Posts Tagged ‘Superman’

Happy Hanukkah to the World of Comics and Comic Books!

Tuesday, December 16th, 2014

Since today is the first day of Hanukkah this year, we at CO2 Comics would like to wish a very “Happy Hanukkah” to all of our Jewish friends and family in the great world of comics and comic books!

It is now widely accepted history that immigrated Jewish Americans are largely responsible for the development of the early comic book industry. Without trivializing the significance of Jewish publishers, printers and distributors of the 1930′s, just try to imagine a comic book industry without this very short list of comic book pioneer creators that were all Jewish:

Jerry Siegel

Joe Shuster

Jack Kirby

Joe Simon

Bob Kane

Bill Finger

Jerry Robinson

Stan Lee

Just imagine a world of comics without Superman, Batman, Captain America and the bulk of the Marvel Universe created or co-created by these eight men that stand out as brilliantly as the eight candles to be lit on a festive Hanukkah Menorah!

A more comprehensive list of Jewish cartoonists that were leaders in the industry can be found here.

The contributions of these creators of Jewish decent can not be overstated. Without any small percentage of them comics, as we know them today, would not exist.

This is the time of year when everyone tip-toes around espousing the phrase, “Happy Holidays,” essentially offending people they are trying not to by sterilizing their greetings. In the process of this dilution we lose site of the beauty, significance, and  contributions of the cultures that celebrate uniquely different holidays.

As an independent comics publisher CO2 Comics has always recognized the value of diversity in the comics medium. Our appreciation of the history of our industry strengthens the value of that diversity every day. Though we may not personally celebrate all of these holidays it is with great conviction that we recognize that we are influenced regularly by others that do.

So, Happy Hanukkah, Joyous Kwanzaa, Merry Christmas and a Fabulous Festivus to you all!

Gerry Giovinco



Comic Book Entropy: Marvel and DC

Tuesday, November 18th, 2014

When it comes to order and disorder regarding comic books one needs to look no further than the Big Two, Marvel and DC, for examples of each in regards to their corporate direction.

This past week Marvel celebrated their 75th anniversary with a televised special/infomercial titled Marvel: 75 Years, From Pulp to Pop! The show managed to  cram their long history into just 44 succinct minutes in a way that only Marvel can because they have admittedly and willfully refined their direction to the fundamental creative basics established by Stan Lee, Jack Kirby and Steve Ditko.

Marvel recognizes that their success is built on the creative geniuses of these three men and the culture of the Marvel Bullpen that has managed to maintain a continuity that has reverently adhered to the principle foundations of the characters they created.

The new found harmony that exists since the settlement between Marvel and the Kirby Estate, as exhibited by the inclusion of a proud Neal Kirby speaking on his late father’s behalf in the special, reinforced Marvel’s dedication to the tradition of the source material.

Marvel does not stray far from the source material. They embrace it because they know it is based on good storytelling that has stood the test of time. The result is the global phenomenon known as the Marvel Cinematic Universe. It is a bountiful collection of heroic adventures dictated by simple order managed by a decree to not fix what is not broke.

Flip the coin and disorder rears its head as DC Comics once again applies a bandaid to the hemorrhage that is the complicated multiverse known as the DCU. The cure of the moment is called Convergence and it is a two-month-long event focused around the concept that Brainiac will gather the bottled up realities of the infinite earths in the DCU and bring all the variants of all the characters together in one place and let them mix it up like some tormented game of “shake n’ bake.”

While these fifty comics are being published the rest of the already established line will go on a two-month hiatus while the corporate offices move west. Fans get to wait it all out and hope they are satisfied with what promises to be yet another thread of convoluted reality attempting to make sense of what has been convoluted for decades.

DC has long lost any attachment to the foundations of any of their characters let alone any respect for the values or intentions of the creators of their iconic properties. Any opportunity that DC has to exploit their characters in another medium is just a chance to twist in another reality option. TV Flash is already rumored to be from a different reality than film Flash and so the spiral continues.

Through it all fans, are expected to sit back and wait for the shoes to fall then jump back on the bandwagon like nothing ever happened. But fans don’t like to be thrown from the bus. Major League Baseball learned this the hard way when they canceled a season due to strike and it took years to regain the trust of the fans. Why should comics be different?

