Kirby Estate Loses Copyright Battle

I am sure that this judgment will be appealed, but a Federal court has ruled that the work Jack Kirby did for Marvel was "work-for-hire." This is despite the fact that the legal term was not part of the copyright law at the time Kirby co-created characters such as The Fantastic Four, The Hulk, The Silver Surfer, Thor, etc.

Here's the Associated Press story and here is Deadline Hollywood's.

While I am sure that there is a celebration occurring in the Disney and Marvel boardrooms as a result of this ruling, it's a questionable victory. When the artists at Marvel realized that the company was not going to compensate them beyond paying them by the page, they simply stopped creating new characters. Image Comics exists because a group of artists realized they would never be fairly compensated for their work at Marvel and so they formed their own company. Marvel's treatment of their artists has been consistently bad. See this article on the recently deceased Gene Colan.

Corporate copyright is strangling creativity, not promoting it.

Kirby's case and the ongoing litigation regarding the Superman copyright are just more evidence that anyone who creates something without securing ownership is a chump. It's one thing to be hired onto an ongoing project or series to make a contribution, but quite another to originate an idea and only be paid a regular salary or a flat price.

Stop giving your ideas to corporations. Own them and control them. Or else there will be more Jack Kirbys, Jerry Siegels, Joe Shusters, and Gene Colans ad infinitum.

Why in hell should stockholders and executives who weren't born when the work was created be profiting from it when the people who created it and their heirs get nothing?

(For my earlier take on the benefits of ownership, go here. For Heidi MacDonald, a comics news columnist, on the Kirby decision go here. It's worth quoting her conclusion: "Don’t ever create characters for work for hire, no matter how much “back end” you’re promised. In this day and age there is NO excuse for giving up your creations. We may never see another Jack Kirby among us, but let his lessons stand, both the triumphs and the sadness." )

Comments

Post a Comment

Popular posts from this blog

Dumbo Part 11

Image
How many elephants in a pyramid? In shot 1, there are eight elephants standing around the ringmaster. In shot 4, there are seven around the ringmaster. In shot 23, the pyramid consists of six elephants. In shot 40.1, there are eight elephants in the pyramid. In shot 41.1, there are seven, as there are in shot 51.1. All of this takes place before they trip over Dumbo and scatter, so the number should be consistent. Hugh Fraser does excellent work in this sequence. He manages to capture the drawing and the personalities of the elephants in a manner consistent with Bill Tytla's work. He does that while dealing with multiple characters whose weight must be animated believably or the sequence loses its effectiveness. Shot 10.2. gets even more complicated with one of the elephants being swung towards and away from the camera, adding a size change to the rest of the difficulties. While Fraser has Tytla's work as a template, the animation challenges here are possibly great...
Read more

What Does A HOME, Mean To You?

By  Richard Brody   Most of us, have heard, the expression, A house, is not, a home, but, we often, pay far too little attention, to that, before we commit to purchasing a particular house. Wouldn't it make sense, if, we spent, a little more time, and effort, considering, what would make us, consider it, to be, a HOME, and what emotional, family, and personal considerations, and necessities, might differentiate between, simply living in some house, and truly, making it, a home, of our own? With that in mind, this article will attempt to briefly, review, consider, and discuss, using the mnemonic approach, some of the key components, involved, etc. 1. Human; humane; heart; heals; houses: A key difference, to consider, in advance, is beginning the process, by delving deeply, into our personal needs, etc, realistically, and based on our real, human priorities, including, whether, it will fulfill some of our humane - needs, such as how it might, address, family needs and consid...
Read more

Dumbo Part 7

Image
Once again, the principle of contrast is front and center here. The first half of the sequence is relaxed and heartwarming while the later half is tense and frightening. The bath section is really a musical sequence, though there are no lyrics. The animation has been tied tightly to the beat and melody of the music. Certainly that was a specialty of sequence director Wilfred Jackson. Animator Bill Tytla, himself the parent of a young son at the time, perfectly captures how a parent and child tease each other and play games, both secure in their loving relationship. One thing that makes their relationship obvious to the audience is the use of touch. Touch is a powerful way of communicating in life and on film. A caress, a pat on the back or a punch in the nose all communicate clearly. Mrs. Jumbo's trunk is there to wash her child, lift her child or caress it. Dumbo pulls on his mother's tail. The willing physical connection between the two makes their feelings for each ...
Read more