Posts Tagged ‘Jerry Siegle’

‘Captain America’ Cries the Red, White and Blues

Tuesday, April 8th, 2014

Anyone out there who has remotely cared about how comic creators have been screwed out of even the tiniest morsel of the tremendous profits  generated by Hollywood’s superhero bonanza had to let out a huge guffaw after reading a recent Variety  interview with Chris Evans, who will star as Captain America throughout a contracted six film run for Marvel Entertainment. His commitment is now half completed with this past weekend’s blockbuster release of Captain America: The Winter Soldier.

The star spangled actor seems fairly constrained when talking about the trials and tribulations of portraying the famed First Avenger, careful not to raise the ire of Marvel studio execs but can’t help himself from peaking the nerves of their stingy bean counters with a little help from Avenger cast ring leader, Robert Downey, Jr.

Evans says Marvel will often send him pictures of “Captain America” action figures that are molded after his likeness, but that he doesn’t profit from the merchandising. “I see my nephew wearing underwear with my face on it,” says Evans. “I’m like ‘what’s going on?’ But for some reason, (no money comes) my way.” Adds Downey: “Nobody gets anything from the toys, and nobody ever will.” Then he promises: “I’m working on it.”

What if?

It’s a hoot seeing these mega-stars crying over the money they are not making especially after they all made such a big scene about renegotiating their contacts going into Avengers 2 after the original Avengers film grossed over $1.5 billion world-wide, ranking it number three in all-time box office sales. Adding fuel to the fire was the huge discrepancy of pay between stars. Downey made $50 million for his role as Iron Man while other Avengers  made as little as $200,000 for their silver-screen super-heroics generating comments like, “On what planet is that fair!”

True to form, Marvel continues to “strong-arm and bully” the talent, wether it is an aging comic book creator or a celebrated Hollywood actor, with threats of law suits and dismissal of service held against detractors. Marvel considers talent to be expendable so long as they control the Intellectual Property of their vast library which they protect with the might of Odin to the point that even Disney power suits stand clear.

As each new Marvel film exceeds expectations and rings up record revenue it becomes more apparent that Marvel is as mythic as its heroes and villains when it comes to sheer greed. Soon their brand will be synonymous with companies like Walmart and McDonalds whose employees require government assistance to survive because they are paid and treated so poorly.

Maybe the high profile whining of celebrities like Chris Evans, Robert Downey, Jr, Scarlet Johansson, Chris Hemsworth and others will bring attention to Marvel’s unscrupulously tight fisted business ethics. Maybe the stars and the public will finally gain sympathy for the Kirby family who do not see one red cent from all of the characters that Jack Kirby co-created, without which none of these actors would have a role to play or complain about in the first place.

Unions in Hollywood are powerful, they have the ability to freeze the industry. Should the writers and actors become sympathetic to the plight of comic creators and their heirs, some justice could still come to those that have been denied fair compensation for their contribution to both the Marvel and DC Universes for decades. Maybe the courts will finally recognize the injustices that they’ve been catering to as they suckled the teats of big business.

Let’s root for the Marvel films to be so successful that  the stars can’t stand watching the vast amounts of money that is sure to elude them. Put them in the shoes of Jack Kirby, Joe Simon, Steve Ditko, Jerry Siegle, Joe Shuster and a long parade of other comic creators that worked for a lousy page rate under the shackles of a work-for-hire agreement and never saw royalties when their creations became films, toys or underwear.

The stars representing beloved heroes will put an unmistakable face on the unfair practices of Marvel and DC that a comic creator hunched over a drawing board or typewriter never could. Maybe then the world will appreciate the injustices that many of us have known about for decades and some things will change in the comics industry.

A perturbed Chris Evans is a great start. His character, Captain America, represents the American Dream and has stood for all that is fair and good in this country since his creation by Jack Kirby and Joe Simon in 1941.

It is only right that Captain America should now lead this charge against the corporate greed and bullying that grips our nation, exemplified by Marvel, the self proclaimed builders of our modern mythology. There is more than a man behind that shield he carries, there is the heart of a nation that cannot be taken away. It is time we all stand behind that red, white and blue shield together to defend what we know  is morally right. It is time for a battle cry! America, Assemble!