Nostalgia is a large part of what we all love about our comics and our heroes. Marvel has found a way to introduce new generations to characters that are tried and true while DC continually attempts to recreate their characters to appeal to what they believe are the tastes of a new generation. The end result is that today’s Superman is not your parents’ Superman but today’s Captain America still resonates with the patriotism of your grandparents.

Entropy is, of course, all about the balance of order and disorder in relationship to chaos which is the driving force behind true creativity. Chaos is a beautifully amazing thing which can be easily witnessed in comic books just by looking at a rack of independent comics that source their creativity from every direction and, in fact, continue influence the entropy of the Big Two.

In the Marvel special,  a quick pan of a 1980′s era comic book rack began with a flash of X-Men comics before culminating into a display of independent comics featuring titles like GRENDEL, ELEMENTALS, JUSTICE MACHINE, FISH POLICE and TROLL LORDS, all titles that, at one point, were published under the COMICO imprint, a company co-founded by CO2 COMICS’ own founders, Bill Cucinotta and myself.

It is nice to know that, somehow, our work has impacted the bigger picture of comic books that the world too often recognizes only as Marvel and DC. It is great to be part of the chaos. In the end, it’s all simply about making comics because we want to.

Gerry Giovinco



Superhero Movies: Careful What You Wish For

Tuesday, November 4th, 2014

Recent announcements made by both Marvel Studios and Warner Brothers have indicated that in the next six years there will be approximately forty superhero films released! Comics Alliance has posted an incredible infographic designed by Dylan Todd that details the specifics as they stand now:

That is more than four new superhero films each year from Marvel and DC! This is also not counting any other geek-friendly science fiction films like Star Wars, Star Trek or any number of alternative comic related films!

What have we done? What did we wish for?
Is it possible that the superhero film will become mundane if it hasn’t already?

Will the flood of films, compounded by the plethora of related television shows ruin the thrill of anticipation that used to exist when comic book fans simply longed for a film that could do any superhero justice?

There was a time when it was an annual event just to watch the special effects laden The Wizard of Oz on television. Audiences looked forward to it as a special occasion because it was the one time out of the year that you could always count on to see something spectacular.

Younger generations today do not have that same appreciation because, thanks to modern technology, this classic film can be seen around the clock, throughout the year on a variety of devices. The concept of availability on demand has taken away the urgency that drove families to gather around the television and reverently enjoy it.

This is the same lack of urgency that is responsible for short runs of films at the box office. When great films came out, the line wrapped around the multiplex and down the block for tickets. Films stayed in the theater for six months at a time because it was the only opportunity to see them. Why rush to the theater now when a film will be on Blu-ray in three months? Before videos were available audiences waited three years in hopes that a film would come to television someday.

There was nothing, however, like waiting for a good comic book movie to be made. Superheroes are a special breed of character whose abilities are so fantastic that, for generations, what could only exist on the printed page and in our imaginations could not translate, believably, to film. Comic book fans longed to see a superhero film done right. They had suffered through so many cheesy attempts with only a few that garnered even a modicum of respect.

It was a milestone in 1978 when the Superman film was promoted with the slogan, “You’ll believe a man can fly!” It was a wish come true. For the first time ever, the greatest superhero of them all was finally presented in a relatively believable fashion on film.

The film was a huge success but good superhero films would still be hard to come by. Superman quickly ran his course after a few attempts as did the Batman films but it wasn’t until 2000 that CGI technology became sophisticated enough to allow for believable X-Men and Spider-Man films.

Four major superhero franchises in a twenty-five year period generates anticipation!
Since then there has been about forty superhero films from the big two in the last twelve years and now they are planning on doubling that production!

production!

Who would have ever thought that superhero films could become so commonplace? But with the threat of public domain looming over Golden Age characters in the next twenty years and Silver Age heroes not far behind, the time to cash in on those classic superheroes is now or never.

Fans finally have their wish that good superhero films can be made but now have to hope not to be overwhelmed by them. Is there such a thing as too much of a good thing? If it is up to Marvel and Warner Brothers, we are going to find out.

Gerry Giovinco



Before Cosplay There Was Halloween

Tuesday, October 21st, 2014

Now that comic conventions have become huge cultural events, cosplay, the act of dressing as your favorite character and parading around at conventions, has been getting a lot of attention in large part due to its incredible growing popularity.

When I participated in what were then just called Costume Competitions wearing my signature THING costume back in 1979 there were only a handful of brave folks that would take the stage. Nothing compared to the legions of cosplayers that attend cons today.

