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It's time for Property Tax on copyrights
by The_Breeze
Mar 31st, 2008
02:33:56 AM
Copyright law in this socuntry is ridiculous...is NOTHING going to pass into the public domain anymore? Let the big studios pay a property tax on any property they want exclusive rights to after, say 30 years. Oh, yeah, FIRST.
last
by Brians Life
Mar 31st, 2008
02:34:45 AM
Thanks!
by TheRealMoriarty
Mar 31st, 2008
02:35:17 AM
I don't even front when I talk to Harry about comic book history, because I don't know it the way he does. I'm a dabbler. Glad to read this, man, because every comic related message board out there is debating this right now.
By the way, just saw this on Aussie daily Telegraph
by NomoredirtyjokespleaseweareYanks
Mar 31st, 2008
02:39:27 AM
Probably bullshit but they say Hayden Christensen is Supes in Millers JLA. Vader as Superman trippy. Fuck it'd be cool if he was voiced by James Earl Jones.
Looks like the WB just got "Fingered"
by Jobacca
Mar 31st, 2008
02:40:13 AM
HA HA!
Some small justice.
by namasteandgoodluck
Mar 31st, 2008
02:41:02 AM
It's sad that these two men didn't get to benefit the way that modern creators of intellectual property (i.e. JK Rowling) and has always tarnished the Man of Steel's legacy. I truly hope that the estates of Kirby and Ditko are awarded their proper dues as well.
Kirby, Ditko - work for hire
by screech
Mar 31st, 2008
02:49:36 AM
"What about the creators of all those other characters in comics... The Jack Kirby estate? Steve Ditko? Is it possible for the creators to regain control and profit from their creations? This ruling certainly seems to establish that precedent. And it is a powerful (and just ruling)." Nope as their work were 'work for hire'. In Siegel and Shuster's case, Action Comic #1 was completed before they sold it to DC.
Wow so the creators of Spider-Ham will get their dues
by NomoredirtyjokespleaseweareYanks
Mar 31st, 2008
02:52:03 AM
Thank Fuck!
Good for them, but...
by yesiamaplant
Mar 31st, 2008
02:53:56 AM
...the issue I have with this ruling is that Jerry Siegel and Joe Shuster entered into a contract. Whether or not that contract was "fair" has nothing to do with the fact that they signed it to make a quick and easy buck. Even if one ignores this fact (or doesn't care), these two men had an opportunity to later glean more from their character, and instead, once again, chose the quick and easy buck. If they'd had any business sense at all (like Bob Kane, quite the slimy customer, but one who did very well for himself by READING HIS CONTRACTS) they would have settled for a percentage in the 70's, rather than a specific number. But they didn't, and they sadly passed up many hundreds of millions of dollars. Now Siegel is dead, and his family, not him, decide to renege on the deal again, because they can see what a silly mistake he had made TWICE before. Shuster's estate (estate, not family, i.e. bankers who are managing his *gasp* money) has announced their intention to do the same thing, and if they do, you'd better believe Superman becomes quite a bit more scarce than he already is. People, this is not white settlers buying Manhattan for $24 worth of beads and blankets from the Native Americans who didn't understand the worth---this is two men knowingly and willfully selling off the rights to a character rejected by every publisher in town, twice, and not asking for enough, twice. And Ub Iwerks' family would be better served just waiting a few more years, because all of his Mickey-related stuff will be public domain soon, whether Disney likes it or not.
It's easily solved for Warners...
by LordPorkington
Mar 31st, 2008
02:54:25 AM
Change his name to 'Dooperman' and give him a purple cape. Sorted. You have a character that's even better and you don't owe anyone anything! Go Warners! By the way, I wrote all of the Beatles' songs and I haven't seen a penny from Lennon or McCartney, but you don't see me complaining, do you? Fucking Scouse bastards.
They sold it...fuck 'em
by ShiftyEyedDog2
Mar 31st, 2008
02:54:26 AM
I'm tired of people selling away rights to stuff, then later wanting more money or their rights back. You sign a contract, deal with it. Don't like the terms? Don't sign.
They don't own 1/2 of Superman...at least not as we know him any
by The Letter J
Mar 31st, 2008
02:55:40 AM
I'm pretty sure they were only granted what was in Action Comics #1; so no flying Superman, no Lex Luthor or Daily Planet and no Kryptonite. Just the original costume, the original s-shield, original powers and no secret identity of Clark Kent. Also, the reason the family got this was because the boys approached DC with their completed Superman strip - not after they were hired. They were not in DC's employ at the time of the character's creation and therefore it's creation cannot be considered true "work for hire". This is also why this case will have little affect on guys like Kirby and Ditko since they were already in their company's employ at the time of their characters creation.
Kal-el Skywalker
by NomoredirtyjokespleaseweareYanks
Mar 31st, 2008
02:58:17 AM
Now thats an asskickin name.
When Disney characters become public domain owned...
by LordPorkington
Mar 31st, 2008
02:58:40 AM
I know the first thing I'm doing with Donald Duck. I'm going to rape his feathery arse for being so bad tempered. That'll give him a good sense of perspective. Plus it'll teach him for walking around with no clothes on around his bottom half for over half a century. He was asking for it...
Public Domain is a joke
by ShiftyEyedDog2
Mar 31st, 2008
02:59:21 AM
why should anything go public domain? if person or company who created something (or bought permanent rights) wants to keep renewing its rights on something infinitely, they should be allowed to. Why should just anyone and everyone be able to start using a character or something for their own purposes just because a certain amount of time has passed?
Where is she?
by NomoredirtyjokespleaseweareYanks
Mar 31st, 2008
03:00:33 AM
I'm sorry Kal-el,Lois is dead, you killed her..........NNOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOO!!!!!!!!
ShiftyEyedDog2...
by LordPorkington
Mar 31st, 2008
03:09:18 AM
Stuff should become public domain because Donald Duck needs a good rogering from behind. Then I'll pass him on to you and you can have sloppy, feathery seconds. After that, you'll see why my opinion on public domain 'ownage' is correct. Fact.
LordPorkington:
by ShiftyEyedDog2
Mar 31st, 2008
03:13:45 AM
as convincing as your "cuz we could fuck Donald Duck" argument is, I think I'll stick with my current stance. lol
This is bull.
by Reelheed
Mar 31st, 2008
03:15:29 AM
The line should read "(and just) ruling." Otherwise it doesn't make any sense. None. Also repetition only works as emphasis in spoken language IMO "it must have seemed like a tonne of cash years ago. Years ago that must of seemed like a shitload of loot." IMO repetition doesn't work in written language. Also - if you sold me a car you had built by hand for 100 bucks 20 years ago which, since then, I had customized, marketed the arse out of and subsequently sold for a trillion dollars - why on earth would I give you a single penny of that cash?
I agree, public domain sucks
by IndustryKiller!
Mar 31st, 2008
03:16:49 AM
I'd rather just one megacompany is fucking up Superman or whatever character rather than seven of them. It's bullshit that an artist should ever unwillfully have to give up their art to everyone else. I admit I'm no expert on the subject so maybe I'm missing something here.
Superman is fucked from 2013
by messi
Mar 31st, 2008
03:48:08 AM
fuck. This is one character I am ok with being owned by a major conglomerate.
They own Action 1 but the modern Supes isn' that Supes
by messi
Mar 31st, 2008
03:50:31 AM
I could see that coming into court hearing and then some comic dude having to explain Crisis on Infinite Earths and Infinite Crisis. That would be fun, especially when he talks about psycho Superboy Prime.
Disney is going to pay to extended copyright
by messi
Mar 31st, 2008
03:54:04 AM
like they did last time. I can't believe i'm supporting a total right wing greedy Daniel Plainview thing, but I am. I don't want Superman or any comic book characters to become public Domain.
Kal-el Skywalker - definately a badass name
by messi
Mar 31st, 2008
03:55:15 AM
fucking good.
If they get Superman they can't do anything with him
by messi
Mar 31st, 2008
03:56:52 AM
DC owns the modern character and his name, his logo, his Shield, his taglines. What are they going to do with him? Best thing they can do which is best for them is license it to DC. Because they will get nothing out of full ownership.
Come to me son of Jor-El!
by kwisatzhaderach
Mar 31st, 2008
04:01:54 AM
Kneel before Zod!
Damn you Michael Bay
by MCMLXXVI
Mar 31st, 2008
04:04:19 AM
Damn you Michael Bay
ShiftyEyedDog2 is right
by James Westfall
Mar 31st, 2008
04:08:59 AM
I'm glad Siegel and Shuster created Superman. But they made a legit business deal. They sold their characters and the rights to them and received monetary reward that they felt was just - or else they wouldn't have signed on the dotted line.
Messi...
by LordPorkington
Mar 31st, 2008
04:24:45 AM
Firstly, Disney won't bid to buy back the rights because I'll outbid them easily. And if they make me pay through the nose then I'll arse rape Donald and then take Walt out of Cryogenics and rape his anus too. And before anyone cries out that the Cryogenics thing is an urban myth, that's just what they want you to think people! And secondly, ShiftyEyedDog2, how the fuck can you 'stick with your current stance' after my well thought out and brilliantly argued opinion?! Anyway, back to Superman... TallBoy66 reckons the only thing that can kill Superman would be another Singer. That's 100% wrong. Singer is just a mortal man, Superman would rip him to shreds in his sleep. Everyone knows that the only thing that can kill Superman is Kryptonite. Duh!
Imagine how fucking ridiculous it would be...
by The Gas
Mar 31st, 2008
04:26:17 AM
...if Shakespeare's living descendants got a cut of the take from every high school production of Romeo and Juliet. THAT is why we have a public domain. Art's natural state is to be "owned" by all of mankind; copyright exists to encourage the creation of new art by allowing creators to profit from their work FOR A LIMITED TIME. For more information: http://free-culture.cc/
Damn right...
by Sledge Hammer
Mar 31st, 2008
04:34:14 AM
You sell off you rights then fuck you, it doesn't matter how successful, or not, that creation became over the years. A contract is a contract, and they got fair pay for the contract at the time they did it. I mean it's not like they made a million dollar machine and got ripped off their share, they created a character and got paid for it, and that character just happened to capture the public's imagination and grow into a monolith over time. They deserve to have their names forever associated as creators, but outside of that, they're not owed a damn thing in my opinion.
All for creator's rights, but...
by superduper3000
Mar 31st, 2008
04:34:27 AM
I'm all for the creator having some protections under the legal system,

