Posts Tagged ‘Gerry Conway’

Gerry Conway Owes No Apologies

Tuesday, May 26th, 2015

Gerry Conway has been a busy man over the last couple of years. He has attempted to raise the bar regarding creator rights, just a little bit, through his blog posts, first with his comments regarding Comics Equity Project and then with his recent statements regarding DC Comic’s use of the term derivativeaccording to apparently avoid making equity payments to creators.

After being contacted by the DC brass Gerry seems to have changed his opinion of their intent and has issued an apology to Geoff Johns, Dan DiDio, Jim Lee and Larry Ganem.

Gerry has nothing to apologize about! The thing that Mr. Conway needs to realize is that he has been conditioned over the last several decades of his involvement in the comic industry, as has every other creator that has worked for either DC or Marvel, to either expect or at least anticipate the type of treatment he felt he was experiencing regarding the finances of his work.  That is not his fault!

It is nice that the folks at the top of DC have stepped forward and took the time to explain to Gerry how they really didn’t intend to screw with his royalty payments and their plan is to support the creators but history is not exactly in their corner.

The list of comic creators that have been commercially violated by publishers in this industry is extensive and should give pause to any creator entering into a publishing agreement with any publisher, especially the big ones that still rely on the sensibilities of “work for hire” as their business model that really needs to change.

To be fair this is not just a problem in the comics industry. Artists in general have been abused of for centuries and have learned to develop a thick skin about their value or expect to be taken advantage of. Gerry, like any other creator, is a product of that system. He has been conditioned to protect himself from unscrupulous publishing practices and sometimes that requires harsh measures.

Like an animal in a cage that has been poked, prodded and too often mistreated, creators naturally develop a sense of distrust as a vital defense mechanim. Can you blame them when they occasionally bite the hand that feeds them?

It is the responsibility of both parties in a professional relationship to exhibit  respect or expect to be bitten.

Gerry has managed to maintain his famous moniker “Gentleman Gerry Conway” through it all, always managing to maintain a politely professional and objective position while exposing the facts as clearly as possible based on his personal understanding of the matter.

Because of his tactical approach and his self deprecating “minor icon” status in the industry he has made a difference that has benefited many creators who were either unaware or unable to identify the injustice or act on it. For that alone, he owes no apologies.

If the intent of the ranking officers at DC was in fact as honorable as they explained to Mr. Conway,  they need to address the changes immediately and owe him the apology for their error. They also owe him a special note of thanks for bringing their attention to what was clearly a raw deal.

Gerry Giovinco

Comic Creators – It is Time to Change the Business Model

Tuesday, May 12th, 2015

So, last week in my blog post The DC Comics Double-Cross I wrote about Gerry Conway’s post regarding DC’s policy about “derivative” characters and how they are using it to avoid equity payments to creators.

I usually have a lot to say about issues that involve creators rights but I do not have the clout that Neal Adams does nor his long history as an advocate.

Adam’s, who led the charge in support of Superman creator’s Jerry Siegel and Joe Shuster back in the 1970’s, was quick to publicly back Conway with his own take on the subject and a warning to creators about reading contracts. His response is an important read that can be found in this Bleeding Cool post by Rich Johnston: Neal Adams Talks Gerry Conway, DC Comics And Who Owns What?

In the post Adams refers to the relationship that book publishers have with creators and how it differs from the type of relationship that Marvel and DC have had with creators for way too long. It is this difference that needs to be examined more closely.

Marvel and DC are two of the oldest comics publishing houses each having been publishing for over 75 years. Back in the late 1930’s when comic books began to grow as a viable industry, comics which sold millions of copies at the low price of 10¢ were considered a high-volume, low-yield product that relied more on ad sales based on circulation to generate income than actual unit sales. They were more concerned with paying sales commissions to the ad salesmen than they were to paying royalties to creators. Content along with its copyright was bought from creators and treated as “work for hire” which meant that the Publisher owned the work lock, stock, and barrel. The publishers, who now held the copyright were considered the “Author” and enjoyed the benefit of royalties as other mediums like film, radio and television began to license the characters as they grew in popularity. The actual creators of those characters saw nothing because they had signed away their legal rights or assumed they had none because of the conditions of work for hire. This, with few exceptions, remains the general practice of Marvel ad DC to this day.

