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From: boyajian@akov68.DEC (JERRY BOYAJIAN)
Newsgroups: net.comics
Subject: re: Creators' rights
Message-ID: <367@decwrl.DEC.COM>
Date: Fri, 10-Jan-86 07:56:08 EST
Article-I.D.: decwrl.367
Posted: Fri Jan 10 07:56:08 1986
Date-Received: Mon, 13-Jan-86 01:15:48 EST
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> From:	hpfcla!neutron	(Jack Applin)
 
> I had the impression that Marvel was dragged kicking and screaming into
> the world of creators' rights.  Anybody have any facts?

The facts are that Marvel doesn't give a shit in the springtime about
creators' rights. They were the last of the comics publishers to make
arrangements to return art to the artists, and that only because of
pressure from the Academy of Comic Book Artists. Secondly, they came
up with a real winner of a contract for their creators, which specifies
that work done for the company is "work for hire". Any creator that
signs this contract waives all possible of suing for copyright claims
for characters that they create (Marvel didn't want another Steve Gerber/
Howard the Duck debacle) in the process of working on Marvel comics.
Partly, this was in response to the new copyright laws which went into
effect in the 70's. Thirdly, they are requiring artists who've done work
prior to the new copyright laws to sign a waiver stating that work done
prior to the new laws was "work for hire" before returning artwork to
said artists.
	The reason for this last is rather complex. You see, in 3 years,
the copyrights for Marvel's first superheroes, the Fantastic Four, comes
up for renewal. Stan Lee and Jack Kirby, as co-creators of the characters,
can file for co-ownership (with Marvel) of the characters. If Kirby signs
the waiver (which he refuses to do), he waives all claim to the characters.
Because Kirby refuses to sign the waiver, Marvel is not returning his 60's
artwork to him, even though he is entitled to it (note: as far as I know,
Stan Lee is not interested in filing for co-ownership; also, as far as I
know, Steve Ditko has sign the waiver, which means he cannot file a claim
for co-ownership of Spider-Man, when *it* comes up for renewal).

Creators' rights? Marvel doesn't know the meaning of the term. Their claim
in the THOR letter column is a bald-faced lie.

The facts are that Frank Miller has walked out on Marvel in support of Jack
Kirby, and rumors are that others will follow.

--- jayembee (Jerry Boyajian, DEC, Acton-Nagog, MA)

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