Anyone even remotely familiar with the comics industry knows the sad tale of Image Comics and their supposed 'revolution' from their cruel masters. Headed by McFarlane (pre-toy craze), they saviors and creator-rights advocates soon found out just how difficult it was to create while marketing...

Anyone who's ever dealt with copyright ownership knows the perils of work-for-hire (just ask any ad agency or that chick who created the Nike swoosh) and what that means. Do architects own the buildings they design? Of course not, and while its not a 100% apt comparison, selling these characters and keeping them vibrant is a team effort first-and-foremost. The world loves a Bill Watterson, but needs Stan Lees to survive.

Syndicates exist for a reason, and while it's certainly true they've had a few fingers inside the cookie pot when they shouldn't, I'm not about to cry for their destruction and certainly not going to err on the side of sole ownership.

Still, happy to hear about the families receiving some dough... although to be perfectly fair, its not as if they had much to do with the creation of Superman, either. Robbing Peter to pay Paul? Oh well... there's enough to spread around...by all rights, that money should goto a trust for aspiring artists just starting out...how about giving me some?

OBAMA DRAMA!!

JUSTICE!!!!!
by geodesigns
Mar 31st, 2008
04:39:53 AM
Too bad Jerry Siegel and Joe Shuster are dead and cannot reap the rewards. Creator-owned rights was not an available option for them in 1938, as it was not an acceptable/available business model for them at the time. And I’m sure they had no idea how popular Superman would become. It’s just a shame that the “Corporation” of DC/Warner had to be sued in order to obtain the rights. They did not pro-actively reach out to Siegel and Shuster to give them more money, since they rightfully earned it. Kirby was equally screwed; and the court ruling for him was too little too late. WB should keep producing Superman content, and not erase him, write him off or kill him off from DC comics.
Marvel Comics Presents --- Superman!!
by geodesigns
Mar 31st, 2008
04:48:49 AM
Tie-Ins and Spin offs:
Ultimate Superman
Marvel Two-In-One Featuring Superman
Amazing Fantasy- feat. Superman
The Avengers (featuring Superman)
Superman and Spider-Man weekly comic book
Civil War II: 1938 Superman with WWII Cap, both in the present to stop the war.
Marvel Entertainment presents their next feature film: Superman 1938
Marvel: do business with the Siegels, make WB sweat.
Quick, WB... there IS a solution. (DRUM) Call Brian Singer!
by Stalin vs Predator
Mar 31st, 2008
04:55:40 AM
*Snicker*
More Superman options
by geodesigns
Mar 31st, 2008
04:57:04 AM
Disney Presents – Superman- expect a Disney World attraction
Dark Horse Presents – Superman – expect team ups with Hellboy and Lobster Johnson
IDW presents—Superman- Hey they have Star Trek, they may do Trek/Superman
Tokyopop – expect lots of black & white digest sized comics.
Valiant Comics presents – Superman – UNITY sequel underway
Siegel Publishing Group (CPG) Presents Superman- go ahead start your own comic book company
You’ve got options now, so make WB sweat.
Keep Superman whole
by Live.
Mar 31st, 2008
05:02:51 AM
The worst thing that could happen is for DC and the heirs to split Superman in two. In 2013, the heirs will own Origin Superman - Clark Kent, Lois Lane, Krypton, flightless Superman, and other elements.

DC will may end up owning everything created after that: All of Superman's later powers, like flight, heat vision, and most of the powers we know today. Plus the Daily Planet. Plus the iconic \S/ symbol. DC will own Lex Luthor, Brainiac, Mxyzptlk, Bizarro, Metallo, General Zod, Parasite, Darkseid, Eradicator, Doomsday, and all the rest of Superman's enemies. DC will own all of Superman's friends and the heroes who look up to him, like Jimmy Olsen, Perry White, the Justice League, the Legion of Superheroes, and on and on.

Half of Superman as we know him today, will be owned by the heirs, and half will be owned by DC comics. If the heirs take their half someplace else, Superman will be torn in two. DC will come up with a new Superman who is not Clark Kent, using the elements that they own. The heirs can take Origin Superman someplace else, but if they do, we'll never see the whole version of Superman again.

Superman fans
by geodesigns
Mar 31st, 2008
05:22:11 AM
If you want to keep Superman "Whole" as talkbacker Live put it, then make it known to DC editorial. I prefer Supes to stay at DC, where he is part of the Trinity with Batman and Wonder Woman; he is the leader of the JLA, the elder statesman and alpha male of all super-heroes. Keep him at DC. That's the smart thing to do. But if Warner does not want to shell out cash for Siegel they way they do for Rowling and Harry Potter, then the Siegels do have options. Just for the record, I, too prefer Superman at DC.
How is it injustice if owner sold its rights
by theycallmemrglass
Mar 31st, 2008
05:26:13 AM
Sure Siegel and family should get rewards. WB was cruel to ignore them for 30 years from a courtesy point of view but in terms of rights, why the hell should Siegel family have part ownership? Its not their property. But yes its nice that they get a financial cut but thats all. The Siegal family should be content with that anyway If you sold a painting you painted for $50 but then it becomes worth $10,000, do you expect to get a cut off that? no.
So let me get this straight...
by Horseflesh
Mar 31st, 2008
05:45:55 AM
People who did not create Superman and currently do nothing to further the Superman character nor have they EVER done anything with the character in any way... sued because they think they deserve money from Superman... who was SOLD by their only connection in a legal contract. So people that did nothing get free money by suing to break a legal contract? Wow what a big dickload of justice that is. Makes me wanna put my hand over my heart and hum the national fucking anthem.
I Can Finally Sleep Again
by LaserPants
Mar 31st, 2008
05:49:31 AM
No, not because of this news, but because I've stopped using cocaine. Can't say the same for Bryan Singer!
owner's rights are fucked soon
by ironic_name
Mar 31st, 2008
05:58:05 AM
http://tinyurl.com/yt9tyq

