keyleedaud (REAL ESTATE)

I'm sure some of you have your eyes glaze over every time I bring up Jack Kirby or copyright. However, I keep mentioning it as intellectual property, more than factories or natural resources, has become one of the most valuable assets in the world today. The decision against the Kirby estate in its attempt to recover copyrights on many of the Marvel characters is a warning to anyone who creates for a living. At the Center for Cartoon Studies, a graduate school program in comics located in Vermont, Stephen R. Bissette, cartoonist, publisher and creator rights advocate, discussed the Kirby decision with lawyer Oliver Goodenough, a professor at the Vermont Law School. The audio runs an hour and covers issues like nepotism, work-for-hire, risk, ethics and the history of employer-employee relations in the comic book field. I recommend it highly.

August 28 would have been Jack Kirby's 94th birthday. Mark Evanier, who worked with Kirby, has his birthday tribute here , including an embedded documentary on Kirby made for the DVD release of one of the Fantastic Four movies. Tom Spurgeon prints a great gallery of Kirby artwork and Mark Seifert has a gallery of Kirby originals to enjoy. I wish that we could be celebrating the success of the Kirby estate's attempt to recover copyrights, but the recent court decision that went against the Kirby estate is now being appealed. Perhaps there will be better news for Kirby's next birthday.

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 decea...

Two comics, two creators, two different outcomes. A couple of things popped up this week which show, by contrast, the benefits of ownership. Jeff Smith is a former animator who is the creator of Bone and RASL . Bone began in the '90s as a self-published comic book distributed to comics shops. Since then, Smith has collected the comics in a series of graphic novels and a one volume edition. Scholastic Books reprinted the series in colour and later this year, there will be a one volume colour edition. Smith had a movie deal with Nickelodeon for Bone , but Nickelodeon dragged things out Smith and Nickelodeon parted company. Later, Smith made a deal for Bone with Warner Bros. The experience with Nickelodeon made Smith more demanding, and Warner Bros. agreed to his terms. Now, Smith's latest comics series RASL has also been sold to Hollywood . The week, the depositions in the copyright termination case brought by the Jack Kirby estate against Marvel were made public . The ...

Jack Kirby (left) and Jerry Siegel. Both of their estates are in litigation to recover the copyrights to the comic book characters they created. The comic book business is not the animation business, but both depend on the work of artists whose legal relationship to their creations is often misunderstood or ambiguous. Paul Slade has written a long article on the legal challenges that comics creators have launched against their employers in an attempt to regain ownership of their creations. It brings to mind the quote attributed to Balzac, "Behind every great fortune there is a great crime." (link via Journalista . Image via Booksteve's Library .)

Rich Johnston , Nikki Finke and the N.Y. Times are reporting that the estate of Jack Kirby has filed for termination of copyright on the characters he co-created for Marvel Comics. Will this have an impact on Disney's intended purchase of Marvel? There is no single person in the history of comic books who created more successful characters than Jack Kirby. There is no one in the history of comic books who received less of his rightful financial due than Kirby. I have no idea how this will play out, but I hope that the Kirby estate realizes millions from this. I'm only sorry that Kirby himself isn't alive to benefit from it.