MORE last words on the legal case by Jeff Trexler at The Beat:
In so many ways, the legal story has become just as much a serial as the comics. And because it still seems unresolved in many peoples’ minds, equally as mythic.
MORE last words on the legal case by Jeff Trexler at The Beat:
In so many ways, the legal story has become just as much a serial as the comics. And because it still seems unresolved in many peoples’ minds, equally as mythic.
More new news on the lawsuit from Jeff Trexler over at The Beat:
In keeping with the court’s schedule, yesterday Marc Toberoff filed his response to DC’s summary judgment motion in the Superman/Superboy lawsuits. Toberoff has filed these same arguments before, but the accompanying exhibits do include something new: correspondence in which Laura Siegel Larson and the Siegel estates reject a 21 million dollar payment from DC.
Me? I think I give up. So the book is really done, but I’m still adding costly (literally) little bits and qualifiers on the case to be as current as possible. But yeeeesh. I’m just going to say: “Ongoing.” Will that be ok?
Telling moment in the new documents where the two lawyers snipe at each other over SPELLING ERRORS. Hey I do that too but I bet I get paid way less.
EXTRA BONUS SIEGEL/SHUSTER IRONIC LEGAL DRAMA SCENE:
This year marks the 75th anniversary of Superman – but of what? His first publication was in Action Comics #1 in 1938, though the character was actually created several years earlier. It could be March 1, 1938, which was the date on the infamous check that signed away Superman for $130. This exact check is what they received in Cleveland, argued over, then signed – and then fought against, through letters, lawyers, and families, for 75 years.
Trying to figure out what exactly happened with the sale of Superman to the company that would become DC Comics was probably the hardest part of writing this book. For one, there are almost no records and the people involved were conniving, ruthless, and smart. Nobody portrays this shady culture of the early industry better than Gerard Jones in his Men of Tomorrow.
I didn’t want to just re-tell his story, so I dug around into what else was going on with the actual sale of Superman. Why did no one else really touch it for five years? Why only then? I think I’ve figured it out – it’s a theory since there is so little physical evidence – but I think it makes sense. The answer will surprise you.
And that decades-old story that the Superman proposal was discovered at the bottom of a slush pile and magically/instantly put on the cover of a colorful new magazine, thus changing the lives of its creators forever in a stroke of romantic fate?
The powers-that-be knew what they were doing when they bought Superman. I think they knew exactly what they were doing.
The check itself was “found” and then sold at auction for $160,000 about a year ago. The buyer remains anonymous, meaning the check may have ended up in the abyss of a “private collection” rather than in a museum.
Allegedly, the check was rescued from the trash by a DC employee after one of the later lawsuits. Note: The first thing a lawyer will tell you if you are trying to claim ownership of something is, literally, “say you found it in the trash.”
More on private collections later. I’ve met some great collectors – generous and incredibly knowledgeable people who have helped me tremendously – but I’ve also seen the other side of it. The hardest thing about writing about comics is that you really can’t just go the library for everything. Not even close. You have to track people down, somehow say the right things, and then maybe – maybe – you can get close to the truth. Comics creators stretched the truth so much (which was their job, really) that physical artifacts become incredibly important. So the story of finding this stuff is sometimes as bizarre as the story itself – I tell some of this parallel story in the book, just because some of the stories are so good. I got mad plenty of times – and was actually threatened more than once. Never underestimate a collector of things.
Thanks to Tom Heintjes of the great Hogan’s Alley for reminding me of this date.
More last words on the court case at The Beat.
I’ve always been a big fan of The Beat. With the lawsuit, it is literally the only place on the Internet where the late filings and judgments of the case are analyzed and explained — not run as the Most Hyperbolic Headline Possible. Great work: Jeff Trexler with the analysis and Heidi MacDonald for publishing it.
Two weeks ago, as you probably know, the decades-long legal battle between the Siegel (and by extension, Shuster) families against Time Warner Inc. over who owns Superman came to a kind of, sort of, maybe end. I won’t go over the whole timeline; suffice to say it took a long time. Check Trexler at The Beat (again) to get up to legal speed on the ramifications of the case.
It was a big deal, a landmark case of creator trying to get back his creation. Of course, it was not that simple, but it was painted in those broad cartoon strokes: Clark Kent vs. Lex Luthor, David vs. Goliath, the Starving Artist vs. The MBA/JD Suits. We like mythologizing these things. Almost every website googled up some Superman-court-judicial image (SEARCH: “Superman” “trial”) to accompany their reporting of the progress of the case .
The end ruling came that the Siegels will get an earlier settlement, a very substantial one, but they will not have any ownership of the character, though they will, allegedly, still participate in royalties, which is very owner-like. The Shusters get the settlement they had always had, which is much, much less. No one is talking about that, either.
The Siegels could still try an appeal to the Supreme Court, but people smarter than me say this is remote. But never say never. DC played the long game, some argue, and it worked. Though “worked” is a very relative term: Jerry, Joe, and Joanne Siegel, Jerry’s widow and the model for Lois Lane, died before seeing the end of the case. There’s more to be said there that I just don’t want to imagine. But there may be a longer game at hand. You know the families’ names now. Their story will always be entwined with that of the character, copyright or not. That is a different kind of ownership. And, along with the unprecedented settlement, a substantial sort of victory.