http://tinyurl.com/2g6crw

http://tinyurl.com/khshl

Horseflesh
by messi
Mar 31st, 2008
06:06:25 AM
"Makes me wanna put my hand over my heart and hum the national fucking anthem." If the quote "I'll kill you to death" uttered by Psycho Superboy Prime wasn't done this year, the quote of the year would go to you. That is hilarious.
They did get money though - that yearly pension
by messi
Mar 31st, 2008
06:09:48 AM
They got paid annually about 30 G's and then it increased, solely for creating Superman. They should of gotten money when Golden Age Supes was selling Millions but since the silver age and Superboy they haven't had anything to do with Supes. The families should get money owed in lciensing fees but why everything after 1999, the only thing they have any right to is the superman comics involving Earth 1 Superman from Infinite Crisis onwards. It's the sales from about 12 comics. They should get paid for use of the name and the small elements but when the character known around the world and the comics published for the past 50 years minimum have little to do with what you created then i don't see what you should be paid for other than licensing those small elements. Keep Superman at DC.
KEEP SUPERMAN AT DC
by messi
Mar 31st, 2008
06:11:23 AM
I'm worried that DC will not find it financially worth buying the character but then again there is hope since what are the Siegal's going to do with a Superman no one cares about, how many people are going to buy Golden Age Comics, how many people are going to buy Golden Age merchandise and is anyone going to fork out money for a Golden Age movie?(which would have been cool if it was done like King King 05) but no ones going to do that.
A contact's a contract
by The StarWolf
Mar 31st, 2008
06:13:04 AM
Nobody held a gun to their heads. They signed a contract, it's their problem if, in retrospect, it wasn't to their advantage. How is it "justice" that the courts can unilaterally tear up a perfectly legal contract?
How do you figure it?
by The StarWolf
Mar 31st, 2008
06:14:06 AM
Messi - Hunh? Why should you object to SUPERMAN going to public domain? It isn't as though DC hasn't screwed up the character on many occasions. How could public domain be any worse?
oh, LaserPants - you so cray - zah
by ironic_name
Mar 31st, 2008
06:20:27 AM
The StarWolf
by messi
Mar 31st, 2008
06:23:58 AM
The difference between something like Romeo and Juliet going public domain and Superman going public domain is that Superman is still being used in a heavy way. Making him public domain will fuck up that dcu bond and just make everything shitty. DC should keep him and people should reinvent him with stuff like Hyperion, Sentry, Supreme etc. But Superman is Superman and an important part of Superman is DC, wasn't like that at the start but it is like that now.
The Letter J
by cornponious
Mar 31st, 2008
06:27:02 AM
I don't know where you get the idea that Superman did not have Clark Kent as a secret identity in Action Comics #1.

http://tinyurl.com/38uh5x

So now legal and binding contracts mean nothing?
by Yeti
Mar 31st, 2008
06:29:30 AM
Outstanding. Even more ridiculous lawsuits that will end up costing Joe Consumer more.
This would be better news if the creators were still alive.
by rbatty024
Mar 31st, 2008
06:46:22 AM
It seems slightly cynical for the heirs of Superman's creators to get money instead of the creators themselves. I'm all for Superman going into the public domain. It would be interesting to see what people would do with him. Of course, like Mikey Mouse, this probably isn't going to happen.
If George Lucas taught me anything...
by The Grug
Mar 31st, 2008
06:48:02 AM
It's that you hold on to the goddamn merchandising rights!
Somewhere Frank Miller...
by Gunslinger1919
Mar 31st, 2008
06:58:00 AM
...just got a hardon... --G
tut!
by teh ran
Mar 31st, 2008
07:17:52 AM
This is like those footballer's wives who go back and sue their footballer ex-husbands for more money when their earning potential increases. I'm sorry but a contracts a contract, when it's agreed and signed then unless you can get round the wording or find a loophole it's cast in stone. This sort of revision and contract overturning frightens the pants off me! They should just be assigned to the bad luck business decisions of lore and that's it.
Bush-appointed Consevative Appeals Judge will shoot this down
by Smerdyakov
Mar 31st, 2008
07:21:30 AM
Just as they shoot down all anti-corporate decisions.
DC may not own certain properties derived from Supes...
by Prof. Pop-Cult
Mar 31st, 2008
07:23:56 AM
Though the original creators of Superman did not create the other elements that followed, it doesn't mean that DC can continue to use them, because it could be legally argued that these elements were directly derived from Superman. Thus, DC may not even be allowed to re-use the "S" emblem. (But it doesn't mean that the creator's family gets to use the "S" emblem created by DC either.) But we're all talking about the worst case scenario, which I don't think will happen. Time Warner will negotiate and negotiate an exclusive licensing fee with the creator's estate.

If a worst case scenario happened, I think it could be interesting to see Dark Horse take on Superman and rebooting it.

How is this a just ruling?
by WillowFan2001
Mar 31st, 2008
07:56:25 AM
$uperman
by Spamgelus
Mar 31st, 2008
07:56:57 AM
When I hear "Superman," I immediately thing "money," so I guess I've reached a point where I don't give a fuck about the character anymore. Let him go away for a while. Stop beating this dead, dead horse.
This is great ! I'm sure Pelosi will create a tax for it!
by snomusic
Mar 31st, 2008
08:19:39 AM
Windfall Tax on Retirement Income Adding a tax to your retirement is simply another way of saying to the American people, you're so darn stupid that we're going to keep doing this until we drain every cent from you. That's what the Speaker of the House is saying. Read this: Nancy Pelosi wants a Windfall Tax on Retirement Income. In other words tax what you have made by investing toward your retirement. This woman is a nut case! You aren't going to believe this. Madam speaker Nancy Pelosi wants to put a Windfall Tax on all stock market profits (including Retirement fund, 401K and Mutual Funds!). Alas , it i s true - all to help the 12 Million Illegal Immigrants and other unemployed Minorities! This woman is frightening. She quotes..."We need to work toward the goal of equalizing income, (didn't Marx say something like this), in our country and at the same time limiting the amount the rich can invest." (I am not rich, are you?) When asked how these new tax dollars would be spent, she replied: "We need to raise the standard of living of our poor, unemployed and minorities. For example, we have an estimated 12 million illegal immigrants in our country who need our help along with millions of unemployed minorities. Stock market windfall profits taxes could go a long way to guarantee these people the standard of living they would like to have as 'Americans'." (Read that quote again and again and let it sink in. Lower your retirement, give it to others who have not worked as you have for it.) This lady is out of her mind.
Anyway, this is very cool. I've always felt the Seigal/Shuster thing was sad.
It's Only Just
by Thunderbolt Ross
Mar 31st, 2008
08:21:39 AM
If it was established the original contract was somehow unfair. I wouldn't be surprised if that was the case since they were just kids. But still, much of this stuff is work-for-hire.

It's like the big Marvel controversy, suddenly Kirby etc needed "their" work back. When the work was originally done it was disposable, then all these fanboys grew up, declared it precious and started a rumpus.

and hey!did a drawing on the net? ever? it may belong to disney!
by ironic_name
Mar 31st, 2008
08:34:59 AM
if the orphan art ball gets through.

read the last post I made

orphan BILL, not ball.
by ironic_name
Mar 31st, 2008
08:37:55 AM
fuck you, oy! its the charge its the bolt its the buzz its he sheer fuck offness of it all, iinnit?
....."oh the injustice!"......
by redhankyspanky
Mar 31st, 2008
08:46:31 AM
"And the Mickey Mouse copyright law needs to end. That is fucking bullshit too. Public Domain. Fuck Mickey Mouse!!!" You sad pathetic mis-spooge. Your neo-intellectual posturings on copyright laws does little to conceal the fact that you beat off to MM with clothespins on your scrotum. You sick fuck. "fuck Mickey mouse"....priceless. "oh the injustice!" Youre such a girl.
Grrrr
by Automaton Overlord
Mar 31st, 2008
08:55:28 AM
Artists signing over their rights to art is essensial to affordable productions. How much money does the guy who made the bar from "Cheers" deserve every time that show airs? How about the make-up artist, the camera men, the lighting tech? All art, arguably. What's so different about characters and scripts?

