EXCLUSIVE: "Gargoyles" Co-Creator & "Archer" Artist Launch Marvel's "Starbrand & Nightmask"
Law.com has an interesting follow-up to the surprise settlement last week in the five-year-old legal battle between Marvel and Jack Kirby’s heirs, noting that the larger copyright issue at its center remain unresolved.
The children of the legendary artist filed 45 copyright-termination notices in September 2009, seeking to reclaim what they saw as their father’s stake in such Marvel characters as the Avengers, the X-Men, the Fantastic Four and the Incredible Hulk. Marvel, joined by its then-new parent company Disney, responded with a lawsuit, setting the dispute down a path that ultimately saw the Second Circuit Court of Appeals affirm Kirby’s contributions to the publisher between 1959 and 1963 were “work for hire,” and therefore not subject to copyright termination.
Under a clause in the 1976 U.S. Copyright Act, which extended the duration of copyright, authors or their heirs can reclaim rights transferred before 1978 after a period of 56 years. However, if a work is determined to be “for hire,” meaning it was created by an employee as part of his employment or specially commissioned as part of a larger work, then the publisher (or movie studio, record label, etc.) owns the copyright, and it is not subject to termination.
He’s gathered a Murderers’ Row of great contributors and collaborators to tell the life’s stories of 16 cartoonists, in the most obvious format to do so — comics, of course.
But what, exactly, constitutes a cartoonist? Some of those included might have worked at one point in the field, but made their greatest marks in other areas: people like Walt Disney, Theodor “Dr. Seuss” Geisel and Hugh Hefner (whose inclusion will likely be the biggest surprise to more readers; and, make no mistake, the book is made as much for the casual reader as the expert, armchair or otherwise). Others you might not think of as cartoonists at all, like Edward Gorey or Al Hirschfeld.
And changing the world — the whole world?! — is a pretty bold claim, certainly bolder than changing, say, a genre, or a medium or an industry. Certainly Disney and Osamu Tezuka qualify, as do Jerry Siegel and Joe Shuster, who introduced the superhero as we know it, and Jack Kirby, who reimagined the superhero, made countless contributions to the form and who created or co-created characters and concepts that today make billions of dollars.
But what about Harvey Kurtzman, Robert Crumb and the aforementioned Hirschfeld? Are their influences and innovations on equal footing?
In what other medium can a someone get an original work of art made just for them by a creator whose career they’ve followed? Not movies, television, music or fine art, unless you’re a millionaire. But in comics, many of today’s artists are for hire to fans looking to own a piece of their work — and even commission something especially for them. Comics are crazy that way, but that’s a good thing.
It’s nothing new, of course. The idea itself goes back into the roots of fine art, but with the advent of conventions and now the internet it’s available to virtually everyone — with some creators even reaching out to fans to make it happen.
Following the launch of the third annual Kirby4 Heroes campaign, The Hero Initiative has announced of the “Wake Up and Draw” and in-store events planned for Aug. 28 in celebration of Jack Kirby’s 97th birthday.
The nonprofit organization, dedicated to providing a financial assistance to creators in need, has recruited more than 40 artists to “Wake Up and Draw,” with their drawings featured in a special gallery at ComicArtFans.com; they’ll be auctioned later on eBay, with proceeds benefiting The Hero Initiative. Follow #WakeUpAndDraw on Twitter and Instagram on Aug. 28 to see the drawings as they’re posted.
Phil Hester has set out to do a staggering 97 drawings for Kirby’s birthday, which you’ll be able to check out on his Twitter stream. He’ll also have details on where you can purchase the drawings.With Fan Expo Canada kicking off Aug. 28 in Toronto, artists including Kaare Andrews, Greg Land, Joe Prado, Ty Templeton, Jill Thompson, Richard Zajac and more will “Wake Up and Draw” with The Hero Initiative, while in San Francisco, Paolo Rivera will appear at the Cartoon Museum.
For a rundown of in-store appearances, art auctions and retailers who have agreed to donate a portion of sales on Aug. 28 to the organization, visit The Hero Initiative and the Kirby4Heroes Facebook page.
To help celebrate what would’ve been Jack Kirby’s 98th birthday, Shmaltz Brewery in Clifton Park, New York, will debut a limited-edition King Kirby Ale as part of an Aug. 28 fundraiser to benefit The Hero Initiative. A limited number of cases will be available for purchase at the event.
Approached by local artists about holding an event, the brewery went a step further and created the exclusive ale (available as both pale and dark), which features a label designed by Paul Harding. “I tried to capture Kirby from an angle that few have seen before,” the Clifton Park artist said in a statement, “in a way that people can actually look up to him and get a sense of his artistic power.”