Most book publishers have a distinctly different relationship with creators. A creator owns the copyright of their work. They enter into a contract with a publisher that grants the publisher exclusive rights to publish the work for an established duration in return for a royalty payment based on a percentage of the cover price of each book sold. The agreement usually puts the publisher in charge of marketing the work to other mediums and foreign publishers. There is usually also an exit clause that will allow the two parties to terminate their relationship if either party does not fulfill their obligations.The creator is the author and owner of the copyright and generally shares in all the profits made from the licenses of the work. The publisher is the contracted caretaker. This post, Book Advances and Royalties,  does a good job describing how this relationship works.

As the comics industry grew and characters began to generate obscene amounts of money for the publishers, creators realized that they had been duped. To make matters worse, comic creators who were content to “work for hire” anticipating a life-long, secure career were finding that they were often tossed to the side in favor of the next, hot talent. Older and unemployed these creators watch as their work continues to make tons of money for the publisher while the creator faces poverty with no benefits.

This is  a business model that has to change. Comic books are no longer a high volume low yield industry. Marvel and DC have adapted to change regarding distribution, production and marketing of the IP. It is time they change their relationship with creators to one that is fair.

Independent comics publishers have adapted to a model more similar to book publishers and creators are enjoying the benefits of profiting from their works as they are developed into other media. It is a model that can and does work for comics.

It is a wonder why creators continue to work for Marvel and DC when they could better control their destiny elsewhere.

Whenever I see young talent working for the big two I can’t help but compare them to teenage smokers. There is too much information out there that proves smoking is bad for you, why if you have half a brain, would you risk your life to cancer for that cheap thrill? I expect they think it is just a phase, something they can kick, until they are caught in the vicious cycle.

Young comic creators have a choice. Say no to work for hire. Create unique work and own it.  Enjoy the success of your creations instead of watching others profit from your work while you are tossed aside like yesterdays news. If no one will work for publishers like Marvel and DC they will have no choice but to change their relationships with creators. Until then it will be business as usual.

Gerry Giovinco

The DC Comics Double-Cross

Tuesday, May 5th, 2015

If you have any interest at all in creator rights in the comic book industry or even just an appreciation for how big business finds new ways to screw over the little guy then this diatribe by legendary comic book writer Gerry Conway is a must read!

Who created Caitlin Snow on #TheFlash? According to @DCComics, nobody.

To briefly summarize it Gerry outlines how, at one time, DC under the guidance  of publisher Paul Levitz initiated a program called “creator equity participation” which allowed for creators to be compensated when their characters were used in other media. This was viewed a small victory in the long battle for creator rights that is as old as the industry.

In recent years since Paul Levitz has left DC and Diane Nelson has taken over as President of DC Entertainment, this program has been bastardized, first by defining some characters as “derivative” thus no longer deserving of remuneration and then by requiring that creators assume the responsibility of asking in advance for equity request contracts as DC will not pay retroactively if the papers are not filed. Gerry described this circle-jerk when he reached out for fan support with his institution of the Comics Equity Project.

Now DC has revealed new technique for double-crossing its creators. It’s called the reboot. Like the New 52? Enjoying Convergence? Isn’t it interesting how the characters origins, costumes identities and relationships all subtly or sometimes dramatically change? DC will tell you they are just trying to update characters to reflect the interests of the current market but in reality they are actively blurring the line to guarantee that all iterations of a character can be considered “derivative.”

Caitlin Snow, Jason Todd (Robin), Power Girl, Superboy & Barry Allen

According to Conway some characters can now have nobody attributed to their creation and he sites Caitlin Snow, Jason Todd, Power Girl, Superboy and Barry Allen as just a few examples!

I always expected that reboots like the New 52 were devised as an opportunity to distance the aging iconic characters from impending copyright revision suits or exposure to public domain but never did I imagine that reboots were so nefarious that they would so aggressively undermine all of the accomplishments of the creators rights movement simply to avoid paying  miniscule royalties on generally peripheral characters.

How bad is it when a company like Time Warner, who’s first quarter revenue this year was just reported as $7.1 billion, has to nickel-and-dime lowly comic creators with unkept promises? CEO, Jeff Bewkes clears a modest $32 million annually so I guess there is just not enough cash to trickle down to the bottom-feeding comic book pros.

