Why The Russos Are The Best Thing to Happen to the MCU Since Joss Whedon
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.
Continue Reading »
The husband-and-wife team of Fred Van Lente and Crystal Skillman have launched a Kickstarter campaign to help fund King Kirby, a play about the life of legendary comics creator Jack Kirby. Characterized as “a real-life Adventures of Kavalier & Klay,” the production is set to be staged at Brooklyn’s Brick Theater as part of the Comic Book Theater Festival on June 20, the day the campaign ends.
“King Kirby has been a long-term passion project of mine,” Van Lente, known for his work on such comics as Action Philosophers, Archer & Armstrong and The Incredible Hercules, said in a statement. “With Crystal’s help, it’s down on paper. Now, with your help, we’ll bring this crucial piece of comics history to life on stage.”
The U.S. Supreme Court will debate in a private conference on May 15 whether to weigh in on the five-year copyright battle between Jack Kirby’s heirs and Marvel/Disney, Deadline reports.
The odds are against the artist’s children, as the Supreme Court receives about 10,000 petitions each year, but hears oral arguments in only about 75 to 80 of those cases. However, if the Justices decide to take up the case, oral argument will be scheduled later this month for the court’s next session.
The Kirby family filed a petition with the high court on March 21 arguing “it is beyond dispute” that the artist’s Marvel output between 1959 and 1963 was not produced as “work for hire” and, therefore, is subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim rights transferred before 1978.
That appeal followed an August decision by the Second Circuit upholding a 2011 ruling that Kirby’s Marvel works were indeed made at the publisher’s “instance and expense” and, therefore, fell under “work for hire.” As such, the courts found, the 45 copyright-termination notices the artist’s heirs filed in 2009 for such characters as the Avengers, the X-Men, the Fantastic Four and the Incredible Hulk were invalid.
Digital comics | In today’s Amazon-acquires-comiXology article, Rachel Edidin deflates much of the hype, and the panic, surrounding the deal, pointing out that comics distribution is already a monopoly, large corporations already run the comics market, and comics have been available on Kindle all along: “Is the concern […] a distribution monopoly? If so, the direct market is in no position to criticize: over the last 15 years, Diamond Comics Distributors has consumed almost all independent print distribution in comics, and dictates practices and policy to retailers and publishers alike. The idea that print comics are somehow more independent than their digital cousins — or a scrappy underdog fighting the good fight against evil corporate profiteers — is frankly ridiculous.” [Wired]
Awards | Michael Cavna talks with Kevin Siers of the Charlotte Observer about winning the Pulitzer Prize in cartooning. [Comic Riffs]
Claiming an appeals court “unconstitutionally appropriated” Jack Kirby’s copyrights and gave them to Marvel, the late artist’s heirs have taken their fight with the comics publisher to the U.S. Supreme Court.
In a petition filed March 21, and first reported by Law 360, Kirby’s children argue “it is beyond dispute” that the artist’s Marvel work between 1959 and 1963 was not produced as “work for hire” and, therefore, is subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim copyrights transferred before 1978.
The appeal follows an August decision by the Second Circuit upholding a 2011 ruling that Kirby’s Marvel works were indeed made at the “instance and expense” — that term plays a significant role in the heirs’ petition — with the publisher assigning and approving projects and paying a page rate; in short, they were “work for hire.” As such, the courts found, the 45 copyright-termination notices the artist’s heirs filed in 2009 for such characters as the Avengers, the X-Men, the Fantastic Four and the Hulk were invalid.
Crime | Police in St. Charles, Missouri, have arrested 24-year-old Adam Radigan and charged him in the Monday-morning robbery of a comic store employee. The robbery occurred in the parking lot as the employee walked out of the Fantasy Shop with a bank bag that contained $26 in coins. The suspect allegedly indicated he had a gun and demanded the bag; after the employee handed it over, fled on foot. Nearby schools were briefly locked down after the incident. [The St. Louis Post-Dispatch, KDSK]
Comics | “Seattle and the Northwest have carved a lasting niche in the comics world by applying the same traits to cartoons that we apply to music — lo-fi, provocative and introspective. Our comics are often funny as in peculiar, not necessarily funny as in laugh-out-loud, our heroes bumbling rather than swashbuckling”: Tyrone Beason looks at Seattle’s thriving alt-comics scene, and talks with Peter Bagge, Ellen Forney, Tom Van Deusen and the organizers of the Short Run Comix and Arts Festival. [The Seattle Times]
Aw yeah! In my household, the best news from DC’s June solicitations is the six-issue Tiny Titans: Return to the Treehouse miniseries. I showed the cover to my 5-year-old and she was crestfallen to learn it didn’t come out for another three months. At least she can fill the time reading the other paperbacks (and Superman Family Adventures) and watching Frozen on an endless loop.
I may also have to get the Li’l Gotham figures, although at $13 a pop they are pretty pricey. Perhaps just Batman and Robin.
Oh, there’s more? What could it be …?
LET’S GO PLACES
The solicitation for Futures End #6 — advertising Ray Palmer, Frankenstein and Amethyst’s trip into the Phantom Zone — makes me irrationally optimistic about the series generally. I think the New 52 needs this series (or something like it) to present a coherent shared universe, because for the past two and a half years it’s been a clash of disparate styles and an array of changes without much to pull it all together. If Futures End can manage a good-sized, eclectic cast, and convince readers they’re all able to function in the same basic environment, that’ll go a long way towards giving the superhero books common ground.