What an outlet for creative costumers cons have become. As I think back on it, before science fiction and comic conventions, the only opportunity to get dressed up and run around like your favorite character was Halloween.

Just for this reason, Halloween was my favorite holiday. (Or at least a very tight second to Christmas!) Nothing was more fun than donning costumes with my brothers and pillaging the neighborhood for candy with my grandmother who, small in stature at 4’8″,  would also disguise herself as one of the kids just to help keep our group identity obscured.

It didn’t take long for us to graduate from the conventional costumes made by Collegeville or Ben Cooper but I will never forget those vacuum formed masks and cheesy,  one-piece coveralls. They came in all kinds of characters. The first I remember having was Porky Pig printed in a fluorescent orange color to aid visibility at night.

As far as superheroes were concerned, I remember a Captain America knock-off that had a triangular shield printed on the mask bearing the words “American Hero.”  We also had a Batman outfit that just wasn’t quite the same Batman we were watching on that famed 1966 series. Other kids had Wonder Woman, Superman, Spider-man, Hulk and not many others of cape-and-spandex fare.

In an attempt to dignify one of my favorite heroes my first homemade costume was of Batman. I pieced together a black cowl and a cape draped over a gray sweatshirt and pants with black rain boots and swim trunks. I was pretty young at the time and my efforts were rudimentary but I had the bug. Each year after that, it became a badge of honor to craft my own costume and to outdo the one from the year before.

Eventually, it seemed like a shame to put so much effort into a costume for a few hours of enjoyment only on Halloween. Then I discovered comic conventions. What an outlet for the costumer in me! Not only did conventions happen throughout the year, the competitions created an atmosphere that ensured the costumes would be creative and well made by like-minded people that appreciated each other and their skills.

Cosplay has since grown into a phenomenon developing a culture of its own.

Halloween has evolved too. Costumes are no longer vacuum formed and packed in pie boxes. They come in all shapes and sizes with accessories to match. Superheroes abound in costumes with built-in muscles or sexy variants of most of the world’s favorite characters that have been popularized in almost every medium. It is as if the two worlds of Cosplay and Halloween have collided to make one big, year-long, costume extravaganza.

For costumers, this is almost too good to be true and that is a concern.

Halloween has become so popular, communities have become defensive to prevent it from getting out of control. Small towns now limit the hours of Trick-or-Treating to as few as two.  Some cancel the evening altogether and offer a festival or a parade in an effort to control some random acts of violence, mischief, or safety hazards.

Cosplay is experiencing growth pains of its own with issues of privacy and sexual harassment becoming a prevalent discussion causing conventions to establish rules and regulations that will eventually reign in the casual antmosphere that conventioneers have come to enjoy.

A few rotten apples, once again, will ruin it for the whole bunch.

It doesn’t have to be that way. We could all agree to be civilized and respect each other’s dignity by simply attempting to act like the heroes we admire. Is that expecting too much cosplay fantasy in a real world or do we have to ask the hard question we ask every Halloween, “Trick or Treat?” and be satisfied with what we get?

Hopefully, no rocks.

Happy Halloween!

Gerry Giovinco



Ten Things We Should All Know About Copyright Law Thanks to Kirby v. Marvel

Tuesday, October 7th, 2014

With very little pomp and circumstance the most famous contentious relationship in the history of comics has finally been amicably settled between the estate of the late Jack Kirby and Marvel Entertainment. The announcement came just one business day before the case was scheduled to be considered for hearing by the Supreme Court of the United States.

Comic historians and fans of both Marvel and Kirby know that the relationship between the two has been tenuous as far back as the mid 1960′s. The feud reached a climax in the late 1980′s when many fans and comic professionals demanded that Marvel fairly compensate him for the wealth of material that he had created which, by all standards, established the foundation on which the company had been built and supported. Marvel never did.

This discussion continued after his death in 1994 though it mostly existed as a blistering boil on the ass of the comics industry establishing Kirby as the poster child of the Creators’ Rights movement replacing Superman creators, Jerry Siegel and Joe Shuster, as the most screwed creator in comics history.

The debate about what Jack Kirby and his heirs were owed, if anything,  became heated in public forums, especially on the internet, exasperated by misinformation, blind opinion, and just plain ignorance of the real matters at hand. Trolls abounded and it often got ugly.