I wonder if Diane Nelson is wearing any Prada these days?

And what about DC Co-Publisher Jim Lee? Didn’t he co-found Image, one of the most successful independent comics publishing houses, that has long been the bastion creator rights? I guess he has gone to the Dark Cide.

This type of reaming is not unique to the comic book industry. It is just another example of big businesses taking advantage of those that built them. It is a crass manipulation of an economic system that deprives workers of decent salaries, benefits, 401K plans, pensions, and just a plain-old, reasonable standard of living while continually filling the growing coffers of the already wealthy.

We like to think that our favorite superheroes instill in us a sense of justice and morality but it is getting much harder to look at that “S” on Superman’s chest and see “a symbol of hope” when it is clear that it is really a Kryptonian dollar sign for big bucks intended for a limited few.

Gerry Giovinco

Who Cares that Comic Creators Get Credit?

Tuesday, March 31st, 2015

As comic characters continue to roll out of the pages of comic books and into other forms of media, especially television and film, we are discovering a greater interest in who created what. This piqued curiosity is surely the bi-product of heated battles that were fought on behalf of Superman creators Jerry Siegel and Joe Shuster as well as the recent settlement regarding the characters created or co-created by Jack Kirby for Marvel.

It is a sad fact of comic book history that creators have most often been taken advantage of by the publishing houses that retain the rights to characters that they created. Many had long careers but were only rewarded by meager, hard earned page rates. They saw no royalties or benefits and in the early years little, if any, credit for their work. Most never even saw the return of their original art. Too many have passed on or continue to live in obscurity, without healthcare and certainly no compensation from their creations which have spawned a multi-billion dollar industry.

To be fair, some progress has been made, and in recent years attentive creators and their families have been able to establish some undisclosed agreements that have satisfied both sides. These accounts, however,  are few and far between.

The foremost concern for many creators is not money but rather an acknowledgment of their creative contribution in the form of credit on the screen. This has been demonstrated most recently by a Facebook post from the daughter of the late illustrator, Al Plastino, the co-creator of Supergirl a character that will soon be the focus of a new television series.

She writes:

“Facebook friends, we need you help.

Please help us get Al the credit he is due and all the creators who have died recently and will not see their characters come to life on television or in the movies. They never received any pensions, or health insurance, nothing at all. How disappointing that DC has waited until these gentlemen have passed away to begin producing programs like Supergirl, The Flash, Arrow, Legion of Super Heroes,.Not looking for royalties. Just an acknowledgement of all the work these men put into building the DC brand. All the guys who have drawn or created characters when they were at the height of their popularity. Many nights I saw my father working in his studio to meet deadlines from the editor. At one point, Dad was handling 5 different strips for DC and United Media. Go to the DC website or their facebook page and let the syndicate know. You can do so much more for Al than any lawyer could. You helped Al get the Superman/Kennedy art into the Kennedy library where it was supposed to have been for the last 50 years and for that I am eternally grateful.

go to http://www.dcentertainment.com/#contact

MaryAnn Plastino Charles”

Why is a fleeting credit so important to creators or their families? Why should we care?  Few of us even notice, or stick around for the credits to roll at the end of a film. Those of us that do, understand that the greatest reward to a creator is to be recognized for his or her contribution to our culture. A simple acknowledgement goes a long way.

Think of the closing scenes of the Wizard of Oz when Scarecrow, Tin Man and Lion get their awards. A diploma, a testimonial and a medallion were all it took to make the respective characters each feel fulfilled. The tokens were material acknowledgement of who they were and what they accomplished. This is the value of credit to a comic creator especially one that has created a character that has become iconic. It is the fulfillment of their destiny as a comic book creator, to experience immortality vicariously through their creation.

But our society has become desensitized to these simple but important details. Too many of us want to cut to the chase and just consume. There is a sense of entitlement that is too quick to dismiss the value of the effort those involved in creating our entertainment. This is ironic because now, more than ever before, all that information is easily at our fingertips.

A quick Wikipedia search will tell you all you need to know about who created nearly any character with links to biographies of the respective creators.

Supergirl, She was created by writer Otto Binder and designed by artist Al Plastino in 1959.”