Thats the whole reason why I didn't support the writer's strike, although they did deserve more money, it sets a dangerous precedent. You know that little painting that hangs next to Michael's door on "The Office"? Is that not art? How much does that guy get each week? If an individual wants a financial stake in the future success of a project they should have to put down their own money for advertisement, and be ready to get nothing if a project bombs.
Too Little, Too Late
by DannyOcean01
Mar 31st, 2008
08:55:33 AM
As has been mentioned already, why are people so happy that a group that have had no real involvement in a character's creation are now profiting from it? Surely this news is a kick to the face of the poor buggers who had to watch their inspiration and imagination get swallowed up by a big money hungry corporation while they got bubkiss in return. And let's face it, we all know how spoiled kids are today, I bet you anything they try to sell off their share or fuck up the memory of Superman forever.
Freddie vs Jason vs King Kong vs Superman
by performingmonkey
Mar 31st, 2008
08:58:20 AM
You know it. I know it. They know it.
Read the book "Men of Tomorrow"
by Zardoz
Mar 31st, 2008
08:59:28 AM
It's a fantastic history of the men who created the comics and the scumbags who published them. Fascinating stuff. It seems that Bob Kane was pretty damn savvy back in '39...
Should I?
by GreenFlashlight
Mar 31st, 2008
09:07:15 AM
woke up this morning. was going to create greatist comic of all time. not sure if i should bother now. Don't want some ungrateful future offspring to not have to work a day in his life and live off my royalties. might just go and see how big i can make my carbon footprint and fuck things up for the little bastard.
"Superman is returning to Jor-El"
by Geekgasm
Mar 31st, 2008
09:25:25 AM
Oh for fuck's sake ...
Kirby owns all his Marvel characters
by geodesigns
Mar 31st, 2008
09:30:24 AM
In 1967, Kirby, along with Lee, renegotiated their contract with Marvel, asking for Lee and Kirby to have co-ownership copyrights to all their Marvel characters such as Spider-Man, X-men, FF, Avengers, etc. Marvel agreed in exchange of a high end profit share percentage. Wait—wait—oh I’m sorry, that did not happen in our Earth, that actually happened in an alternate universe, Earth K for Kirby to be precise. Marvel in that universe are the good guys when it comes to creator-owned rights.
The guy who REALLY created Batman got fucked!
by King Conan
Mar 31st, 2008
09:30:58 AM
So much so that I forget his name. I do know that the character wasn't Bob Kane's idea as much as it was the other poor bastard.
Bill Finger...King Conan
by genro
Mar 31st, 2008
09:35:41 AM
Bill Finger you poor bastard...
by King Conan
Mar 31st, 2008
09:40:47 AM
thanks genro.
If Harry and Co get the "creator's due" they want...
by genro
Mar 31st, 2008
09:59:08 AM

...Time-Warner will sell DC, most likely to Disney, just as they are now in the process of dumping AOL.

T-W is not a healthy company with a stock price trading at the equivalent of a new DVD. They no longer self-finance the movie division, but have shoved the expense to overseas investor like Village Roadshow. Television is in a quagmire along with WMG and WHV. Only the cable wing is doing well, which is why they want to move to a usage model akin to gas or electricity.

The value in a media company is its catalog and copyrights. A catalog, as shown by MGM, can be sold easily as long as a new format is on the horizon. But once you get into profit-sharing of copyrights, you're exposing a true bottom line to outsiders where before, you could shift money around to make other aspects look profitable. In other words, if Superman is a loss when it comes to the comic, why print it, because you're not going to be able to offset that cost with a movie when you're splitting profits with several people.

and no, Shakespeare shouldn't be public domain either
by ShiftyEyedDog2
Mar 31st, 2008
10:19:09 AM
IF Shakespeare or his estate or whoever wanted to keep rights private (and of course, if such things as copyrights existed back then - I don't know) then they should definitely have been allowed to keep it private. Why shouldn't they have control and get a piece of any books, etc published of his works? Plus maybe that would keep there from being 100 different published versions of each one of his books.

And as for high school productions and such, yeah, they would have to pay just like they do when they put on everything from Guys & Dolls to High School Musical. What's wrong with that? Don't like paying? Don't use someone else's creation, and make up your own.

I'll say it again - PUBLIC DOMAIN IS A JOKE. If someone wants to keep rights, let 'em. If they WANT it to be available free to everyone, it's their choice to let it go public. But not because of some lame "time limit."
"Art's natural state is to be "owned" by all of mankind"
by ShiftyEyedDog2
Mar 31st, 2008
10:20:42 AM
says "The Gas"

That may be the dumbest thing I've ever heard.
Bill Finger's story would make an interesting movie.
by JDanielP
Mar 31st, 2008
10:28:19 AM
Just don't expect it from the WB.
Meh
by critch
Mar 31st, 2008
10:35:04 AM
"If an individual wants a financial stake in the future success of a project they should have to put down their own money for advertisement, and be ready to get nothing if a project bombs." Tell that to the writers and actors who go on strike everytime someone finds a new market for their already-paid-for work.
Actors/Writers strikes are NOT the same thing
by ShiftyEyedDog2
Mar 31st, 2008
10:44:42 AM
While I think the strikes are stupid, those took place as a contract was EXPIRINGand it was time to re-nogotiate a new contract. IF actors/writers/etc had a contract that said they would get paid a certain amount for their work and no future profits, with NO EXPIRATION date for the contract, then yes, they wouldn't be able to complain either.
This ruling is insane!
by careyleefisher
Mar 31st, 2008
10:53:14 AM
Siegel and Shuster undoubtedly suffered from the "Woulda, shoulda coulda" syndrome when they realized that they had sold their property for a lot less than it's future value would be, but, those are the breaks. Both Siegel & Shuster and DC Comics had no way of knowing what a gold mine Superman would be when the original deal was signed. So, whent he contract was signed there was no evil corporation putting the screws to the little man. DC paid what they felt was a fair price for the character and Superman's creators happily cashed their checks and moved on. Hate to say it but they made what they felt was a good deal and took it. So, their families, who in my opinion have no right to any profit from Superman, should be made to abide by the contracts that the true creators of Superman signed. This would be like someone selling a convenience store and then suing to get the convenience store back after the new owners turned the convenience store into a supermarket and made more money with it than the original owner ever thought possible. Let's face it, if Seigel and Shuster had never sold Superman and published his adventures with their own money, the character would have rapidly faded into oblivion. The only reason Superman survives to this day is because of the money that DC Comics has spent. Do you really think Seigel and Shuster could have afforded the expense of publishing a comic book on the monthly scale that DC Comics did? The contract was legal! The only ones who look bad in this mess is the greedy families and the lawyers who are getting rich off of this.
Messi must be LOVIN' this Talkback...
by Brians Life
Mar 31st, 2008
11:05:07 AM
...BLACKEST NIGHT!!!!
shiftyeyeddog2
by nowimnthing
Mar 31st, 2008
12:19:23 PM
what you do not realize is that copyright is much broader than your prized comics. Copyright also covers designs of things like airplanes, vaccines and cures for cancer. Should the only people allowed to design and fly planes be paying royalties to the wright family, or should you pay 20% to pasteur's family when you get vaccinated. What if one of those inventors decided that he would hord his creation, and not allow anyone to benefit from it? Would that be right? Where would we be today? Where would new inventors start if all the ideas from the past were not available for them to work from and they had to start from scratch each generation? Art and invention is not created in a vacuum, everyone borrows from others and builds upon community knowledge, that is how we progress as a species.
Bob Kane was a fucking scumbag...
by Sledge Hammer
Mar 31st, 2008
12:21:08 PM
...and Bill Finger got totally fucked over, so much so that even though DC has actually made many attempts to have Finger listed as co-creator over the years, it's always been blocked by Kane, or later Kane's estate, as Kane had it written into his contract that he would always be listed as sole creator of Batman, despite the fact that in truth he had fuck all to do with creating the character.