In 2009, in accordance with provisions established in the Copyright Act of 1976, the Kirby Estate filed for termination of Marvel’s copyright claim seeking a reversion of rights which led to a legal battle that was most accurately and meticulously described by Kurt Busiek on a CBR comment thread.

Busiek laid out the truth in no uncertain terms because, as he stated, The amount of misinformation presented in this thread is staggering.” He does a great job of cutting through the he-said-she-said bullshit of the voices of public opinion and pares it down to the cold, hard facts.

Amazingly, it is apparent that too many people, including those in creative fields, do not know the basic elements of copyright law!

If Kirby v. Marvel accomplished anything it should be a better understanding of copyright law by those people that should understand it the most; creators.

Everything you need to know about copyright can be found right here, but it can be a long and agonizing read full of legal jargon.

The following is a simple list of ten important things that creators really need to know about copyright law as it concerns what happened to Jack Kirby.

1. Ideas are not protected! Copyright only protects the expression of an idea that is able to be reproduced in virtually any form.

Two people can have the same idea but their expression of the idea needs to be different. If they are the same, it is assumed that the latter infringed upon the first.

If you “borrow” an idea from someone and create your own expression of it , that is not infringement.

When Stan Lee would give Jack Kirby plot “ideas” verbally in a meeting, unless they were written in the form of a synopsis or script, they could not become copyrighted until Kirby drew the pages of the comic book.

2. The work is protected by copyright the second it is created regardless if you placed a “© 2014 John Hancock” on it or registered it at the Copyright Office.

Placing a copyright notice on your work stakes your claim to it and is a deterrent similar to faux security signs on your front lawn.  The burden of proof, however, is on you and the best and most official way to protect yourself is to register your work.

As mentioned earlier, Kirby’s work was considered copyrighted the second he drew them. It is guaranteed that he never marked them with a © or registered them. The proof that he created them prior to their publication date is all that is necessary and was enough for the Kirby Estate to challenge Marvel.

3. You can sell your copyright after you have created a work.

This is what Kirby did every time he was paid for pages he handed in that were accepted by Marvel. He sold his copyright to the material.

4. You can terminate a grant of copyright after 35 years.

Thanks to the Copyright Act of 1976 creators have a right to terminate grants of copyright that they have sold a to a publisher or another entity.  They can also renegotiate a deal, often in the form of a settlement, just like Prince did after he filed termination papers with his record label.

There is a slim 5-year window within which creators must file to request this termination. Companies are betting that most creators or their heirs will not know about or pay attention to this, allowing the rights to be permanently forfeited to the current holder, like a the money on an expired gift card.

5. None of this matters if you were an employee of the company and created the work on their time. The work will be considered Work-for-Hire and the company that employs you will be considered the author and copyright owner.

Stan Lee was an employee of Marvel. Technically he was management so he has no rights to the material he co-created on the clock or otherwise. His settlement in 2005 was strictly based on an agreement he had regarding his work on the sales of Marvel films, not royalties based on ownership  of copyright.

6. If you are a subcontractor, (freelancer) all of this matters because you initially owned the copyright the second you created the work and you sold that copyright to the publisher. You have a right to request termination of grant after 35 years. If you sold the copyright prior to 1978 you can request termination after 56 years, which was what the Kirby estate did.

Kirby was a freelance subcontractor, regardless of how exclusive his agreement was with Marvel, verbally, written or otherwise, he was not an employee and this was the basis of all the litigation and what the Supreme Court was considering to determine.

7. The duration of a copyright  lasts the life of the author and 70 years after the author’s death.

This means that if the terminations were granted anything Kirby created would be copyrighted until 2064 and  be in the control of the Kirby Estate.

8. For works created Work for Hire the term ends 95 years after its first publication.

If the Supreme court would have decided that Kirby’s work was considered Work for Hire those works owned by Marvel would have begun lapsing  into public domain as early as 2053.

For this reason alone it was in Marvel’s best interest to settle with the Kirby Estate because it just bought them, presumably, an extra 11 years of ownership before the works go into public domain.

9. Copyright and Trademark are not the same thing. While a copyright can expire, a trademark can last indefinitely so long as the owner continues to renew the trademark and aggressively defends it when it is infringed upon.   Copyrighted material, though it can be terminated or lapse into public domain, it cannot be used in commerce in a way that infringes on an existing trademark that is owned by the previous copyright holder.

This means that even if the Kirby Estate were to have terminated the copyrights to the works of Jack Kirby, Marvel would have still owned the trademarks to the characters. It would have been very difficult for the works to be marketed without infringing on Marvel’s trademarks, limiting the profitability of the works.

