear.”

Simply put, the dear boy and my close pal and our valued ComicMix contributor is full of it.

Don’t get me wrong: there’s a hell of a lot of great writing out there today, and I agree with his opinions about most if not all of the young’un’s he cites. Today’s American comics reach a much wider range of readers. There’s also a hell of a lot more comics being published today – although those comics are being read by a much smaller audience in the aggregate – and I take no comfort in saying there’s more crap being published today as well: Sturgeon’s Law is akin to gravity. Marc’s comparison to the comics of the 1960s and 1970s is an apples-and-oranges argument: the comics of the pre-direct sales era, defining that as the point when most comics publishers virtually abandoned newsstand sales, were geared to a much younger audience. Even so, a lot of sophisticated stories squeaked through under the “Rocky and Bullwinkle” technique of writing on two levels simultaneously.

As I said, there are a lot of great writers practicing their craft today. Are they better than Carl Barks, John Broome, Jack Cole, Will Eisner, Jules Feiffer, Archie Goodwin, Walt Kelly, Harvey Kurtzman and Jim Steranko … to name but a very few (and alphabetically at that)? Did Roy Thomas, Louise Simonson and Steve Englehart serve their audience in a manner inferior to the way Jonathan Hickman, Gail Simone and Brian Bendis serve theirs today? Most certainly not.

Then again, some of the writers he cites are hardly young’un’s. Kurt Busiek has been at it since Marc was still in diapers. Grant Morrison? He started before Marc’s parents enjoyed creating his very own secret origin.

Marc goes on to state that John Ostrander and Dennis O’Neil would say that the scripts they write today are leaps and bounds better than their earlier work. I don’t know; I haven’t asked them. But I can offer my opinion. Neither John nor Denny are writing as much as they could or should today because they, like the others of their age, they are perceived as too old to address the desires of today’s audience – which, by the way, is hardly a young audience. I wonder where this attitude comes from?

But let’s look at the works of these two fine authors from those thrilling days of yesteryear. John’s Wasteland, GrimJack, Suicide Squad, and The Kents stand in line behind nothing. As for Denny, well, bandwidth limitations prohibit even a representative listing of his meritorious works, and I’ll only note Batman once. Let’s look at The Question. A great series, and he wrote that while holding down a full-time job and while sharing an office with a complete lunatic. Then there’s Green Arrow, Green Lantern, Iron Man, The Shadow… hokey smokes, I wake up each Thursday morning (in the afternoon) blessing Odin’s Bejeweled Eye-patch that Denny is writing his ComicMix column instead of spending that time doing socially respectable work.

I am proud of this medium and its continued growth – particularly as its growth had been stunted for so long. And I’m proud of my own service to this medium. But, as John of Salisbury said 953 years ago, we are like dwarfs sitting on the shoulders of giants.

And, standing on those shoulders, we swat at gnats.

THURSDAY: The Aforementioned Mr. O’Neil!

Award-winning comics writer Joe Kelly has crafted an engaging, thought-provoking, action-packed thriller in adapting his 2001 Action Comics #775 classic tale (“What’s So Funny About Truth, Justice & the American Way”) into Superman vs. the Elite, the latest DC Comics Premiere Movie.

Produced by Warner Premiere, DC Entertainment and Warner Bros. Animation, the all-new, PG-13 rated Superman vs. the Elite arrives TODAY – June 12, 2012 – from Warner Home Video as a Blu-ray™ Combo Pack and DVD, On Demand and for Download. Both the Blu-ray™ Combo Pack and DVD will include an UltraViolet™ Digital Copy.

In Superman vs. the Elite, Superman’s effectiveness as a super hero comes into question when a new group of super powerful crusaders, known as “The Elite,” appear on the scene.  As super heroes, the Elite know no bounds, and are more than willing to kill, even on a massive scale, to stop villainy — putting them on a collision course with the ever-ethical and decidedly non-lethal Man of Steel.

“What’s So Funny About Truth, Justice & the American Way” was lauded by Wizard Magazine as the “Greatest Superman Story of All Time,” and the magazine ranked the epic tale at No. 21 on its list of the “Top 100 Comics of the last 30 years.” It is arguably Kelly’s masterwork from a career of notable comics, including such titles as Deadpool, Uncanny X-Men, Action Comics and JLA.

Today, Kelly is one-fourth of the comics-oriented quartet known as Man of Action Studios. The group are superstars in the comic and TV animation/action world already as the creators/producers and writers of the megahit, Ben 10.  Their Ben 10 empire has generated over three billion dollars in sales based on their four television series and merchandising and now Joel Silver is producing a feature film adaptation of their creation.  Ben 10, arguably the most successful youth brand and superhero franchise of the last decade, has also launched two live-action TV movies and is seen in more than 168 countries and 312 million households.  Man of Action Studios also created Generator Rex, write/produce Ultimate Spider-Man on Disney XD, and they create/write/produce video games, TV shows, films, comic books, graphic novels, stage productions, etc.  Joining Kelly at Man of Action Studios, which began in 2000, are renowned writers Duncan Rouleau, Joe Casey and Steven T. Seagle.  The quartet are now in development/production on numerous TV and film projects including The Great Unknown, Kafka, Disco Destroyer and, of course, Superman vs. The Elite.  They proudly have their own Man of Action imprint at Image Comics, where they continue to flourish in the creator-owned comics world.

