I know I stopped reading because of the crossover overkill. I'll pick up trades but I'm not putting out 20 dollars a week to still miss parts of a story.
If marvel wants to start making money introduce the writers you have exclusives with to the larger world. Three stories begging for any kind of live action are Criminal, Powers and the Hood (yes I know BKV isn't tired down by marvel.) They aren't tired IPs that everyone already knows. #disneymarvel
As a former financial specialist, economist, and still a fulltime comic fan, I sold my stake in marvel the day this deal was announced. The next few movies are still outside of the mouses house. So while there is no doubt that disney will market the crap out of every marvel brand imaginable and make some good coin, I don't see marvel doing much better.
The movies are hit and miss. For every spiderman, there is spiderman 2 and 3. 3 being the one that might have killed the franchise. For every Ironman there is Punisher and Elektra.
If they can avoid cheap productions running roughshod over decent titles, they will be ok. #disneymarvel
@HarbingerTG: Clearly, The Mouse House was in this for the IPs. I think the big issue is how much the litigation is going to cost them securing those IPs (considering how slapdash many of the contracts were), and how many properties they're going to lose/payouts to creators. Disney bought Marvel for such a high price relative to their P/E ratio that they're in this for the long haul... #disneymarvel
@PVIII: Well, IIRC, MVL was hovering near 40/share before the economy tanked so it isn't a bad call. There is so much IP they can monetize along with banana montana and the clonas bros.
And if memory serves correctly. Marvel borrowed money from itself to open their studios with 10-20 lesser titles as collateral. I still haven't figured out how they pulled that off.
I also believe some MVL shareholders petitioned to stop the buyout, but I don't know where that case is currently standing. #disneymarvel
I don't think this is really that big of a deal or should be a massive surprise.
Marvel's film branch is going to be a bigger cash cow and more popular than the original comics imprint.
Any year where they don't have any significant major film releases is naturally going to mean a lack of interest in their books and merchandising compared to a year that had 2 major movie releases.
We're still in the lull period before their ambitious cinematic gameplan starts to play out with Iron Man 2, then Thor, Captain America, Avengers, etc.
When that happens Marvel's worth could jump well past what they saw last year. Which is probably why investors wouldn't be too worried too as today the stock is still pretty much the same level as it was since the Disney buyout.
Graeme, I think you're more in the right about how big a part the movies are in the Marvel brand now; even having X-Men Origins : Wolverine in theaters is worth more than all of their comics put together.
While they will try to continue and keep the comic book end profitable with the cross-overs and big events, I think Marvel's best bet money-wise is to use the comics as a platform to develop new IPs for movies and video games - i.e. Runaways.
@Brian St. Claire: Since X-Men Origins: Wolverine was developed by Fox, I can't imagine how Marvel made money off of it, especially since those same people who saw itaren't going to go out and buy the comic after watching that abortion of a movie. #disneymarvel
You better not mean Incredible Hulk. That movie was good.
Also, why is the Hulk the first of the Marvel film series' to embrace alternate comic titles for movie sequels?
I think the Amazing Spider-Man or The Uncanny X-Men or Invincible Iron Man would have been great titles for those series instead of the usual numeric markings.
Plus, how cool would it have been if the movie posters paid better homage to classic covers from their respective series? (Spider-Man especially!)
Missed opportunities across the board if you ask me. #disneymarvel
@AldoraGreel: I rather they just gave the movies title's that corresponded with the film's specific plot or theme. In the same way an overarching comic story has a single name.
I think Batman Begins and Dark Knight sort of fit into that, although I was kinda disappointed that it wasn't "Batman: Begins" and "Batman: The Dark Knight", if only for cataloging purposes. #disneymarvel
There is the world as it really is and the world as we might prefer it to be. You have to make a living in the world as it is.
I don't disagree with your point if your point is that copyright law has gotten completely out of hand. But given the laws of the moment, I think the Kirby estate would be foolish not to pursue this suit. The whole world has its hand out. If banksters living in the Hamptons can screw the pooch and still say "gimme" to the FDIC or Geithner, I think we can spare the Kirby estate its day in court.
Sheesh!
You don't think Jacob Kurtzberg cared about his family? It's the main reason he wasn't more of a troublemaker - he was trying to shelter, feed and clothe his family! He tried to avoid courtroom entanglements because he was always hoping to get more work or money by playing within the existing system as a gentleman. With hindsight we might call that a devastating miscalculation. Sadly, Kirby grew up in a time when people were taught to know their place - you stated your claim and then stopped pushing because some sense of common decency should kick in with your opponent and things would then work themselves out. Ultimately, that's what his story "Street Code" is all about. Kirby grew up in a time and place where even the petty crime bosses had a sense of common decency.