Gerry Giovinco



Creator’s Rights: The Rise of the UNDEAD!

Tuesday, September 17th, 2013

For anyone who thought that  the Work for Hire clause, whether it was specified in a contract or stamped on the back of a check, was the final answer regarding creator’s rights; think again!

The battle for creator’s rights is experiencing a ZOMBIE APOCALYPSE of its own as issues once considered dead and buried by corporate gate keepers are raising their hoary heads and experiencing triumph against the devil himself.

Appropriately, Ghost Rider, the supernatural motorcyclist who sold his soul to the devil and consequently bursts into hellfire complete with a flaming skull whenever he encounters evil, has become the latest character championed by the challenge of his creator.

Gary Friedrich settled a deal with Marvel after the Second Court of Appeals decided that the work for hire contract signed in 1978 was ambiguous on the topic of copyright renewal.

His victory has highlighted the fact that there can be hope against what appears to be insurmountable odds especially after Marvel had knocked him down for the count and even won a countersuit against him for trademark violation seeking retribution of $17,000 for monies he made from selling autographed prints of Ghost Rider at comic conventions.

Never give up the fight!

Creator’s rights has been a battle going on in this industry since it began and every time the issue seems dead it claws back from the grave. Jerry Siegle and Joe Shuster were zombies extraordinaire. No creators fought back so frequently and so often reviving dead issues and achieving a number of victories along the way, than these two. Even after their own deaths their family still haunts DC and Warner Brothers with challenges.

The huge popularity of superheroes in film has certainly stirred the dead more than any other event. The immense profits made from films and merchandising of comic book characters that were unimaginable decades ago have breathed new vigor into aging creators who may have given up the fight long ago but now see the fortunes that are slipping through their fingers.

Suddenly a few of these stalwart underdogs have played a winning hand.

It is important to pay close attention to victories because they are often shrouded in secretive settlements that, though they may satisfy and reward the challenges of the creator are designed to ultimately protect the stake of the corporate holder. Terms of agreement that require secrecy lend little support to other challengers except to grant hope that they too can come to a settlement that will satisfy their unique complaint.

Stan Lee took Marvel to task in 2002 for royalties owed for characters he co-created.  He was awarded a $10 million settlement in 2005 according to Marvel’s first quarter operating results that year. This of course begs to question, what about Steve Ditko and the Jack Kirby estate?

Archie Comics settled with Ken Penders regarding rights to the characters he created while working on stories for Sonic the Hedgehog and Knuckles comics. His characters have shown up in reprints, comics, and video games. Victory in hand, he now has his sights set on Sega and Electronic Arts. Sega would not event participate with Archie in the original proceedings making Archie’s defense more laughable than it was. Penders plans to utilize the characters he created in a graphic novel series entitled The Lara-Su Chronicles.

Jim Starlin’s relationship has seemed so warm and fuzzy with Marvel since it was revealed that Thanos, a character he created, would be a major player in the Avengers film franchise as well as the Guardians of the Galaxy. Little has been made public, but one can only assume that a settlement has been reached since Starlin can prove that he created Thanos before he even came to work for Marvel.

Recently, in a congratulatory comment  to Gary Friedrich made via Facebook and Twitter, artist Bob Layton publicly stated that  he and David Michelinie had settled with Marvel over rights issues to a character created during their long run on Iron Man.

Does this activity indicate that the tide is turning? Is it possible the the courts are finally recognizing what we have known for years; that creators of intellectual property in the comic industry have been grossly taken advantage of? Is public sentiment starting to influence the position of the courts and the corporations? Is the work for hire practice of the major comic companies finally damaging the value of their good will?

A lot of creators have been cheated over the decades. A lot of challenges have laid buried beneath heaps of residue from corporate greed, abuse and the creator’s fear of reprisal.

There is a tremor now. That which was once thought dead is rising from the loosened earth. Like the Ghost Rider, injustice is igniting its fury. A new day is coming and that which was dead will be no more. Creator’s Rights will rise like the undead and the  APOCALYPSE will be waged upon corporate greed.

Gerry Giovinco




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