The modern Flash, “starred Barry Allen as the Flash and the series assumed the numbering of the original Flash Comics with issue #105 (March 1959) written by John Broome and drawn by Carmine Infantino

Green Arrow, Created by Morton Weisinger and designed by George Papp, he first appeared in More Fun Comics #73 in November 1941.”

The Legion of Super-Heroes, “The team first appears in Adventure Comics #247 (April 1958), and was created by Otto Binder and Al Plastino.”

With all of this information so readily available why is it so difficult to ask that they be credited on the screen? Some could argue that so many creators have influenced the current stories being told that the effort becomes daunting. This, however, becomes more of a reason to signal out appropriate credits.

Agents of S.H.I.E.L.D., for example, does a nice job of crediting Jack Kirby and Stan Lee for the creation of S.H.I.E.L.D. but what about characters like Deathlock created by Rich Buckler and Doug Moench, Quake created by writer Brian Michael Bendis and artist Gabriele Dell’Otto or Mockingbird first written by Gerry Conway and pencilled by Barry Smith? This is just a short list of the many characters that have appeared or are expected to appear in this ongoing series that has proven pivotal to the development of the MCU.

It is important for the world to know that the genre of superheroes did not just come from the fertile minds of a few. The genre is the result of the exceptional talents of a huge number of individuals whose work has been woven into a fabric of an expansive and growing mythology that has become entrenched in our popular culture.

For those of us that care, it is our responsibility to ensure that these creators and their efforts are not forgotten. It is the fans, collectors, historians, teachers and practitioners of the medium who will ultimately maintain the database of information that preserves the integrity of the history of what these comic book creators have accomplished. Hopefully our enthusiasm will be infectious enough that others will take notice and a greater appreciation of those unsung heroes will flourish.

Share if you care.

Gerry Giovinco

David Anthony Kraft’s COMICS INTERVIEW: The Complete Collection TWO THOUSAND Pages and Counting!

Tuesday, November 25th, 2014

First Three Volumes of Eleven Volume Set
on Sale NOW!

CO2 Comics has embarked on a massive endeavor to compile the entire 150 issue run of David Anthony Kraft’s COMICS INTERVIEW magazine that is regarded as the greatest collection of interviews in the history of comics.

To date, 42 issues, comprised of over 2,000 pages, have been meticulously scanned, cleaned, formatted and printed in the handsome, first three volumes of the planned eleven volume set. Volume four is currently in production.

Each printed volume packed with nearly 700 black and white pages of art, photos and interviews is available in either paperback or hard cover versions of two special editions:

The Premier Edition features, on its full color cover,  a customized version of the original COMICS INTERVIEW logo which utilized stylized characters from famous comic book titles. This logo appeared only on the first 24 issues of the magazine and is loved by many for it’s homage to comic book icons.

The Standard Edition alternatively features a similarly customized version of the traditional Comics Interview logo that graced the cover of the remaining 126 issues and may be the one that is endeared to the hearts of many fans, especially those that enjoyed its Pac Man font.

The four distinct versions of the printed package give fans of the magazine an opportunity to complete their collection of the set in a consistent manner that suits their personal tastes and will ultimately be an extraordinary addition to their library.

The importance of this collection to comic fans and historians can not be overstated.

Originally published from 1983 to 1995, COMICS INTERVIEW gave voice to the comics industry at a pivotal time in its history. The magazine was able to provide insightful interviews with writers, artists and editors that were active in the earliest days of the industry as well as the young creators whose careers since continue to shape the industry today.

Page by page, volume by volume, David Anthony Kraft’s COMICS INTERVIEW The Complete Collection is an accurate, candid, and authoritative  perspective of the history of comics that comes directly from the mouths of the people that lived it.

Amazingly relevant to current issues that affect the industry, every volume is a necessary source of vital information for anyone who wants a complete understanding of the comics industry as a whole.

The first three volumes alone present interviews with about 230 individuals that all made a mark on the history of comics. Without slighting the contributions of any, here is just a short list of some of the influential subjects:

Terry Austin, Howard Chaykin, Gerry Conway, Jack Davis, Dick Giordano, Joe Kubert, Stan Lee, Wendy & Richard Pini, Jim Shooter, Roy Thomas, Marv Wolfman, Karen Berger, John Byrne, Colleen Doran, Steve Gerber, Dave Gibbons, Bill Willingham, Scott McCloud, Stephen Bissette, Bob Burden, Frank Frazetta, Bob Kane, Jack Kirby, Jerry Robinson, Frank Miller, Walt & Louise Simonson, and many, many more!