10. All things considered an amicable settlement is usually the best case scenario.

All anybody ever wanted was to see Jack Kirby treated fairly for all the incredible work he did as possibly the greatest comic creator of all time. It is a shame that he did not live to enjoy the satisfaction of  a deal that, by all expectations, appears would have made him happy. It was clear that throughout his career his main goal was simply to support his family who has, expressed satisfaction with their undisclosed deal.

The Jack Kirby experience is a lesson that must be learned by all creators so that it not be continually repeated. Know copyright law. Understand agreements. Make good deals. Defend your rights. Profit fairly from your work. These are all things that creators should be as focused on as much as they are focused on their talent and creations. They all go hand-in-hand to provide lifelong satisfaction from the hard work involved.

Gerry Giovinco



Remember When Comics Smelled Like…Pot?!

Tuesday, September 30th, 2014

Remember when comics smelled like newsprint?

Not anymore!

If you haven’t heard, DC Comics plans to publish a Harley Quinn comic book that smells like cannabis. It’s true! You can read the story here.

What the hell are they thinking?!

I will never understand the marketing geniuses at DC Comics and their complete disregard for the respected value of their intellectual property.  When is their parent company, Warner Bros. Entertainment, going to reign those idiots in?

Without getting into a deep discussion about comics now appealing to a more mature audience than those that many of us grew up with, let me remind everyone that DC Comics and all of their characters represent a significant brand that is largely responsible for Warner Brothers Consumer Products being the fifth largest global licensor. They lag not far behind number one, Disney, who has been bolstered greatly by their  acquisition of Marvel and Star Wars and who will probably remain top dog forever.

When will DC understand that the strength and value of a company’s intellectual property is based solely on the public’s perceived value of that brand.

Forbes describes it this way{

“Put simply, your “brand” is what your prospect thinks of when he or she hears your brand name.  It’s everything the public thinks it knows about your name brand offering—both factual (e.g. It comes in a robin’s-egg-blue box), and emotional (e.g. It’s romantic).  Your brand name exists objectively; people can see it.  It’s fixed.  But your brand exists only in someone’s mind.”

Entrepreneur says:

“Simply put, your brand is your promise to your customer. It tells them what they can expect from your products and services, and it differentiates your offering from that of your competitors. Your brand is derived from who you are, who you want to be and who people perceive you to be.”

Both of these well informed marketing resources feel that the concept of branding can be “simply” defined, yet DC and Warner Bros. apparently have no clue or they wouldn’t be intentionally making and promoting comic books that smell like pot!

DC’s characters have achieved their brand value over their seventy plus year history based on a universal appeal of what the general population considers wholesome, heroic characters. This is why their images are available on everything from baby toys to shot glasses, They are safe (socially innocent) and have wide appeal.

What is the theory behind potentially damaging that brand by associating it with cannabis,  an illegal  Schedule 1 substance under US federal law?  Are they just daring a Dr. Wertham wannabe to stir up another witch-hunt on comics or the superhero genre all for the sake of a publicity gimmick?

Could you imagine Disney making or licensing any product  that intentionally smelled like pot?

“Get your Pocahontas Peace Pipe with realistic cannabis smell!”

Just wrong on so many levels!

Disney famously and aggressively brought down The Air Pirates for publishing an underground  parody comic where their characters imbibed in the weed and other nefarious deeds! They go after everyone, big and small mercilessly to protect their brand under all circumstances.

Just ask Deadmau5.

Only porn companies seem to be immune from big entertainment companies like Disney and Warner Bros., but there has to be more to that story.

Protecting a brand and its public perception is paramount to most large corporations. This is why we often hear of sports stars and actors losing endorsement deals because they did something stupid or illegal.

Even NFL Commissioner, Roger Goodel, one of the most powerful men in professional sports, has come under fire for his mishandling of the recent Ray Rice domestic violence case.

Companies are pulling endorsements left and right from NFL teams for public backlash stemming from ongoing disclosure of similar instances and many are asking for Goodel’s resignation.

By those standards some jackass at DC should be out of a job already.

DC has been treading on thin ice for years now, slowly chipping away at the shiny veneer of beloved characters like Batman, Superman, and Wonder Woman,  trading them in for a darker, grittier, more sinister fare.