The Jack Kirby Museum & Research Center denies the allegation it stole more than 3,000 photocopies of the legendary artist’s pencil work, insisting they were donated by illustrator Greg Theakston, not loaned.
“After examining the evidence of the interaction between the two parties, we are confident the Museum has done no wrong,” the organization’s board of trustees said in a statement posted Monday.
A pop-culture historian and a friend of Jack and Roz Kirby, Theakston announced last week that he intended to file a stolen-goods report against the museum regarding the Xerox archives given to him by the Kirbys. Theakston, maintains he allowed museum trustee Randy Hoppe to borrow those copies with the understanding that “I would want them back someday.”
Jack Kirby’s granddaughter Jillian has kicked off the third annual Kirby4Heroes campaign to help creators in need.
On Aug. 28, what would’ve been the legendary artist’s 97th birthday, comics stores across the country will donate a portion of that day’s sales to The Hero Initiative, a nonprofit organization dedicated to providing a financial assistance to creators. (An in-progress list of participating stores can be found on the Kirby4Heroes Facebook page.)
Legal | Attorney Tom Goldstein, co-founder of the respected SCOTUSblog, has joined with Marc Toberoff to represent the heirs of Jack Kirby in their appeal to the U.S. Supreme Court of the Second Circuit’s affirmation that the artist’s contributions to Marvel between 1958 and 1963 were work for hire and therefore not subject to copyright termination. In a response filed this week to Marvel’s brief urging the high court to decline review, Goldstein and Toberoff again challenge the Second Circuit’s “instance and expense” test and its definition of “employer,” and argue, “Many of our most celebrated literary and musical works were created before 1978 and signed away to publishers in un-remunerative transactions. Termination rights were ‘needed because of the unequal bargaining position of authors.’ It would be hard to find a better example of this than the prolific Jack Kirby, who worked in his basement with no contract, no financial security and no employment benefits, but without whom Marvel might not even be in business today.” [Hollyqood, Esq.]
Retailing | Memo to politicians: You don’t win friends and influence people by taking up five spots in a comic store’s parking lot with your campaign bus on a Wednesday — especially when it’s Batman Day. [The Clarion-Ledger]
Marvel has urged the U.S. Supreme Court not to review a petition from the heirs of Jack Kirby in a copyright-termination dispute that could have implications beyond comics, extending into film, music and publishing.
In papers filed Monday with the high court, and first reported by Deadline, Marvel insists the case doesn’t “remotely merit” review, as, “It implicates no circuit split, no judicial taking, no due process violation, and no grave matter of separation of powers.”
Kirby’s heirs have argued, so far unsuccessfully, that the legendary artist’s contributions to the publisher between 1958 to 1963 — among them, the X-Men, the Avengers, the Fantastic Four and the Incredible Hulk — weren’t produced as “work for hire” and, therefore, are subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim rights transferred before 1978. Marvel and Disney dispute that claim, saying Kirby’s output was indeed work for hire, a position supported in 2011 by a federal judge and last year by the Second Circuit Court of Appeals.
Comic strips | The art from cartoonist Bill Watterson’s surprise return to the comics page earlier this month for a three-day stint on Pearls Before Swine will be auctioned Aug. 8 on behalf of Team Cul de Sac, the charity founded by Chris Sparks to honor Cul de Sac creator Richard Thompson, who has Parkinson’s disease. The proceeds benefiting The Michael J. Fox Foundation for Parkinson’s Research. A painting by Watterson of one of Thompson’s characters sold in 2012 for $13,000 as part of a benefit auction for Team Cul de Sac. [Team Cul de Sac]
Creators | The tech news site Pando has fired cartoonist Ted Rall, just a month after hiring him, along with journalist David Sirota. While Rall wouldn’t comment on the reason for his dismissal, he did say the news came “really truly out of a clear blue sky. I literally never got anything but A++ reviews,” and he added that editor Paul Carr gave him complete editorial freedom. While Valleywag writer Nitasha Tiku speculates that the two had rubbed investors the wrong way, Carr disputes that, as well as other assertions in the article. Nonetheless, both Rall and Sirota confirmed they were let go. [Valleywag]
Three organizations representing Hollywood actors, directors and screenwriters have thrown their weight behind an effort to convince the U.S. Supreme Court to hear an appeal by the heirs of Jack Kirby that could have ramifications far beyond Marvel and the comics industry.