Kelly spoke about the creation of the film, the transition from page to screen, and his favorite scenes in a chat late last week. Here’s what the wordsmith had to say …

Question: For the uninitiated, what was the genesis for the original story of this comic?

Joe Kelly: The germ for the story really came from a very visceral reaction I had to a comic I was reading at the time – The Authority. It was a dark anti-hero comic. I really like the Authority and its characters, but there was an issue in particular that felt like it had pushed the boundaries of what makes a hero and what makes anti-hero. I found myself getting ‘fanboy mad,’ which I don’t normally get. We had an anniversary issue, and I asked Eddie (Berganza) if we could directly address those characters. I wanted Superman to take those characters on. And that became the germ for Action Comics #775.

Question: As Action Comics #775 was a single issue, how much did you need to add to the story to make it a full-length film?

Kelly: We wrote a lot of new content for the film, and it was funny looking back at the comic because I forgot how much is discussed rather than shown. There’s so much going on between the panels. So it was very exciting to get to see the action sequences that were just hinted at. I’d always seen them in my head, now I get to see them played out in animation.

Question: What was the purpose of adding the Atomic Skull to the story

Kelly: We knew we needed a villain or a character that would externalize Manchester Black’s argument against the revolving door jail policy. We wanted that parallel to be personal and easily identifiable. Originally it was the Parasite, but he’d been used in a recent previous film, so it became the Atomic Skull. And I really thought the Atomic Skull came out very cool. He worked well visually and for the story. Not having Parasite meant we lost a smidgen of the thematic approach – the Parasite really fit well in terms of his name and what he does to the people around him. But that’s just being picky.

Question: Do you have a favorite scene in Superman vs. the Elite?

Kelly: I’m especially proud of the quiet scenes. It’s very difficult to get quiet emotion in animation and to let the silence actually play on screen. But when you look at the quiet scenes in this film — Pa Kent and Clark on the porch, or Lois and Clark on the couch – those scenes really give us the chance to see Superman questioning himself with the people he trusts the most. And those scenes play beautifully in the film.

It’s like in one of my favorite scenes – just before the Elite takes over the airwaves and makes their grand announcement. I think it’s in the original, but it really came to life for me in the film. Lois and Clark are having a little debate, and he asks if she believes that criminals deserve the Elite’s sense of justice and punishment. And she says “Some days I think they do.” That’s just like a punch in the gut. It’s really an awesome scene, especially because it’s one of those moments in animation that you don’t expect. The big battle with the Atomic Skull is pretty great, too. And the finale is awesome. But I love the quiet moments.

Question: Whose sense of justice do you side with: the Elite or Superman?

Kelly: I’m definitely more in the Superman camp. There are plenty of people I get angry about, and the eye-for-an-eye mentality does flash though my head. I think it does for anybody. But at the end of the day, I do believe we need to aspire to higher ideals. Maybe I’m being naïve, and I may not be able to achieve those ideals myself, but we must make the attempt. You’ve got to try. My dad was a cop and he had very strong opinions about this stuff, but he would straddle the line. He had his days when he’d think “kill them all and let God sort them out,” but there were far more days where he believed that the law is the law, even if its broken, and we live in the best country on Earth because of those laws. So that definitely informed my weird sense of justice.

Question: Did the voices of the actors portraying these characters match the voices in your head while writing the film?

Kelly: The voice acting is so good in this film. Robin (Atkin Downes) is such a good Manchester. He’s got all the snark and all the personality, and his line deliveries are so spot on for that guy. It’s funny because everybody says the same thing: you can’t do an actual Manchester accent and expect to be understood, but Robin’s modified Mancunian accent is awesome. And understandable. The rest of the Elite’s voices are perfect: Menagerie is scary and sexy; Coldcast wears his “angry man” on his sleeve; and everyone giggles when The Hat comes on. I can’t say enough about George (Newbern) – I had heard his acting before, and he does such a great Superman. It’s terrific to see George portray the range of emotion he gets to do in this story. And Pauley (Perrette) so knocked it out of the park – I was immediately in love with Lois. Pauley gets all the smarts of the character. The two of them as a partnership really comes across, which is critical to the story. Lois keeps Clark grounded, and she’s literally the only one that can tug on Superman’s cape. Lois can bust his chops, and that comes through in Pauley’s voice. She’s terrific in the quiet moments, as well. Pauley sells it all so, so well.

Question: Are there other stories you’ve written as comics that you could see adapting to animation?

Kelly: In the DC realm, I’m very proud of Justice League Elite because the characters that pick up from this story are darker and very layered. It’s all about how messy you can get before you become a monster. I love that theme. If we could ever pull off Justice League Obsidian Age, that would be amazing – it’s just an insane, gigantic epic, and to see those characters animated would be incredible.