That's got nothing to do with this issue though, and the fact that S&S signed a contract and sold off their rights and this ruling is therefore utter bullshit for all the reasons I (and many others) have already gone into above.

Article I, Section 8, Clause 8 of the United States Constitution
by nowimnthing
Mar 31st, 2008
12:25:04 PM
“ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Notice the first part, "to promote...progress" Limited is very important here as well as it establishes the public domain from which we can all benefit.
Re: They signed a contract! outrage.
by rbatty024
Mar 31st, 2008
12:40:02 PM
While I think there is a decent argument to be made that the contract should stand, those arguing that just because they signed a contract, no matter what the circumstances, the creators should be held to that contract no matter what have a limited understanding of contract law.

There are many terms in the commercial code that governs contracts and how a contract can be made. In essence, the government tries to outline what is fair and what isn't fair. Everyone posting here benefits from this. If the government did not proscribe an outer limit of fairness then it would be exceedingly easy for a lawyer to get anyone, no matter how smart he thinks me may be, to pay hidden fees or dump dilapidated property on the individual. Again, we all benefit from this.

Now, I have no idea what argument the lawyers made. Maybe the judge made the right decision, maybe he didn't. But, I can guarantee you that no one here has been able to put together a cohesive argument against the judicial ruling.

wimnthing: So you're equating Art and Cancer Cures?
by ShiftyEyedDog2
Mar 31st, 2008
12:55:58 PM
wow, that's a GIANT leap. You guys think art is WAY more important than it is. It's a luxury - an entertainment. Not a life necessity. Apples and oranges, my friend...
sorry, should be NOwimnthing
by ShiftyEyedDog2
Mar 31st, 2008
12:56:46 PM
Wow, a lot of hatred toward creators here.
by kevred
Mar 31st, 2008
01:07:20 PM
Amazing how many posts here are sympathetic toward corporate entities and cold-shouldered toward the people who've actually *created* all the things we've loved to geek out over for decades. Are we really that conditioned by Fox News and talk radio to hate the common man so much?

Sure, a lot of these creators "signed a contract", but did the company that bought the rights on day one ever expect the property to get so mind-bogglingly huge, as did most of the characters being discussed here? If they did, then their original contracts amount to deception and theft, an abuse of power toward people in a weaker economic position. If they didn't expect it, then surely any decent human being would see the reason behind sharing a bit of the unexpected reward, rather than hoarding it. The creators of Superman could have been fabulously wealthy without DC's bottom line being hurt one bit.

And with all that, there are actually regular folks out there who are sympathetic to the mega-corporations? That's pathetic.

Guiness Beer Lease Should Be Model For This
by careyleefisher
Mar 31st, 2008
01:07:53 PM
Found this concerning Guiness Beer Arthur Guinness started brewing ales initially in Leixlip, then at the St. James's Gate Brewery, Dublin, Ireland from 1759. He signed a 9,000 year lease at £45 per annum for the unused brewery. Now, this contract sounds like the brewery that signed the lease with Guiness was taken advantage of. But, this lease stands today because it is a LEGAL contract. The deal obviously sounded good to both parties at the time. Now, who came out on top? Obviously Guiness. Should the heirs of the brewerey Guiness leased now sue? We are letting our courts open a VERY big can of worms here!
People shouldn't get money for what their ancestors do.
by ZeroCorpse
Mar 31st, 2008
01:09:11 PM
Simply put: The people who invent something should get all the praise and money, but the people who are just lucky enough to be born in the same family shouldn't get something for nothing. They didn't put any work into it. They didn't create anything. They were born into the right family, and them getting some sort of reward for that without any actual creative work seems wrong to me.

Let them make their own property and sell it. Once the creator of a property dies, the property should either fall to whomever bought it from the creator, or it should be become public domain if nobody buys the rights from the creator WHILE HE'S ALIVE.

Steve Ditko lives!
by Wormie1
Mar 31st, 2008
01:11:25 PM
Contrary to what has been implied above, Steve Ditko is still alive. Jonathan Ross made a documentary recently in which he and Neil Gaiman tracked him down to his place in New York. They met him, but Ditko refused to be interviewed on camera. Jonathan also riled Stan Lee by trying to get him to admit that Ditko is the co-creator of Spider-Man. The idea of Superman becoming public domain is worrying. Anybody could put out any old crap about the character. DC will do a deal with the Siegel family as Superman is much too valuable for them. Obviously, Siegel & Shuster deserved more than they got for creating Superman, but they agreed to the original deal. Also, what about all of the other creators in multiple mediums who have added greatly to the franchise over the decades. Look at X-Men, it was originally created by Lee & Kirby, but the guy who was has written the most X-Men stories and turned the book into a megahit was Chris Claremont (who, admitedly, has probably made a decent lot of money for his work.)
Kevred - wrong on MANY points
by ShiftyEyedDog2
Mar 31st, 2008
01:18:54 PM
1. No hatred toward creators. I'm arguing creators SHOULD be able to keep control of their own properties permanently. But if they CHOOSE to SELL those rights, it's their own decision.
2. Companies buy things hoping to MAKE it into a huge property. Their work and promotion is what made Superman huge. By your rationale, if I buy a stock hoping it will go up, I've deceived the person selling the stock. I don't think so. It's called investing.

3. The big, mean corporation HAS been sharing by giving them some extra payments, even though they are under absolutely NO obligation to pay an additional dime.
4. As for the comment about people being sympathetic to mega-corporations - guess what? Those corporations started as someone's small idea and company, and were built up to become the successes they are today. Should they be punished for success? I suppose your the kind of person who hates Wal-Mart because they take business from mom-and-pop stores? Well I'll take the better selection and lower prices of a giant chain any day.
Kevred - you are absolutely correct
by toadkillerdog
Mar 31st, 2008
01:18:56 PM
It is stunning to me as well to read the posts of people on here who say 'well they signed a contract so they get what they deserve'. That is asinine, infantile, bullshit. Injustice is injustice regardless of a contract signed or not. Siegel and Shuster were just kids (very early twenties) when they signed over their rights, and even if they had been seasoned adults, the industry at the time and for decades more, purposely treated the creators as nothing more than hired help. To see your creations make Billions of dollars when you get a mere pittance, is beyond unfair. It took the great Neal Adams to secure even that pittance - 20K a year? I am very glad that the creators have won this round.
Hey, raise your hand if you have actually read...
by rbatty024
Mar 31st, 2008
01:20:15 PM
the judge's decision? That's what I figured.
Hmmm...
by Raelcreve
Mar 31st, 2008
01:24:43 PM
For every successful creation there are 1,000 failures, commercial and otherwise. So, in order to make this fair for everyone, what you are saying is that corporations should be able to sue artists when the corporation spends millions of dollars manufacturing and marketing an unsuccessful property. Since we are talking what's fair now, I wrote all you idiots who think this is a good thing a little play. I call it, "Mr. Artist Gets the Shaft." Corporation: "So, Mr. Artist, you owe us $1 million dollars because the character you created, and we bought from you SUCKS DICK." Mr. Artist: "But I don't have $1 million dollars...?" Corp: "That's too bad. We spent all this money on your created property, which we paid your for, and it failed miserably. Our stock holders want their money back, and since you are the creator..." Mr. Artist: "But..." Corp: "Come now, it's only fair." The End
to Toadkillerdog and Raelcreve:
by ShiftyEyedDog2
Mar 31st, 2008
01:32:43 PM
toadkillerdog: the "just kids" defense?
Wow, I can name off the top of my head many many people who were "very early twenties" (hardly "kids", by the way) or younger, and had the sense to make good business decisions and are now millionaires. The law is not there to bail out people from their own ignorance. Deal with it.