Kirby didn't know how to fight these greedy Marvel bastards in court. Jack didn't know how to deal with people without a sense of common decency. He didn't know that the bloodsuckers at Marvel could and would outlast him with their greed. The mistaken notion that Kirby sued Marvel a few decades back arises from the fact that Marvel lawyers were always trying to get him to sign papers in order that Jack might reclaim his original artwork. Most artists were made to sign a one page waiver of some kind, but Kirby's document was to be a several page, complicated affair. Of course, as most of the artwork had already been looted, the lawyers were actually trying to get him to sign away his authorial claims for almost nothing in return.
Dave Sim, another comics pro, would probably opine that Kirby had the classic problem of having made some kind of agreement - contractual or not - with an entity much larger than himself. The larger entity has the legal team, the time and the money to make one agree with whatever they want.
This is one small salvo to correct the savage injustice done to the artist we know as Jack Kirby. However you want to divvy up the percentage of authorship over various Marvel characters, Jacob Kurtzberg has the moral right to be identified with the work he created and his family now has the right to financially benefit from it.
btw, to Robert Boyd:
I'm sorry, but you don't know what you are talking about. If you are receiving a salary to create FOR a company, the work IS the property of the company, UNLESS an alternate agreement has been signed by both parties.
I'm not saying any of this is fair per se, it's just how the laws are set up. Artists that can start and manage their own companies do— think Todd McFarlane of McFarlane Toys or Herb Alpert, the 'A' in A&M records.
Kirby et al made the comic companies money (NOW, as it turns out, quite a bit of money), and by those same companies distributing his work, they (quite unintentionally) made him— a legend.
@yrag: Sorry, but copyright law doesn't work that way. Unless you have signed an employment agreement that gives the company ownership of intellectual property that you create under their employ, they do not have any sort of automatic ownership of what you produce. That's why almost any job you get today involves signing a boilerplate contract assigning ownership of what you create over to the company.
I don't understand some of the arguments against the Kirby heirs getting some rights (which translates ultimately into some marketing money). If they don't get the money, that just means Marvel shareholders get it. Why are Marvel's shareholders more deserving than Kirby's heirs? That question will be answered in a court of law. But I certainly don't see how Marvel's shareholders have any sort of moral right to profit from the imagination of an artist who was treated iniquitously and shabbily by Marvel.
@Robert Boyd:
It's because people think (mistakenly, IMHO) that the Kirby family will "pull a Fox" and try to delay further Marvel projects, like Fox did with Watchmen. The situation is very, very different. The Kirby family would be much better served by a strong Marvel releasing new stuff with the characters.
Like I said, I don't care if it is "only his heirs," Marvel screwed him over, it's time they pay up.
If a suit walks up to you on the street and says something along the lines of, "Hey! Artist type! Do some work for me and I will pay you" And your response is "Okay. I will do some work for you in return for money agreed upon." You are now an employee. So then you draw/write/record something brilliant and Suit and Co. makes millions off of it. Bummer. You should have kept that idea on the back burner. If you work for a company, your output is their property. Simple. You aren't getting screwed, you are working. There is even a flip side, what about all the artists over the years that sucked terribly but still got paid because of their contract? I am sure Suit and Co. would love to say something along the lines of, "This isn't fair. We hired you under the impression that you were good. Now we are out X amount of $ with nothing but a lump of shit to show for it." Ultimately? Opportunities are missed daily and it's not like Jack Kirby missed 'em all.
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was starred
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was unstarred
@Dr.Quatermass: Actually you are incorrect. Unless you sign a contract signing over the rights to your work to the company, you own it. They absolutely do not own it just by virtue of paying you for it. Copyright belongs to the creator unless the creator relinquishes it. That is why there are "work-made-for-hire" contracts given to freelancers, and why employees usually have to sign an employment agreement that gives the company rights to the intellectual property you develop while employed by them. If they did not get your signature on such a contract, you own the copyright.
Copyright law has changed over the years, and companies have done all kinds of things to try to retroactively secure copyrights. In the case of the Kirby estate, who knows what kind of contract--if any--Kirby signed before he created the Fantastic Four and the Hulk and the Avengers, etc?
@Robert Boyd: My comment is in response to the idea that any of this is "unfair." Yes, it is likely that Kirby never signed anything expressly handing over his ideas, but this isn't a movie, there are probably no plot twists. He most likely signed a contract. We all do...almost every position anyone ever accepts is on the grounds that you do sign that contract. At the time of these glorious ideas of Kirby's, I am not sure he has much weight to swing around, and by all accounts, Kirby doesn't seem like the kind of guy to do that.
