Supreme Court to Rule on Jack Kirby Case?

Updated at the bottom.

Readers of this blog know of my interest in creator rights and the work of Jack Kirby.  Kirby was one of the most prolific comic book artists of the 20th century.  It's not just that he turned out an enormous amount of work, it's that he created more characters - both heroes and villains - than anyone else.

At the time he did his work, the comic book business was run by people with questionable ethics and business practices.  As a result, Marvel does not have a clear title to the characters Kirby created and Kirby's children have fought in court to recover the copyrights to their father's work.  So far, the courts have ruled in Marvel's favour.  However, the issue is not yet resolved and the Supreme Court of the United States will soon decide whether to hear the latest appeal.  In the corporatist time we live in, I'm skeptical that the court will rule against Marvel and Disney, but there is still a chance.

The Hollywood Reporter has the latest on this case and it is worth reading.

If you create material that you pitch to broadcasters or studios, you own the copyright to your work.  While the thrill of a sale can be overwhelming, don't lose your copyright without fully understanding the repercussions.  It is the single most valuable part of your creation.  If Jack Kirby owned the copyright to his characters, his life would have been very different and each of his four children would be multimillionaires.  Instead, Disney is not paying the estate when they reprint Kirby's work or when they make blockbuster movies featuring Kirby's characters.

Creative people need to understand what happened to Jack Kirby (and Jerry Siegel, Joe Shuster, and Bill Finger) in order to prevent it from happening to them.  Educate yourself.

Update: The Hollywood Reporter says that the actors, writers and directors unions are filing briefs in support of the Kirby case being taken up by the Supreme Court.  The article points out that the case could have repercussions for the music industry as well.

Super Complicated

Readers of this blog will know how interested I am in creators' rights.  Some of the most famous characters of 20th century pop culture were created under dubious legal and financial conditions.  The copyright to Superman was transferred from Jerry Siegel and Joe Shuster, the writer and artist, to their publisher for the sum of $130.  That was $10 per page for their first 13 page Superman story.  In order to get paid for their work, they lost control of their creation.

The latest U.S. copyright law allows for creators who sold their copyrights to regain them during specific time periods.  If the creators are deceased, their heirs have the right to pursue the copyright.

Jerry Seigel's heirs have filed to regain their half of the Superman copyright.  Joe Shuster's heirs are eligible to file in the near future.  Both are represented by attorney Marc Toberoff.

On the face of it, it's a nice, clear story.  Two little guys were taken advantage of, lost millions of dollars as a result, and now their families are going up against a large multinational corporation to get just compensation.  A David and Goliath story with an ending that should be a foregone conclusion.

However, the story is a lot more complicated and I urge you to read this entry by Daniel Best.  Even if you skip over the actual legal documents and just read Best's commentary (scattered throughout the documents), you can see that the families have made some poor decisions and done some questionable things.  Their lawyer appears to be working for himself as much or more than for his clients.  While I am not a fan of large corporations, Paul Levitz, a comics fan who eventually became publisher of DC Comics, acted more ethically than others in this dispute.

If nothing else, this situation just emphasizes the importance of owning creative properties.  It is important for creative people to understand the problems that can result from giving up ownership.  While the animation business doesn't perfectly mirror the comics business, the issues are the same and stakes are equally high.  If you have created something on your own and are looking for somebody else to finance it or market it, make sure you understand the repercussions of transferring copyright and allowing someone else to establish the trademark.  If not, the result might be several lifetimes of pain and legal squabbling.