Raelcreve: BRILLIANT point! These people want to take part in any POSITIVE changes in their property even thought they've signed away responsibility, but I guarantee you if there's a negative turn, they aren't going to say, "here, let me chip in to make up for the money you've lost."
Brians Life
by messi
Mar 31st, 2008
01:34:42 PM
THE BLACKEST NIGHT!
Royboy, We Read and Commented...
by No-Op
Mar 31st, 2008
01:49:29 PM
...on what was published and linked, the judge's decision notwithstanding. I know you want to feel like you're better than us, with your dove in the rain and all, but many of us are discussing what we feel is fair in more general terms than just this case. And in a hypothetical case presented with the facts as in the linked article, I'd have to say - in my trained and licensed attorney's opinion - that there's no visible reason to reverse or revise the original contract. The 'painting' analogy is great here - should heirs of artists get a share of the rising value of art that was created, then sold, years ago? This is a question that does not require reading the judge's decision in order to ponder.
kevred and toadkillerdog -
by messi
Mar 31st, 2008
01:50:16 PM
you have this idea that siegal and shuster signed the rights for 130 and thats it. later DC started paying them a yearly pension even though technically they didn't have to and put their names on the book and all media. They had no way of knowing Supes was going to be a hit, even then if they had the foresight they wouldn't of had the money or power to actually make it happen. Superman is popular because of DC not Siegal and Shuster. Just like X-men is popular because of Chris Claremont not Stan Lee and Jack Kirby.
any remember...
by m2298
Mar 31st, 2008
01:50:26 PM
...the SIMPSONS episode where Itchy and Scratchy creator Chester Lampwick sues the owners? He wins, but decides never to make any more I & S cartoons at all: "I don't need any more money, I'm not greedy. As long as I've got my health, and my millions of dollars and my gold house and my rocket car, I don't need anything else."
This just goes to show
by Philo
Mar 31st, 2008
01:55:04 PM
what's wrong with the litigious attitude rife in America these days. It seems as though a contract is now seen not as binding for it's term, but merely as the starting point for negotiations. Sorry guys, this is wrong. Am I saddened by the myriad of "creative folks" that get shafted by sharply written contracts they barely read - yes, but these are adults (for the most part) and have to accept some personal responsibility. Glad to see how many of you folks out there agree (at least in part). Gives me hope for America.
toadkillerdog, injustice is as injustice does
by No-Op
Mar 31st, 2008
01:55:20 PM
Would the contract have been unjust if the publisher had paid and published it once? The creators would have thought that was just fine. That was their expectation, and it was also the end of their contribution. Because the publisher went on and added their own expertise and creativity to create a bigger product, and succeeded, now it's unjust? Huh.
ShiftyEyedDog2
by toadkillerdog
Mar 31st, 2008
01:57:58 PM
Laws exist to protect from a variety of injustices and deceits. Laws exist to help the innocent from predatory practices of the powerful and possibly corrupt. Laws made by man, are not perfect, and ultimately some of these Laws are subject to re-interpretation by subsequent generations. But the standard for any law should be: is it doing more harm than good? Not all laws are meant to protect the weak from the powerful of course, some are just the opposite. And the argument that Raelcreve tried to make that for every successful creation theer are 1000 failures, is pointless. No one is advocating that companies who distribute, package and advertise the works of creators, should not be justly compensated. What is argued is that the Law as it existed 70 years ago, which allowed those companies (in a very narrow industry like comics and pulp magazines I might add, because creators in other fields had greater control over their creations)those laws were wrong. That is what has been overturned. Now to my 'kids' defense. Yes, people in their early twenties who have little knowledge of business, are 'kids'. Siegel and Shuster knew nothing about the business of comics. They just wanted their creation to see the light of day. The only way to do so, was to sign that excreable agreement. Even had they been advised by competent counsel, it was still a work for hire environment at the time. It was unfair and biased toward the company and against the creator, and there was no recourse. It was lawfully correct - at the time, but was and still is morally wrong. Now, thankfully, it is legally wrong as well, and maybe some justice will be done to the families of those creators whose works live on, providing even greater profits for the companies that continue to produce the characters we have come to cherish.
ShiftyEyedDog2
by nowimnthing
Mar 31st, 2008
02:02:15 PM
no I am not equating art and cancer cures, but the US Constitution sure does. Both are inventions, subject to the same copyright laws. Just as scientific progess does not happen in a vacuum, neither does artistic progress. How would you frame your argument that the abolishment of the public domain is only for 'art' and not 'science'? How would you distinguish the two and draw the line?
Morally...?
by Raelcreve
Mar 31st, 2008
02:08:05 PM
Again...morally?
by Raelcreve
Mar 31st, 2008
02:11:55 PM
Now you opened a can of worms. Democrats: "It is morally wrong for us to be in Iraq, to violate that country's sovereignty." Republicans: "It is morally right for us to be in Iraq, to free its people, and to protect our interests." Morality is in the eye of the beholder.
Messi
by toadkillerdog
Mar 31st, 2008
02:14:19 PM
X-Men, huh? Well, lets see. There is no doubt the Claremont/Cockrum/Byrne made the New X-Men far greater than the original. But would the platform for the new X-men exist if not for what Lee and Kirby created? What about the established characters such as Wolverine that were created before the new X-men. Would Claremont or Byrne have thought him up? Yes, they gave him the personality that we all know today, but would they have created him? The answer is: they did not. No one knew Superman would turn into the character he is today - or even 60 years ago. But the answer is that he would not have even existed if he had not been created by S&S in the first place. And that distinction is what places the greater emphasis on the creator, not on the company who improved upon the creation. Because without the creation in the first place, there would be nothing to improve upon.
I will admit - I'd feel more sympathy if it were the creators th
by ShiftyEyedDog2
Mar 31st, 2008
02:14:45 PM
and NOT thir families, who did NOTHING. Now that the guys ho actually created it are dead, they figure they speak for them and can demand all they want. Here's an idea - go get a job of your own instead of trying to live off of your relatives!
the sequel nobody wants.
by DigitalDong
Mar 31st, 2008
02:15:34 PM
outside AICN no one is talking about Superman Returns or a sequel to it.
The problem with Disney and copyrights.....
by C.K. Lamoo
Mar 31st, 2008
02:20:11 PM
Is that by getting congress to extend their copyrights they also extend everyone ELSE'S copyrights, even for properties where the creator and heirs are dead and could care less. Thus, thousands of materials drift into limbo, neither here nor there. I say, if you're a company and you want to defend you copyrights, the government should oblige. But if you don't defend it, let it slip into public domain.
ShiftyEyedDog2
by toadkillerdog
Mar 31st, 2008
02:29:26 PM
Unfortunatley, those creators had battled for decades before seeing a dime. It was not until Neal Adams, one of the greatest pencillers of all time, took up their cause that they even saw what little they did. It takes decades in our legal system to overcome a company with the vast resources of Time Warner and there ilk. Time and money, which most can never afford.
Good for the Siegels - fuck DC and Warner Bros.
by Steve Rogers
Mar 31st, 2008
03:10:14 PM
And all you corporate shills on here backing up DC can suck my cock. They behaved appallingly to Siegel and Shuster for DECADES and now they are getting some payback. And you can moan about contracts all you like, but the fact is that the family is PERFECTLY ENTITLED to bring this suit, under US copyright law. On the upside, maybe this will get DC to hurry up and finish this never-ending Crisis storyline. Jeezus does that blow ass chunks. More upside - maybe we'll be spared another ponderous Superman borefest from Bryan Singer!
Oh yeah, and here's to Bill Finger!
by Steve Rogers
Mar 31st, 2008
03:13:54 PM
Seigel, Shuster, and Smallville...
by Falcon-1
Mar 31st, 2008
03:16:01 PM
For those who are wringing their hands in worry about whether this ruling will effect Smallville, don't worry. Smallville, as it is written, can not be effected primarily due to a previous ruling in which the Seigel heirs won the rights to Superboy as he was created way back in More Fun Comics #101. And this is why Superboy isn't seen in the comics anymore unless you include Superboy Prime and that's because he was created by another writer (Elliot Maggin, I think). Smallville, the television show, walks a very fine line to skirt around that ruling to avoid paying the Seigels any of money that could be due them (such as showing Clark in the blue tights or calling him "Superboy"). This also applies to the Legion of Super-Heroes cartoon and why the character who was clearly Superboy was called Superman. It was all to keep from paying the Seigel heirs. As far as whether I believe they should get anymore money? I don't know. I definitely think that DC could have done them better; but there was bad blood that went back a number of years when Seigel and Shuster first made an attempt at getting the rights to their creation back. Back then, they failed miserably. Joe Shuster moved on while Jerry Seigel quietly went back to work for DC writing Superman stories. It was only until Neal Adams et. al got together in 1976-77 and struck the deal to get DC's parent company WB to pay Seigel and Shuster the annual stipend until their deaths. Now, their heirs want more money. I personally don't believe they deserve it. It greatly concerns me that 50% of Superman's copyrights have been given to individuals because those individuals will now either have a say in all creative development of the character, or the character will be pushed aside so the big bad corporation can avoid paying anyone any money. Superman is too historic of a character for this to happen. Harry, I think if you seriously considered the long-lasting ramifications of this ruling, even you'd reconsider your calling this a "justice".