While I didn't actually say that there is a contract involved, it's pedantic to point it out. It's inherent. The entire question revolves around the specifics in said contract. Wondering if there was one ever signed is strange to me. Maybe there wasn't a contract, but I highly doubt it.
Edited by Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. at 09/21/09 2:38 PM
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was starred
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was unstarred
@Dr.Quatermass: Even if there were no written contract, that was industry standard practice for the time, and was backed up by many court cases, including when Marvel sued the creators of Captain America (which included Kirby himself - Kirby publicly agreed with Marvel's position and settled out of court. His partner didn't and lost the case.)
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was starred
Dr.Quatermass: I have to say Dr. You are once again spot on with that oberservation and anything I am about to say that contradicts this statement is strictly for humor sake. was unstarred
I belong to a family that owns a fairly large company. Now that the head of the family is in his 80s, the entire 'fam' is circling like wolves to get as big of a piece of the pie as possible.
It's exactly that kind of attitude that keeps me from talking to most of my family and out of the biz, but it serves as an example of what may be happening here.
Does Jack Kirby deserve more credit? Sure, though I think every single fanboy out there knows exactly who he is and what he did.
I've seen how families can get crazy about money, and even lie to themselves and say it's something they 'deserve.' This strikes me as that. Especially so close to the Disney deal.
Still, even if they win (very unlikely)? No Spider-Man. That's got to hurt.
I find it unsettling how everyone was ok when it was Stan Lee suing Marvel when the movie hit it big. A common sentiment was that people felt Stan was owed his dues. But now that Jack’s family is seeking some kind of legal action that there are so many people are willing to spit on Jack’s legacy.
@DyslexicDan: If Kirby was alive and taking this action on his own behalf, instead of family members swooping in on a huge jackpot, you might have a point.
@MonkeyT:
The reasons for that was that he was in poor health and didn't want to put his wife through the legal process. Still doesn't make what Marvel did right.
@Smeagol92055: Wow. I dunno, I just watched THE INCREDIBLES again (for maybe the fourth time) just a week or so again. It's hard to believe a sequel could be as good as the original. It's got the whole package: story, characterization, art, direction, soundtrack, action, thrills, humor, great resonance for middle-aged men thinking about their mid-life crises (not that I'd know, personally, you know, just sayin').
It's not just the one of the best animated films I've ever seen, it's one of the best films period.
@Chip Overclock: I agree with everything you just said... but as much as I hate pointless sequels, I would say that The Incredibles, if given the right script, could make for a fantastic series of films.
11/04/09
11/20/09
11/03/09
11/03/09
11/03/09
If marvel wants to start making money introduce the writers you have exclusives with to the larger world. Three stories begging for any kind of live action are Criminal, Powers and the Hood (yes I know BKV isn't tired down by marvel.) They aren't tired IPs that everyone already knows. #disneymarvel
11/03/09
The movies are hit and miss. For every spiderman, there is spiderman 2 and 3. 3 being the one that might have killed the franchise. For every Ironman there is Punisher and Elektra.
If they can avoid cheap productions running roughshod over decent titles, they will be ok. #disneymarvel
11/03/09
11/03/09
And if memory serves correctly. Marvel borrowed money from itself to open their studios with 10-20 lesser titles as collateral. I still haven't figured out how they pulled that off.
I also believe some MVL shareholders petitioned to stop the buyout, but I don't know where that case is currently standing. #disneymarvel
11/03/09
Marvel's film branch is going to be a bigger cash cow and more popular than the original comics imprint.
Any year where they don't have any significant major film releases is naturally going to mean a lack of interest in their books and merchandising compared to a year that had 2 major movie releases.
We're still in the lull period before their ambitious cinematic gameplan starts to play out with Iron Man 2, then Thor, Captain America, Avengers, etc.
When that happens Marvel's worth could jump well past what they saw last year. Which is probably why investors wouldn't be too worried too as today the stock is still pretty much the same level as it was since the Disney buyout.
11/03/09
While they will try to continue and keep the comic book end profitable with the cross-overs and big events, I think Marvel's best bet money-wise is to use the comics as a platform to develop new IPs for movies and video games - i.e. Runaways.
(Where IS my Runaways movie, anyway?) #disneymarvel
11/03/09
11/03/09
11/03/09
11/04/09
11/03/09
Also, why is the Hulk the first of the Marvel film series' to embrace alternate comic titles for movie sequels?
I think the Amazing Spider-Man or The Uncanny X-Men or Invincible Iron Man would have been great titles for those series instead of the usual numeric markings.
Plus, how cool would it have been if the movie posters paid better homage to classic covers from their respective series? (Spider-Man especially!)