Will the cannabis scented comic book finally be the tipping point? I doubt it, but they are seriously pressing their luck.

What’s next? Micro dot variants?

Don’t be surprised if the Comic Code Authority gets reinstated over this one.

We will all have DC to thank.

Gerry Giovinco



Trademark Deadmau5 Trap

Tuesday, September 16th, 2014

Joel Thomas Zimmerman, the EDM DJ/musician best known as Deadmau5,  has just encountered the world’s best mouse trap: U.S. Trademark Law.

Nobody keeps the mice away better than the Disney corporation when it comes to protecting their trademarks especially when it comes to defending Mickey Mouse and that famous pair of ears.

Canadian born Zimmerman, whose stage schtick includes performing in an oversized, robotic looking mouse head,  has flown under Disney’s litigious radar for the last decade, successfully trademarking a graphic of his mouse head in countries throughout the world. Now that he is attempting to register his trademark in America, Disney is challenging the mark claiming that it is too similar to their iconic symbol and may cause them harm by confusing consumers.

The trap is triggered, but does Zimmerman get out a Deadmau5 or a live one?

Some will argue that Disney has no basis in their contention. Deadmau5 poses no competition for Disney big focused on different markets. Deadmau5 can be interpreted as a parody and protected by fair use laws. The Deadmau5 logo is different enough. A nice piece in the Daily Trojan titled “Disney’s legal battle with Deadmau5 has no basis” does a good job defending the argument.

But when it comes to copyright or trademark issues, the solution is never that simple.

The problem with U.S. Trademark law is that the advantage is almost always on the side of the big guy. Why? Because it requires a trademark to be continuously defended or risk losing it. Unless you have deep pockets like Disney, who can aggressively afford to go after  every potential infringer?

Should a trademark be challenged for any trivial reason by a giant corporation like Disney who can drag you through the courts endlessly in a legal battle that will exhaust all of your financial resources. Your attempt to trademark is doomed because you will be bankrupt before a judge ever tries your case. Most settle or give up. Those that don’t usually end up as a bloodied “example.”

This system assumes that the public is too ignorant to recognize distinguishable differences in any graphic or other form of trademark. It is compounded by companies that manipulate their trademark constantly to intentionally blur the line. This is why a simple graphic like Disney’s Mouse Silhouette or DC’s Batman logo, #6 is presented in so many different ways including shapes and colors. It is now impossible to to create a simple mouse or bat logo without incurring retribution.

This has cost pop culture some great works over the years. Among the many casualties, Captain Marvel was crushed for his supposed similarities to Superman, and Howard the Duck was never the same after Disney challenged him compared to Donald Duck. These were innovative and dynamic characters that had their feet swept out from under them in their prime because of the trademark trap.

Imagine what the world would be like if Pat Sullivan, the producer of Felix the Cat, would have challenged Disney’s trademark, siting that Mickey Mouse was so similar and heavily influenced by the famous feline who had predated Mickey on film by nine years and was, at the time, the first and most successful cartoon character of the era. It was an image of Felix, after all, that was the first cartoon character star of television.

Imagine a world with no Mickey Mouse and possibly no Disney. Mickey Mouse  managed to escape the trademark trap and, in doing so, ensured that nobody else would get out alive.

Deadmaus, however, may have a leg to stand on because Disney has not been a good little mouse either. Zimmerman has countered with a copyright infringement allegation, claiming that Disney used his 2009 hit “Ghosts ‘n’ Stuff” without his permission and payed no fee for the use of it. Disney claims otherwise but has yet to prove it.

This could be a life or death struggle for the career of Zimmerman. According to Billboard,  the battle has already “cost him dearly”
A victory for Deadmau5 would give a lot of little guys hope, but not everyone is ready to chew off a leg to get out of a trap.

Good luck Deadmou5, I hope your stage name is not your prophecy but I wouldn’t bet on it.

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



Dixon and Rivoche: Critical of the Right

Tuesday, June 17th, 2014

Give Chuck Dixon and Paul Rivoche a lot of credit. They certainly stepped outside the box in an effort to promote their new book, a graphic adaptation of Amity Shlaes’ THE FORGOTTEN MAN, by attacking  comic industry liberals in their Wall Street Journal OP-ED piece, How Liberalism Became Kryptonite for Superman.”

They managed to generate a lot of interest  and even had the opportunity to tout their book, published by Harper Perennial, on FOX NEWS!

