Yes, I am going there. But for all the right reasons. For a little while now, a court case has been under way to get back the rights or at least get royalties from Marvel Comics for the late Jack ‘King’ Kirby and his heirs from the 100s of millions made from creations which without Kirby would not exist, such as Hulk, Fantastic Four, and oh, that money spinner, X-Men. Every comic fan/reader must know about Kirby for it goes without saying, that he is as important to American/Western comics as Leonardo Da Vinci is to modern art and as Anant Pai was to Indian comics.
As you may or may not be aware of, this past week saw the final verdict given on the decades long struggle between the estate of Jack Kirby and Marvel Comics -which is owned by Disney. The court ruled ‘legally’ in favor of Marvel Comics. And therefore all rights to Kirby’s work will remain in the hands of Marvel to do as they see fit and as with any powerhouse they have every right to. Rich Johnston of Bleeding Cool has been so cool as to place the entire ruling up for all fans and interested parties to read for themselves. So, I am not gonna try and explain the legal fine print here in this column, but do have a read for yourselves. It will give you a good understanding of how far things have come.
|Capt. America #1|
For years, to all of us who have/had been Marvel Comics fans due to the great ensemble of superhero and mutant books put out by the stable. The company for years helped various artists and writers to break into the medium in the USA. Having grown into a pop culture icon, Stan Lee has taken the characters Jack created in a whole new universe. Just look at the movies, toys and over the top branding of the recent Thor and now Captain America, both were also co-created by Kirby.
Loyalist and those who believe a person should get recognition for his creations and royalties paid, especially in this age of multi-million dollar lawsuits, and brands which could easily buy some countries around the globe, should at least step aside from the legal decision now that its over, and look to rectify to the Kirby Heirs and to us, as consumers who indirectly allow an injustice to continue by allowing a man like Jack Kirby to continue (even after his passing), to be treated as a Coolie, carrying the bags of Marvel Comics while others reap of his work, slaving for a company, he felt, had for years mistreated him.
As both a writer and artist, not trying to say I am anything of any import among these giants, when I hear about someone who is unfairly treated by companies, I get angry, for lack of a better description. As part of my Bachelors Degree in Digital Filmmaking we discussed at length over ownership rights and work for hire and creations made and or, written whilst in the employ of a company, as the legals issues seem not to allow for creator rights in certain situations, (make sure you read the fine print). You see the law is always clear cut when it comes to who owns what, when and also how long for. But what it sometimes seems to ignore is the emotions, creative passions and angst which comes with trying to bring about something out of thin air.
In this case Marvel Comics have won, and also we must remember as has Disney. The losers are of course, Jack Kirby, who just doesn’t seem to catch a break and his heirs.
Now I am not saying that the fault lies with Marvel Comics or the Kirby Heirs here, but its a done deal. A loser and a winner. But, I as a comic fan and creator feel something needs to be done here for Jack. Its time to let the world know that without him American Comics would not be the rich green pasture it is today and that those comic characters would not have the same appeal they did for fans before us and those who will follow. But it would behove, Stan Lee to at least set the record straight and put the matter to rest as to who did what and when, now that the gavel has fallen. Lets have a clean slate. Jack Kirby will always be King.
Having decided to become a teacher so he can see the world, he has just begun a
Diploma in Digital Media -Multimedia. On the creative side Aru,
is writing and illustrating a graphic novel about the 30yrs of Institutionalised Slavery of
Indians in Fiji from 1885 -1915. He is a prolific script writer and writes in all comic
book genres which include several graphic novels for his own company,
Rising Sun Comics.