The case, as most readers know by now, involves the copyrights to the Avengers, the X-Men, the Fantastic Four, Thor and other characters created or co-created by Kirby during his time at Marvel in the 1960s. The artist’s children filed 45 copyright-termination notices in September 2009, seeking to reclaim what they believe to his stake in the properties under the terms of the U.S. Copyright Act. Marvel responded with a lawsuit, which led to a 2011 ruling that Kirby’s 1960s creations were work for hire and therefore not subject to copyright reclamation. The Second Circuit Court of Appeals upheld the decision in August 2013, which brings us to the Kirby family’s petition to the Supreme Court.
According to The Hollywood Reporter, the Screen Actors Guild-Federation of Television and Radio Artists, the Directors Guild of America and the Writers Guild of America have filed an amicus (“friend of the court”) brief that insists the Second Circuit’s ruling “jeopardizes the statutory termination rights that many Guild members may possess in works they created.”
In an interesting analysis, Eriq Gardner of The Hollywood Reporter sees signs the U.S. Supreme Court might consider the five-year dispute between Jack Kirby’s heirs and Marvel over the copyrights to many of the company’s most popular characters.
The Second Circuit Court of Appeals in August upheld a 2011 ruling that Kirby’s Marvel creation in the 1960s were work for hire, and therefore not subject to copyright reclamation by his children. (They had filed 45 copyright-termination notices in September 2009, seeking to reclaim what they saw as their father’s stake in such characters as the Avengers, the X-Men, the Fantastic Four and the Incredible Hulk; Marvel fired back with a lawsuit.) In their March petition to the Supreme Court, the Kirby heirs took aim at the Second Circuit’s “instance and expense” test, arguing that it “invariably finds that the pre-1978 work of an independent contractor is ‘work for hire’ under the 1909 Act.”
Gardner points out the the justices discussed the petition at a May conference, and then requested that Marvel respond (the company initially didn’t file a response). Those p0tential portents were followed by a pair of friend-of-the-court briefs: one filed by Bruce Lehman, former director of the U.S. Patent and Trademark Office, on behalf of himself, former U.S. Register of Copyrights Ralph Oman, the Artists Rights Society and others, and the other by attorney Steven Smyrski on behalf of longtime Kirby friend Mark Evanier, Kirby historian John Morrow and the PEN Center USA.
Crime | A successful weekend at Denver Comic Con turned sour for Zac and Mindy Conley, the owners of The Hall of Justice art gallery, after a thief stole a cash box containing their proceeds from the show, about $1,000, and some special orders for Mindy Conley’s artwork, which would have earned the couple another $1,500. The Conleys say they were planning to use the money for rent for their home and studio and the payment for their booth at next year’s Denver Comic Con. “We’ve been fighting to turn this place into some really cool. And every month we’re wondering if we’re going to survive,” Zac said. However, friends are rallying around: Illustrator Drew Litton, who will be showing his work at the gallery next month, will donate a portion of the proceeds to the Conleys, and gifts are also coming in through their Facebook page. [The Denver Post]
Hello and welcome to Shelf Porn, our weekly trip into the houses and hallways of fans around the world. Today’s collection of goodies comes from Pennsylvania’s Mark Stong, who shows us his “Danger Room” filled with autographed statues, props and more.
If you’d like to see your stuff right here on Robot 6, you can find details on how to submit it at the end of this post.
Now let’s turns things over to Mark …
As with many Jack Kirby creations, we could spend a long time on the Forever People. I’m not a Kirby scholar, although naturally I’ve tried to learn more about what the King wanted his characters to be. In that respect, the end of the original Forever People series was somewhat ironic: Kirby closed out Forever People Vol. 1 #11 (October-November 1972) with the group stranded on the distant planet Adon, far away both from Earth and from the ongoing conflict between New Genesis and Apokolips. Indeed, “stranded on Adon” was still their status when the big Who’s Who encyclopedia came out in 1985-86.
Not surprisingly, since then DC has revived the Peeps (if I may call them that) a handful of times. The latest is this week’s Infinity Man and the Forever People, which switches things up a little by giving top billing to the mysterious being who can trade places with his young allies. When DC announced that Dan DiDio and Keith Giffen were writing and drawing, I was skeptical, but willing to give it a chance.
In fact, it’s not a bad first issue. It introduces most of the cast (except for one headliner), it lays out a good bit of the New 52’s New Genesis setup, and while it occasionally seems a bit “edgy for its own sake,” generally it keeps to the spirit of the original. One character even says “without [Kirby], none of this would be possible.” That’s pretty on the nose, but appreciated.
Regardless, the new Forever People has a lot to live up to.
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