An accurate list of the interviews contained in each volume can be found in the book previews on the CO2 Comics Storefront on LULU and AMAZON where you can easily purchase your copy of each volume today! Buy one or buy all three and you will be anxious to complete the whole set as each new volume is released.

David Anthony Kraft’s COMICS INTERVIEW The Complete Collection is a massive and beautiful centerpiece intended for any comics library. Accumulated one volume at a time or in convenient bundles, it continues the tradition of anticipation and fulfillment that is experienced by every comic collector. If you love comics, now is the time to begin your own collection of the greatest interviews in the history of comics. Order your copies today!

Gerry Giovinco



DC Comics’ Participation Plan – Magical Mystery Money

Tuesday, July 15th, 2014

It is no surprise that, with the Supreme Court considering listening to law suits brought by the heirs of  Superman creators Jerry Siegel and Joe Shuster as well as legendary Marvel creator, Jack Kirby in an epic battle over creators rights, DC Comics is attempting to preemptively save face by offering a new Participation Plan.”

Their timely effort is boorishly intended to make them look good in the public’s eye pending any fallout from a potential legal hell-storm that has already attracted support from every creative guild in Hollywood.

Their new “incentive” (as Marvel calls it) will share with creators net profits generated across all distribution networks including digital sales. As an added PR bonus, colorists will be included in the profit sharing for the first time, following Marvel’s lead.

Everything looks rosy!

Depending on who you believe…

Chuck Dixon, Steve Bisette

For every creator, like Chuck Dixon who has had nothing but a positive experience regarding how DC reports shared revenue there is a disgruntled one like Steve Bisette who feels that he is treated like a second class citizen.

As  outsiders, who are we to judge? Contracts are and should be private agreements and presumably they are negotiable and often different for each creator. History, however, has proven that these agreements, no matter how good they may seem or are intended, can often be subject to reinterpretation and malignment on favor of the corporation. Just ask Alan Moore who’s great Watchmen deal went sour fast.

Gerry Conway

Gentleman Gerry Conway has a very polite perspective on policing DC’s approach to participation packages that should raise an eyebrow or two. Imagine that in this day and age, DC admittedly cannot track the use of all its properties and accurately pay out without the support of its aging creators, many of which are far from tech savvy.  So they say.  Yet, in a heartbeat,  they can shut down a sculpture of a dead boy wearing a Superman shirt in Canada before bowing to social media outrage.

The bottom line is that DC is part of a huge entertainment company that specializes in cooking books when it comes to sharing revenue. This is not an indictment of Warner Brothers but of the practices of Hollywood accounting in general.

Anyone that has ever signed on to a royalty arrangement will tell you that, unless you are willing to march into the accounts payable office with an expensive auditor by your side, your relationship with the company paying you is one of blind faith.

DC is playing with magical mystery money when they tell a creator that they will combine net profits from all channels of distribution. These numbers are tabulated over a period of months and are calculated by an algorithm that would make Sheldon Cooper’s head spin! Most comic creators are just not equipped to challenge their word and are willing to accept what they get or be prepared to move on.

Alan Brennert and Barbara Kean, co-created with Dick Giordano

Combine this mystery math with vague language that can arbitrarily define characters as “derivitive” and suddenly there are creators like Alan Brennert campaigning for a moral victory over a $45 payout that is hardly worth a legal battle let alone sitting on hold for a half hour waiting for the problem to be addressed.

This is why contracts are important. Spell details out in black-and-white to eliminate the questions, provide all the answers and provide proof of the agreement.

Wait for it…

Now, DC says all transactions and agreements will be digital only!

Kiss that paper trail goodbye!

Can anybody say Comixology?

“I’m sorry, your digital contract was somehow erased from our server but don’t worry we will reinstate you with our current (and less favorable) Participation Plan. Any questions?”

Time to look for an Indy Publisher comic creators. At least you will own your work.