Thank God that most of the hardcore conservatives that pay attention to these narrow-minded resources couldn’t care a rat’s ass about comics or they would have seen through the thin veil of deception that is so brilliantly dissected  by Janelle Asseline in her Comics Alliance piece, “Superhuman Error: What Conservatives Chuck Dixon & Paul Rivoche Get Wrong About Politics In American Comics.”

In their effort to be Uber Americans by defending the Political Right, Dixon and Rivoche tread on one of the most valued American liberties that comic creators have fought decades for, the right to freedom of speech and expression which is protected by the First Amendment.

Their endorsement of the Comics Code Authority, which was a direct product of McCarthy era conservatism and possibly the most strict code of censorship of any American medium, flies in the face of anyone who truly loves and values the most basic and fundamental principles of freedom set forth by the founders of this country.

It was particularly odd that both gentlemen conveniently ignored the comics history of the 1980′s where creators rebelled against the big publishers of superhero comics  and defined the potential of the Direct Market by working with Independent publishers that defied the rules of the Comics Code Authority.

Both Dixon and Rivoche saw their first works published by Independent publishers in 1984. (not the 1970′s as stated.)  Chuck Dixon’s EVANGELINE which, originally published by Comico, told a tale about a nun with a gun that was an assassin for the Vatican.Canadian Paul Rivoche illustrated Mister X published by Toronto based Vortex. His story was about a mad scientist that induced his own perpetual sleeplessness with a fictitious drug. These were not comics that any of the Code publishers would consider touching at the time!

It is ironic that these pioneers of “moral ambiguity” in comics should be so vocally opposed to its current existence in the medium!

The success and proliferation of similar independent projects eventually led to Marvel and DC’s softening and ultimate departure from the Code. This was  an orchestrated effort to compete with and eradicate Independent comics publishers  who had gained substantial  market strength.

The market dictated the newfound liberal mores with which comics were created! If audiences did not clamor for these new “left-minded” ideas we would all be reading comics with the seal of approval on it today. Worse, comic books would most likely have faced an inevitable extinction.

The comics of the 90′s that the two chose to credit with the moral departure were created by a  wave of young talent that cut their teeth reading comics and being inspired by the likes of Dixon and Rivoche. These upstarts recognized that it was time for a jailbreak and sought to distinguish themselves as the New World Order in comics.

Dixon and Rivoche are among many creators moderately associated with the old guard, despite their groundbreaking achievements, to be trampled by the inmates intent on running the asylum, finally free of the restraints of oppressive censorship (a page torn right from Dixon’s own Batman stories.)

Jerry Ordway has similar gripes but does not blame left leaning politics in his plea for work, Life After Fifty.
For many, like Ordway, it is rather an overwhelming lack of respect and appreciation for the contributions of creators that in the past would have been revered industry-wide.

Fortunately the Independent movement (not just of the 80′s and 90′s but that of the 70′s  Underground Movement, the Web Comic  Movement of the 00′s and the current Digital Movement) has solidified the rights that creators have to express themselves freely through the medium of comics. There is a now place  and an opportunity for any kind of comic regardless of “right” or “left” leaning politics. This is good for everyone, especially those with idealistic American values.

Without this new, expanding market for comics there would be no publisher that would have been interested in THE FORGOTTEN MAN, a comic not about superheroes and not targeted specifically at children. That would be a real shame.

Dixon and Rivoche should have remembered their true roots and celebrated their masterful execution of their own creative rights rather than endorse a close-minded, faux conservatism that could potentially crush other creators’ rights to freedom of speech and expression in a new witch-hunt reminiscent of the one perpetrated by Dr. Fredrick Wertham that led to the development of the restrictive Comics Code Authority.

Dixon and Rivoche need to ask themselves which Right is more important; the creatively inhibitive conservative views of the Political Right or our Inalienable Right to free speech and expression that has given comics the opportunity to flourish?

Making Comics Because We Want to,

Gerry Giovinco



A true, capitalism-endorsing conservative would let the market decide.

Rocket Raccoon Not Rabid as Expected

Tuesday, March 4th, 2014

The battle over fair compensation for comic book creators whose creations have generated enormous profits for the corporations that now own them is almost as old as the industry itself. In most cases the fight is futile since most comic creators simply do not have the economic clout to legally go after companies as mighty as Marvel or DC and their parent corporations, Disney and Time/Warner.