What I don’t get is that this, the big, true news comics story of the last two decades (right?), finally ends — and yes there was coverage everywhere, for maybe a day, but people (fans, creators, punditos) are SILENT AS LORD BOLTAGON. No one is saying anything. Fans too seem apathetic, either mystified by the numbers and legalese or in outright denial.
Has the story passed us by? Is it now a quaint WIkipedia entry from a bygone age? Or has the switch now been flipped on a fully operational Death Star? Corporate comics, post-Avengers and with this decision, seem to be more powerful than ever. Superman began, unequivocally, as the ultimate indie comics creation. But you can see the plus to corporate ownership: DC Comics kept Superman in popular culture for 75 years — this is not an easy task in America. But what does it tell the people who imagine things? What does it tell the kid who just got out his best crayons?
Or is it just that we don’t know which side won? And what that is?
As always, CHINA KNOWS THE ANSWER. In faraway Changzhou, a brand-new amusement park called “Joyland” just opened, dedicated to the monstrously popular World of Warcraft MMORPG. Complete with grim, towering statues and speeding rides, the park cost $48 million to build. According to reports, it is not owned, approved, or sanctioned by Blizzard Entertainment, the company behind WoW. It is completely unauthorized.
What th-? Why? How? Surely Blizzard knows about it. Photos and video are on Reddit. The photos on Imgur have over 64,418 views. So why is this park still open? Is Blizzard weighing — or have they already — the cost of shutting this thing down against the good PR it gives them among their fans who keep their product sucking bandwidth? Or is this the new model for continued popularity of a colossal IP in the transmedia age? Lucas did it with letting fan films go — + Family Guy, + Robot Chicken — and now everyone’s talking/caring about a new Star Wars film. In the face of tons of vocal nerd backlash, he, in some ways, gave the property back. He let people participate. He let them play.
DC did the same in 1975 with Jerry and Joe when they gave them a settlement even though they had no legal mandate to do so. Could it do the same now in regards to evening out the settlements? DC just settled with a freaking barber shop in Florida over copyright infringement. As you will see in the book, Joe Shuster was ABSOLUTELY the co-creator of the character, not “just the artist.” You will be surprised.
What Joyland perhaps tells us is that now, in the era of big corporate owned entertainment over multiple digital platforms (Blizzard is owned by Vivendi of France) and especially during a recession, the ownership of characters does not mean the control of consumption. Transmedia characters begged to be played with. The toys must be shared. Should that approach include the creators as part of a good business plan? What this means for Superman is unclear: will Time Warner offer an equitable deal to the Shusters? Will both families join with DC to celebrate the character’s 75th anniversary in a united front? Will DC license Superman to Image for a yearlong series by Rick Remender and Paul Pope? Or Hope Larson? Better yet, why would we assume these creators would even want to go near these properties? As with Joyland, is ownership over our giant fictions now a relative term? Or could they do something bigger for the overall problem of character ownership and royalties? Or are we due for more silence, and uncertainty from all sides about the state of the artists in the art.
On Google today, work for hire with the promise of fame:
UPDATED: Jeff Trexler just contributed another great post about what the parties *could* do over at The Beat. It is really hopeful, which is why I love it. But it also again highlights the tremendous cost of this case on the families. My book is unauthorized, but the Siegels and Shusters are good people. Can’t ever say that enough.
I haven’t seen Gangster Squad yet. Seemed kind of anti- after Zero Dark Thirty. Sean Penn as Mickey Cohen looks interesting — but what is it putting Jay-Z as anachronistic soundtrack to a period film? I like Hova but HEREWEGO (SLO MO GUNS) UH-UH. Yeah, I don’t know. Same with 42. LA Confidential didn’t need that.
Anyway, Jerry and Joe did a LOT of cool comics pre-Superman that are just really raw and great. One of the best was Radio Squad, which started before Action Comics #1 in the late thirties.
It’s two-fisted, buddy copy mayhem up against gambling, the mob, and ALL CRIME.
No superpowers, but tons of great Joe cars that he copied out of advertisements. Some really cool stuff in these comics, as you’ll see. They based the whole thing off a Hollywood film as well as the Cleveland police force. You can see where things were going.
Radio Squad even gets into the courtroom once in awhile. You know how contemporary indie comics tend towards autobiographical stuff? All started here.
BONUS COVERAGE: Now with more Jay-Z because I may secretly like anachronistic soundtracks (click image to LIVE LARGE)
Mash-up courtesy of Kerry Callen and Chris Sims as part of Comic Alliance’s “Great Comics that Never Happened.”
I don’t want to turn this into CourtTV, but here is a helpful summary of last week’s judgment in the Superman case by pal Mike Sangiacomo, ace reporter at the Cleveland Plain Dealer. More from Mike later, but his article is the only one to have a quote from Laura Siegel Larson (Jerry’s daughter) in it, so definitely worth sharing.
The Superman Homepage also has a LIVE podcast TONIGHT Monday, January 14 at 8.30pm PST in the U.S. with comics legal analyst Jeff Trexler who is, in my opinion, the expert voice on the lawsuit.To listen in, visit www.SupermanHomepage.com/live at 8:30pm PST.