The nature of comics makes this different
by Coleman Francis
Mar 31st, 2008
03:41:07 PM
I'm not saying the creators and their heirs shouldn't have a fair share, it's just deciding what's fair that's the problem. Would Superman have been as successful over time if he hadn't been part of the greater DC universe? What about the decades upon decades of creative talent that's brought life to the character and taken him in directions S & S never contemplated? Parcelling out credit gets a little tricky here, and if fair is fair then whatever the families win here, about 80% of that should go - in my most humble of opinions - to Curt Swan's estate. No one else had a longer or more influential run on the character and his iterations. I'll be curious how this turns out on appeal.
What about Robert Crumb?
by C.K. Lamoo
Mar 31st, 2008
03:44:50 PM
Didn't he say he got $300 for the cover of "Big Brother and the Holding Company"
And Harry Reams only got $500 dollars for doing "Deep Throat."
by C.K. Lamoo
Mar 31st, 2008
03:47:30 PM
That's only about $50 dollars an inch.
DUMB RULING
by one9deuce
Mar 31st, 2008
03:49:45 PM
They sold their creation. I'll repeat it: They SOLD their creation. How can they possibly have any rights to it? So if you sell stock and then it goes way up I guess you're entitled to some of the gains because you didn't know it would take off. Right?
It's all because Superman Returns was shit
by AlwaysThere
Mar 31st, 2008
04:22:31 PM
Blame Bryan Singer and his hot shot writing duo for this.
Anchorite
by C.K. Lamoo
Mar 31st, 2008
04:44:18 PM
I got banned for imagining Harry's wedding night. As if that wasn't horrible enough.
I can't agree with the ruling...
by only1ofme
Mar 31st, 2008
05:04:25 PM
The creators signed a contract. A contract is a lawful, legal and binding document - it shouldn't be overturned just because someone says, "Oh, that wasn't a good decision." If you can change your mind later, it defeats the purpose of the contract. It's one thing if they were deliberately misled, but they had two opportunities to read the fine print and took the up front, flat payment each time. To me, that speaks of a lack of faith in your own creation. There are many instances of creators taking little or no money up front in exchange for future percentage, and it's paid off for them in the long run. Bottom line, if the creator doesn't believe in the popularity and longevity of his/her creation, and doesn't take the financial risk, do they deserve to profit off of it? If no one had bought Superman, would Siegal and Shuster have put as much of their own money up to try and market Superman to the public? Or would they have let their product die? From a business perspective, those who took the financial risk deserve the financial reward. The company that recognized that Superman was a good product, that put their money at risk to support said product, they deserve credit for his creation as well. After all, he wouldn't exist without them, either.
a little common sense here....
by omarthesnake
Mar 31st, 2008
05:30:12 PM
(1.) Siegel and Shuster sold the rights. In a legal contract. Yes, DC made a hell of a lot of money, and it was nice that they gave some extra money to S&S, and noble to do that, but not legally binding that they should do that, just good PR. (2) The creators won't make jack shit off of this ruling. Their estates will. People who had nothing to do with the creation of the character. and their lawyers. (3) yes, there should be a time frame after which something becomes public domain. Copyright shouldn't be forever. Shakespeare is a PERFECT example; his estate SHOULDN'T be getting money for the rest of eternity for his work. The life of the creator, perhaps the first generation of heirs but nothing more, that might be fair. But forever? That's asinine.
Anchorite and One9Deuce
by toadkillerdog
Mar 31st, 2008
05:33:48 PM
There is no correlation between a stock purchase and the ownership of your own creation. To suggest such is to totallty ignore what it means to create in the first place. But let me get very specific regarding this decision, it is about Copywright, not out-right ownership of the character - at least not in this instance. In 1978 the U.S. congress passed a law on copywright that allowed creators to renegotiate a contract when the value of that creation became more apparent. That means no one knew the value of Superman in 1939, but everyone knows now, Billions of dollars. And the creators deserve a share of that money -as decreed by Congress in that 1978 ruling. That it has taken this long (30 years)since that bill passed is a travesty. Siegel heirs do not own Superman, nor can they even dictate how the character can be used, at best they can only share in the profits on a very limited basis based on what happened in Action Comics #1. It is not even certain the will get any money, but they do have the satisfaction of knowing that their decades long fight is near over and that they won a decision against a mega corp that dragged out the proceedings for decades. I suggest everyone on here actually read the decision, and be more open about what it means to create anything and then see it become a worldwide phenomenon, while you get almost nothing from it. It was wrong in 1939 to force creators to sacrifice their rights. 1978 provided some relief, but it took an additional 30 years to get even this far. By the way, this does not even address work for hire - that still has not been resolved, an may never be. I realize that some people on here take a position counter to common sense and reason simply to have something and or someone to argue with. I try to ignore those type. But there are some on here who simply are unaware of the other side of the argument, and maybe a rational argument can sway them.
Hopefully this will kill the Justice League movie.
by F-1000
Mar 31st, 2008
05:50:53 PM
Once and for all.
It's funny.
by mrfan
Mar 31st, 2008
06:14:51 PM
Some of the people on here that are stating that a contract is a contract are the same people that were bitching when a tv show is made from a movie or even from overseas without any consideration for the creators that made them. Even though contracts were signed beforehand. Works on all levels of entertainment. If you are going to accept one then you should accept the other.
bacci40 & mrfan
by Philo
Mar 31st, 2008
06:55:52 PM
Walmart's attitude is well within their legal (and previously agreed in writing) rights. I think it is ill advised in the extreme to pursue this course and in the end there will be a backlash against them if they do. I guess I just think it's a poor business decision. For the record despite the fact that I don't live in the US I do pay tax here so I'm not sure quite how I'm personally responsible for destroying this country. I'd advocate that a lack of personal responsibility is a more likely target for such an accusation And Yep, a contract is a contract; a written agreement. Agree to something then stick to it; good or bad. Accept your lot whatever and do the right thing. Always.
This is all a joke!
by Angelus_420
Mar 31st, 2008
07:03:42 PM
Why is this even being talked about let alone a court case? They SOLD the rights to DC who took a chance and put its money into the character. Its a joke that a million years later the families have a right to anything. So sorry you Dads were stupid enough to sell what would later because a huge money maker but thats showbiz. I really hope the families end up losing this case in appeals because if they win Superman will probably be ruined forever.
Modern Superman not included
by jjwspider
Mar 31st, 2008
07:35:52 PM
Even if Superman entered the public domain, it would be the Superman that was featured in Action Comics #1 - not the Superman character we are reading today. The only thing the WB would really have to pay for would be Clark Kent, Superman and Krypton - but Brainiac, Superboy, Lois Lane, Lex Luthor, etc would not be included in this deal. This is similar to how other public domain characters are used - like the Fighting Yank and the Project Superpowers comic that is out now. You can use the concept and develop it from there - as long as it is based on the work that is public domain. The same would be true with Disney characters - the classics could be sold with no rights paid to Disney (like the Max Fleisher Superman toons) but you couldn't market newer Disney cartoons that weren't in the public domain. Besides, if it ever came about that DC couldn't maintain Superman as a character - how quickly do you think they would create a character called Super-Man that had the same powers as Superman? (And yes, it would be valid as DC owns a Spiderwoman and Marvel owns Spider-Woman).
Falcon1 - Excellent summation...
by genro
Mar 31st, 2008
07:54:52 PM
The contract can be renegotiated as per 1978 ruling
by toadkillerdog
Mar 31st, 2008
08:15:05 PM
And they will NOT be able to change anything about the character at all. Please read the ruling before commenting on it. At most they will be entitled to some of the profits - not even remotely settled yet, of anything mentioned in Action comics #1. As for selling their rights, once again the U.S. Congress in 1978 affirmed that copyright's can be renegotiated because the apparent value of the creation was not known at the time the rights were signed over. That means the contract can be renegotiated for all of you who keep screaming that they signed a contract.
Hopefully this will have no impact
by 900LBGorilla
Mar 31st, 2008
09:04:56 PM
Because the judge is a typical California idiot who will be overturned. Newsflash, they signed a contract selling a character for a price the agreed with based on the facts at the time…then the character was updated, marketed, and added to….and it became worth lots o money – in fact in inept hands it moight have gone NOWHERE….There was no guarantee the property would have EVER made good money that’s why they sold it - that’s how it works children.