Shame is the greatest tool that creators have found to expedite justice and it seems to work. Neal Adams relied on it heavily when he publicly shamed DC into settling with Superman creators Jerry Seigel and Joe Shuster who were living in poverty prior to the release of the first blockbuster SUPERMAN film.

Creators are gaining an upper hand these days thanks to shame. It is much easier to demonstrate to the public the gross disparity of a struggling, aging and infirm cartoonist as opposed to a monolithic corporation who is potentially making billions off of their creation.

Behind closed doors settlement deals are finally being made and creators are being reigned in before the shaming begins and apparently it is working hopefully for the benefit of all since deserved creators are suddenly falling silent on the issue.

Advocates for comic creators rights have been foaming at the mouth ever since it was revealed that the Rocket Raccoon would be a driving force in the impending bonanza that will be the GUARDIANS OF THE GALAXY film to be released this summer. Rocket Raccoon’s co-creator Bill Mantlo was the victim of a horrible accident in 1992 that has left him brain damaged and institutionalized in a nursing home ever since.  Surely Bill Mantlo would be the perfect poster boy for comic creators rights if he were not to get fair compensation and credit for his contribution.

Let the shaming begin!

What? Not so fast?!

Bill’s brother and legal guardian Mike Mantlo boldly called off the dogs by releasing this statement:

“FOLKS, FOLKS, FOLKS…..please, enough of the hating on Marvel. Marvel has compensated, is compensating, and will continue to compensate Bill well into the future for anything that he’s entitled to compensation for. Please don’t spread false or malicious rumors, gang. Bill’s relationship with Marvel is EXCELLENT, and I wish for it to continue to be so. And all the false or exaggerated “facts” being tossed around about his accident (he was NOT in a coma for “years”, and the family was NOT put into financial ruin or destitution, among other WRONG “facts”). Yes, Bill was the victim of a horrible and tragic accident. Blowing everything out of proportion does no one any good. You guys (ALL OF YOU) have been a Godsend to Bill for these past 22 years by keeping his name & reputation alive, and by continuing to champion my cause of helping him improve his quality of life in whatever way I can, and I thank you ALL sincerely for that. Please, let’s try some positive energy for the fu! ture, so that BILL MANTLO WILL RULE FOREVER!”

In another release he states:

“Folks, on behalf of Bill I urge everyone to SUPPORT the “GUARDIANS OF THE GALAXY” film, and help it have TREMENDOUS SUCCESS. That will benefit Bill Mantlo more than anyone could ever imagine”

Give Marvel and Disney some credit for recognizing that they were not going to be able to compete with the public hazing generated by support for a severely handicapped writer in a wheel chair that is responsible, along with artist Keith Giffen, for what looks like will be the fuzzy, break out star of the summer, Rocket Raccoon, who would have surely been a rabid thorn in their side if they had not struck preemptively.

Thank you!

It will be a pleasure to watch a Marvel film for a change without experiencing some kind of guilt for knowing that a creator or an heir (Most notably, Jack Kirby and his family) has been left unfairly compensated.  If only this could be the fundamental business practice of the comics industry from now on.

Let’s keep the ball rolling!

Maybe the big guys have finally realized that he positive PR generated from treating creators fairly is in everyone’s favor including their own.

Like Mike Mantlo, I sincerely hope that GUARDIANS OF THE GALAXY is a monolithic success. I know that because of Bill’s situation, he will never truly be able to enjoy any measure of profit that is generated by the film, though it will surely benefit his care.  The comfort is that ,in the shadow of the film’s great success , his personal story will become such a high profile subject that he will be immortalized in the pantheon of comic book and pop culture history where he belongs.

Bill Mantlo is a reminder to us all that though money is important it does not last forever and it is purely materialistic. Being recognized and acknowledged for our contributions and creations is what seals a place in history and in the hearts of all that enjoy our work.

Acknowledgement and acceptance is what creators, regardless what art they practice, truly live for.

So when the credits role by, and should you hopefully see Bill Mantlo’s name, jump out of our seat and cheer so loud that he feels the warm tremor as he sits in his nursing home beaming with pride because he knows in his soul that he is loved for something he created.

Gerry Giovinco

Fans of Bill’s work can follow updates from his brother on the Bill Mantlo facebook group .

Make donations here.

or mail Bill cards and well wishes to:

Bill Mantlo

c/o Queens Nassau Nursing Home

520 Beach 19th Street

Far Rockaway, NY 11691


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