Petition on Change.org: Should Jack Kirby’s Heirs Receive Royalties For His Work?
The iconic Captain America, created by Stan Lee and Jack Kirby. via comicsbeat
A fan on Change.org has started a petition to try to convince Marvel to acknowledge Jack Kirby’s creative input on important characters (such as the ones in the upcoming Avengers movie) and give his relatives “just compensation” for the use of said characters. Kirby’s estate sued Marvel back in the summer, but lost due to Kirby’s original work-for-hire contract. They are now in the process of appealing.
Here’s the problem: Kirby’s heirs don’t have a legal leg to stand on. You can’t come back later and say “even though I signed that contract, you clearly got the better deal, so… pay up.” He was hired under a work-for-hire contract, and his work was directed by Marvel. He left Marvel when he realized what a bad deal he was getting, as many of their other artists have over the years.
In this case, it’s Kirby’s kids who are trying to receive “just compensation” for their father’s art. This is just a guess, but I’m betting if Marvel wasn’t making millions in Hollywood, they wouldn’t suddenly be clamoring for the rights to those characters.
Jack Kirby was a pioneer in the comics field, and he and Stan Lee created some amazing characters and stories. Unfortunately, he had no idea his work would be so seminal or have so much potential for future profits. Marvel took precautions, and their bet paid off. I don’t think Marvel denies the importance of Kirby’s work, but they own that work and all the profits it makes. That doesn’t make it fair; the fact that Kirby was paid a pittance for work that has made Marvel millions in profits is sickening, and a warning to anyone who wants to work for them.
From a purely legal standpoint, however, the appeal seems doomed to fail. So, someone has started a petition to persuade Marvel, out of the goodness of their corporate hearts, to voluntarily give Kirby’s heirs “just compensation”:
We strongly urge Marvel Entertainment and its owner Disney to acknowledge Jack Kirby’s authorship and primary role in the creation of these characters. As well, we urge Marvel to pay Kirby’s family royalties or other just compensation for the use of these characters and stories.
Until such a time as Marvel can make things right with Kirby’s legacy and Kirby’s family and heirs, we may refuse to purchase any Marvel product, including comic books, movies, toys, or games. We ask Marvel, Disney, and its shareholders to act ethically and morally in this situation, just as their characters would.
If I agree with anything about this petition, it’s that Kirby should receive more credit for the art he created. Some recognition wouldn’t hurt anything, and might actually make Marvel look good. Royalties, however, imply ownership, which Kirby’s family doesn’t have, and “just compensation” should only go to the person who created the work. If he had owned the rights and passed them on to his kids, that would be a different story.
And you guys, I hate to sound jaded, but there’s not a Marvel fan out there (ok, maybe one or two hardcore Kirby fans) that is going to not buy Marvel products or watch the new Avengers movie, and Marvel knows it. “We may refuse to purchase any Marvel product..” Come on, by hedging your bets with that “may”, you’re not even kidding yourselves.
The lesson here: don’t sign work-for-hire contracts. Or, if you do, make a name for yourself and then get the hell out.
At the risk of being ‘that guy’, it’s not going to happen.
I agree with you, Ashley, that Marvel should step up and make it clearer just who is responsible for these characters, but going as far as monetary compensation is setting a bad precedent.
Kirby signed a contract, for better or worse. Marvel made out for the better on it and sadly, that’s the way these things work. It would be interesting for someone to contrast Kirby’s work with the work of other artists on the same contract who’s creations didn’t take off.
Unpopular Big Tim time: I think as crappy as his original contract was, Kirby was paid for his work.
Real world example: If the old warehouse I used to work for adopts methods and measures that I put into place there, to run the place more efficiently, once I’ve moved on, they use the suggestions I came up with while on their payroll. They put these ideas into practice and it increases productivity 100 fold and they get rich as hell? Am I entitled to a cut? No.
If Jack Kirby was running the gauntlet to be released from an unfair contract, I’d stand behind him. But third parties trying to cash in on his work? Sorry. No bone.
But now that comic books have the potential for big money, greedy little fingers trying to get into the pie is a pretty common sight.
I’m also looking at the recent Ghost Rider and Walking Dead court cases.
I don’t mean to sound insensitive, but that’s my thoughts on the thing.
Yeah, this is one of the cases of the creator (or their family) being out of luck. Classiest move here would be Marvel donating a chunk of cash in Kirby’s name to the HERO initiative, or a similar org that helps older creators.
Garr, and I used the wrong “who’s”, grammar fail. Now Andrew will beat me and send me to bed hungry.
Couldn’t Marvel make a special case for Kirby and family? This isn’t like the Fredrich/Ghost Rider thing (as crappy a situation as THAT is) with just one character; Kirby’s characters are the bedrock of the Marvel Universe and are still popular and highly profitable. We’re talking about some material that has sustained them for 50+ years and counting! Didn’t Stan Lee get some money out of a settlement with Marvel a while back? Why not Kirby?
Heaven forbid a corporation be magnanimus in anyway that cuts into their profit even by a fraction of a percent.
Yeah, okay. I’ve been reading up on this and the Ghost Rider Guy and the Thor case and the Walking Dead thing and I have to say I’m torn.
I think I’m understanding boths sides of each arguement too much and wouldn’t want to have to make a judgement on it.
All I can say is; Creators? Double check your contract and cover your bases. Learn from these cats.