Making Comics Because We Want to,

Gerry Giovinco



The New 52: Disrespecting the Dead Guy?

Tuesday, September 10th, 2013

Knee-jerk reaction? Maybe, but when I saw a headline on Bleeding Cool that the late Jack Kirby was being used as a character in DC’s New 52 I almost had an aneurism.

What are they thinking?!

Fanboy homage  aside, Jack Kirby is a man whose legacy is, beside being arguably the greatest and most dominant comic creator of  all time, that he and his heirs have been stripped of creator ownership of most of his creations developed  in his five decades in the business. We are not talking deprivation of scant royalties either. He was significantly responsible for the most marketable characters at Marvel, a company that is currently worth several billions of dollars. Jack Kirby has been violated by the industry he played a major role in building. Gang raped by the industry that he dedicated his life’s work to.

I was surprised to discover that Kirby had actually spent more time working for DC than Marvel over his long career and, though this does not account for the ton of work he did for the company in the 40’s and 50’s, it is well documented that DC has fairly paid royalties for his work done late in his career. They proudly claim  that Kirby made more money off of his work  from his New Gods characters than he made from all of his work done for Marvel, citing royalties paid for appearances and merchandising related to the Super Powers series.

That, of course was a different DC comics, lead by creator friendly Jenette Kahn and Paul Levitz who pioneered royalty sharing and creator ownership at a time when independent publishers were forcing the Big Two to recognize the value of creator’s rights.

The new DC, purveyor of the New 52 that is aggressively bastardizing their entire line of characters in a strategic effort to prevent copyright reversion and the immanent threat of public domain, is not so creator friendly.

Ask Alan Moore whose WATCHMEN was ripped from his control and whored out without his consent long after he had been courted with promises of creator ownership of his work. BEFORE WATCHMEN was a slap in the face to anyone who thought DC actually respected creator rights.

Ask Gerry Conway who recently reached out to his fans in an effort to be notified when his creations would appear in various media so he could file forms to be paid royalties due through DC’s “equity participation program.” Conveniently, the new DC is not in the business to notify the creators when their characters are used. The burden of discovery is on the creators and payment is not retroactive.

Ask Jerry Ordway whose work defined DC Comics back in the 80’s and 90’s. He cannot get a lick of work today from the company he helped keep afloat in turbulent times.

Ask the heirs of Jerry Siegel and Joe Shuster who watch the iconic character that these two men created be endlessly rebooted to the point of mutilation where Superman and his story are no longer recognizable, all to protect DC’s ownership of the IP.

The New DC, has no respect for the creators, the characters or the fans. They are run by a narcissistic band of privileged fanboys, focused only on their own singular vision and the bottom line.

So, the thought of Jack Kirby appearing as a character in the New 52 stirs the acid in my gut and makes me want to puke. Kirby deserves better than to have his likeness paraded in faux homage as a cartoon character in a comic book. I imagine the Kirby character showing up in future encyclopedias of the DCU, in animated series and in 3DCGI video games, all with a DC trademark attached.

Worse yet, I imagine Marvel falling in line and parroting DC. Why not? He’s a historical figure. “We’re only trademarking our rendered interpretation of him, like Disney did with Pocahontas.

I’m sure this rant sounds irrational but tell that to fans of Bruce Lee.

Audrey Hepburn,

and Fried Astaire

who have seen their idols resurrected from the dead by advanced media technology to sell whiskey, chocolate and vacuums. At least these commercials were made with compensation to the appropriate estates or heirs.

There was a time when DC would go to great lengths to gain approval of a celebrity’s likeness. They required Neal Adams to get approval for the 170 famous faces that he drew in the 1978 Superman Vs. Muhammad Ali wraparound cover!

I guess they don’t feel the need for approval to use Jack as a character because he is dead.  What’s he going to say, “I’ll sue you?”

While DC is squeezing yet another buck from the legacy of Jack Kirby,  his granddaughter, Jillian, is plugging along with her Kirby4Heroes kirby4heroes.com campaign to raise money for the Hero Initiative to support other comic creators in need. That’s what Jack would have done. It’s what would have made him proud. Her Kirby4Heroes facebook page is a glorious celebration of the joys that her grandfather brought to all of us and the impact he had on popular culture.