Missed opportunities across the board if you ask me. #disneymarvel
11/03/09
I think Batman Begins and Dark Knight sort of fit into that, although I was kinda disappointed that it wasn't "Batman: Begins" and "Batman: The Dark Knight", if only for cataloging purposes. #disneymarvel
11/03/09
Sigh. #disneymarvel
11/03/09
09/22/09
There is the world as it really is and the world as we might prefer it to be. You have to make a living in the world as it is.
I don't disagree with your point if your point is that copyright law has gotten completely out of hand. But given the laws of the moment, I think the Kirby estate would be foolish not to pursue this suit. The whole world has its hand out. If banksters living in the Hamptons can screw the pooch and still say "gimme" to the FDIC or Geithner, I think we can spare the Kirby estate its day in court.
Sheesh!
You don't think Jacob Kurtzberg cared about his family? It's the main reason he wasn't more of a troublemaker - he was trying to shelter, feed and clothe his family! He tried to avoid courtroom entanglements because he was always hoping to get more work or money by playing within the existing system as a gentleman. With hindsight we might call that a devastating miscalculation. Sadly, Kirby grew up in a time when people were taught to know their place - you stated your claim and then stopped pushing because some sense of common decency should kick in with your opponent and things would then work themselves out. Ultimately, that's what his story "Street Code" is all about. Kirby grew up in a time and place where even the petty crime bosses had a sense of common decency.
Kirby didn't know how to fight these greedy Marvel bastards in court. Jack didn't know how to deal with people without a sense of common decency. He didn't know that the bloodsuckers at Marvel could and would outlast him with their greed. The mistaken notion that Kirby sued Marvel a few decades back arises from the fact that Marvel lawyers were always trying to get him to sign papers in order that Jack might reclaim his original artwork. Most artists were made to sign a one page waiver of some kind, but Kirby's document was to be a several page, complicated affair. Of course, as most of the artwork had already been looted, the lawyers were actually trying to get him to sign away his authorial claims for almost nothing in return.
Dave Sim, another comics pro, would probably opine that Kirby had the classic problem of having made some kind of agreement - contractual or not - with an entity much larger than himself. The larger entity has the legal team, the time and the money to make one agree with whatever they want.
This is one small salvo to correct the savage injustice done to the artist we know as Jack Kirby. However you want to divvy up the percentage of authorship over various Marvel characters, Jacob Kurtzberg has the moral right to be identified with the work he created and his family now has the right to financially benefit from it.
09/21/09
I'm sorry, but you don't know what you are talking about. If you are receiving a salary to create FOR a company, the work IS the property of the company, UNLESS an alternate agreement has been signed by both parties.
I'm not saying any of this is fair per se, it's just how the laws are set up. Artists that can start and manage their own companies do— think Todd McFarlane of McFarlane Toys or Herb Alpert, the 'A' in A&M records.
Kirby et al made the comic companies money (NOW, as it turns out, quite a bit of money), and by those same companies distributing his work, they (quite unintentionally) made him— a legend.
09/22/09
09/21/09
09/23/09
It's because people think (mistakenly, IMHO) that the Kirby family will "pull a Fox" and try to delay further Marvel projects, like Fox did with Watchmen. The situation is very, very different. The Kirby family would be much better served by a strong Marvel releasing new stuff with the characters.
Like I said, I don't care if it is "only his heirs," Marvel screwed him over, it's time they pay up.
09/21/09
09/21/09
Then how come Stan Lee was treated very differently?
At the very least, give them back *all* the original art.
09/21/09
Copyright law has changed over the years, and companies have done all kinds of things to try to retroactively secure copyrights. In the case of the Kirby estate, who knows what kind of contract--if any--Kirby signed before he created the Fantastic Four and the Hulk and the Avengers, etc?
09/21/09
While I didn't actually say that there is a contract involved, it's pedantic to point it out. It's inherent. The entire question revolves around the specifics in said contract. Wondering if there was one ever signed is strange to me. Maybe there wasn't a contract, but I highly doubt it.
09/21/09
09/22/09
09/21/09
It's exactly that kind of attitude that keeps me from talking to most of my family and out of the biz, but it serves as an example of what may be happening here.
Does Jack Kirby deserve more credit? Sure, though I think every single fanboy out there knows exactly who he is and what he did.
I've seen how families can get crazy about money, and even lie to themselves and say it's something they 'deserve.' This strikes me as that. Especially so close to the Disney deal.
Still, even if they win (very unlikely)? No Spider-Man. That's got to hurt.
09/21/09
09/21/09
09/21/09
09/21/09
He sure as hell tried when he was alive.
09/23/09
The reasons for that was that he was in poor health and didn't want to put his wife through the legal process. Still doesn't make what Marvel did right.
09/21/09
09/21/09
09/21/09
It's not just the one of the best animated films I've ever seen, it's one of the best films period.
09/21/09
09/21/09