She and her family have taken the high road to place Jack on the pedestal he has earned. Do they deserve, as heirs,  to be compensated handsomely for Jack’s contributions to the industry? Absolutely! But it is more important to them that the good will of his name be maintained in a dignified and positive manner.

Jack took enough abuse from the comics industry when he was alive. Can we please show some respect now that he is gone? He will have been 100 in just four years. Is it possible that his centurion celebration will be one of honor rather than a crass marketing bonanza benefiting those that need it the least?

I pray that I see no Jack Kirby action figures with a jointly owned Marvel/DC trademark stamped on his ravaged behind.

Making Comics Because  We Want to

Gerry Giovinco



Gerry Conway, Are You Kidding Me?

Tuesday, July 9th, 2013

Just when you think that the blood sucking big business tactics of the giants of the comics industry couldn’t be any worse, along comes Gerry Conway with a plea to fans for help. To his credit, he proves what a master writer he is as he politely undresses an atrocity and invites a call for action in the most innocuous way imaginable.

Gerry is a storyteller and so he neatly broke down the conflict as only a true storyteller could. He introduces DC as a great company and explains why. Once upon a time comic creators saw no royalties on their work. DC changed that in the 70’s by creating an “equity participation” opportunity that would allow creators to receive royalty compensation!

Yay! DC is a revolutionary hero! They are great!

BUT… (I love this part so much it must be quoted exactly.)

“like all companies, it’s a business, and its first priority is to reduce costs, increase efficiency, and maximize profits. So tracking which character was created by which writer and artist team thirty or forty years ago isn’t part of their business plan.”

Basically, the hero succumbs to the dark side.

They expect aging creators and their heirs to be responsible for tracking the use of their work in an ever changing global market involving forms of media that were undreamt  of when these works were created. A task so great that they, as a huge corporation, possessing in-house legal council, extensive human resource and virtually unlimited funds, claim to be unable to manage. (Though they certainly are capable of tracking down an inconsequential  trademark infringer using a bat in their logo on the other side of the planet and suing the guano out of them if necessary.)

Tracking these characters, abiding by their commitments, and compensating appropriately IS their business. They should be willing to execute these “equity participation” agreements proactively, themselves, to avoid negative press and potential suit by creators, but they are clever and create programs instead of contracts hoping that creators will fail to follow up. It’s like selling gift cards that you expect a good percentage of recipients won’t redeem.

Felicity Smoak, created by Gerry Conway, now a regular on the TV show ARROW

Creators are once again the defenseless victims. Even if a creator can manage to be obscenely diligent, overcome the tremendous obstacles, discover a use of their work and file the necessary DC Comics Character Equity Request Form after the fact payments are NOT made retroactively!

A new hero is needed.  Gerry reaches out to the fans in the guise of a request to be vigilant. Gerry asks for the fans to keep watch,  spot the use of creator works and to promptly effect execution of the equity request forms in the name of the creators in question. It would take an army of dedicated and organized fans to do this in a coordinated and constructive manner. Gerry knows this. The fans know this. DC knows this.

This is a message in a bottle! Fans need to recognize this as a signal, as a cry for help towards an injustice. Comic creators don’t need the fans’ eyes and diligence. They need the fans’ voices. They need us to speak out for them and take a stand. They need a hero to save them just as Neal Adams took the plight of Superman creators, Jerry Siegel and Joe Schuster to the court of public opinion and won a major concession for the two in the late seventies.

This is not just a fight about comic creators.  This is a fight about big business taking advantage of the people that got them there.  Big business making promises that they have no intention of keeping. Big business using their money and power to bully the little guy. This is just one example that has been clearly defined. It is a battle that needs to be won but it is just that: a battle not the war.

So, to all the ignorant, self-indulged haters that mocked Gerry Conway’s insanely diplomatic assertion, be ashamed to call yourself a fan of comic books. A true fan recognizes the value of heroes, and becomes one vicariously through each adventure these creators give us. A true comic fan knows what it takes to be a hero and recognizes someone in need.

Those that could identify with Gerry’s plight, take a stand for what is right, not just for comic books but for the lives we all live. Take a stand for what is fair and maybe we can all make a difference not just in the comics industry but in the world.

Making Comics Because We Want to,

Gerry Giovinco




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