They also could have sold it for a percentage….but they didn’t.

If DC went bankrupt trying to sell and market Superman should they have been able to sue Siegel and Shuster for selling them a defective product? Of course not…and for every Superman there are hundreds of turds that go nowhere- That’s why they sold it…Twice

Also this is the estate making money - meaning people who had nothing WHATSOEVER to do with the product- so on a whole new level I don’t know how that is “justice”). I mean it’s great being all for the little guy etc. and I would rather see a creative person become a millionaire on his own works than a company, but at some point you have to use your head and realize that unless they were somehow duped the contract is the contract.

I mean by this standard maybe a unique & talented architect should get a piece of the house they designed and sold to you ten years ago if it’s value later soars due to their name….Actually I hope that happens to the judge who ruled on this case.

900LBGorilla - Termination of copyright
by toadkillerdog
Mar 31st, 2008
09:30:26 PM
In 1976 the copyright laws were amended to allow - in certain circumstances, the termination of copyright. It was enacted to allow creators and their HEIRS the right to recover their rights of ownership. Here is a quote "...the purpose of the termination provision under the 1976 Act was to provide a benefit to authors, especially to those who had poorly bargained their rights initially and later had a better idea of their works' worth. Congress intended to "prevent authors from waiving their termination right by contract,". You can read the full decision here:http://www.wilmerhale.com /publications/whPubsDetail.asp x?publication=2421
WHO OWNS SUPERDOG?
by BringingSexyBack
Mar 31st, 2008
10:40:29 PM
Have to say there are a lot of good cases made here for why the Siegel and Schuster estates shouldn't regain ownership of the character. Superman is far different from the original concept, a character that's been developed time and again by what, thousands of writers, artists and film creators? Although the fair thing would be, and this may already have been done, to renegotiate contracts to dole out a meaningful and lucrative royalty to the estates.
What owning Action #1 Superman means...
by Boneyard
Mar 31st, 2008
11:28:26 PM
The Seigel/Shuster estate will own the Superman seen in the Fleischer cartoons - not too crappy a version of Superman to own IMHO. I'm torn, it would be weird to see Superman treated the same way that Superboy... er Young Superman has suffered over the past few years at DC and frankly I don't think DC/WB will let it come to this, however... how much fun would it be too see other creators take a crack at a brand new Superman line - one not mired in 70 years of continuity... a brand new slate to start brand new adventures, new villains, maybe a Superman who still gives a damn about battling social injustice like he did back in the old days. Could make for very cool and very exciting comics.
do people seriously believe in a sequel to superman returns?
by slappy jones
Mar 31st, 2008
11:40:31 PM
it aint going to happen.
Bill Gates Should Be Shittin' His Pants Now
by thelordofhell
Apr 1st, 2008
12:54:27 AM
He bought the DOS operating system for a pittance and made Microsoft. I hope those geeks that made DOS back in the day hear about this ruling.
IP is stupid.
by JimboTHC
Apr 1st, 2008
02:44:00 AM
That is all.
To all you stupid motherfuckers..
by malificus
Apr 1st, 2008
06:25:48 AM
...without a lick of creative genius, who've never enjoyed an inspired moment in your shit-filled existances, who have the unmitigated GALL to make statements like "They knew what they were signing" you should all get dick cancer so that you can never procreate, of course, living such in your parents basements and stacking the reserve list at your local comic shop would probably preclude that anyway. When these guys created Superman the market was so far distant from what it is today as to be virtually immeasurable. There was nowhere near the level of mega-cross marketing to be had then as now, DC is making sick bank on this character and they should be kicking that back to the creators and their kin in spades and fuck you period to any cock-sucking one of you that dares to disagree. That 'business is business' attitude is why people are being thrown from their homes, wage slavery is the norm, shrinking benefits across the board and vacation days a thing of the past. Not one of you sons of whores blathering your stupid-shit mouths off have ever come up with ANYTHING as enduring as a Superman or Spider-Man and thusly your valueless opinions are less than fetid beer farts in the wind. Marvel too will have to be dragged kicking and screaming in to court to do right by the Kirby's and Ditko's out there and I pray to god they do and I also pray that fucking pissant douchebags like you lot are nowhere near a civil jury when they do because you are utterly worthless in every way.
Falcon-1
by messi
Apr 1st, 2008
06:56:44 AM
"Now, their heirs want more money. I personally don't believe they deserve it. It greatly concerns me that 50% of Superman's copyrights have been given to individuals because those individuals will now either have a say in all creative development of the character, or the character will be pushed aside so the big bad corporation can avoid paying anyone any money. Superman is too historic of a character for this to happen. Harry, I think if you seriously considered the long-lasting ramifications of this ruling, even you'd reconsider your calling this a "justice"." - Spoke for me.
Boneyard - yeah maybe they can call it All-Star Superman
by messi
Apr 1st, 2008
07:03:34 AM
dumbass.
Their own fault
by SKULL1138
Apr 1st, 2008
09:43:16 AM
If they sold the rights, completely ("to have and hold forever,")

Then its their own bloody fault and they should not get any money, thats what they get for wanting to cash in on a quick buck back then.

So now others have taken that franchise and made it super successful and the creators offspring are saying, " Hey we want some of that Moola". How the hell is that fair. Now everyone will be at it.

Giger will be asking for a cut of all movies with his Alien design in them.

Etc...Etc

Now dont get me wrong, I am all for the writers and creators getting more money as if it was not for them, nothing would ever come out of Hollywood, but they have to believe in their creation and not sell them out at first sign of a couple of quid. If they do its the good sens of the person buying the rights, its a contract, but in 50 years time their family can coem nack and say, we dont like the deal you made with my grandfather and now we want lots of money off you...Pish

Messi and Skull1138;do you even bother to read the posts?
by toadkillerdog
Apr 1st, 2008
10:01:38 AM
I mean how many times does it have to be said that the families will NOT have ANY creative influence at all? It is only a very limited amount of profit that can be derived from the events in Action Comics #1, and it has not even been resolved if tehy will get any money. And to the knuckleheads who continue to scream 'They sold their rights!' In 1976 congress changed the copyright laws to allow creators and their HEIRS the right to terminate copyright once the apparent value is known. In English, that means that no one knew the value of Superman at the time, and since it went on to be worth Billions of dollars, the $130 contract, and the subsequent pittance of a settlement, could be renegotiated.
man, shiftyeyeddog2 is a douchebag.
by Two
Apr 1st, 2008
10:12:49 AM
You contradict your own infinite copyright claims by making the "creators are dead/families get a job" statement. I at least agree with your last statement -- if Shakespeare (or for that matter his family) couldn't reap enough rewards from his work during his lifetime, there's no reason his work shouldn't pass into the public domain for everyone's benefit. Why should an undying company gain the benefits *forever* that the creator himself can't have? Similarly, unless Walt's frozen head can say otherwise, Mickey Mouse shouldn't get a copyright extension for all eternity. Faceless corporations are not worthy of *more* protections than individual creators. I've never seen a valuable creation come out of a faceless corporation without the contribution of individuals. Copyright law is out of control. Limit it to the lifetime of the individual (plus maybe a small number of years for one generation of their children)...then (as you said) let the rest of the in-laws come up with their own ideas. And if 20 or so years isn't enough time for a company to make a profit on a creation, too freaking bad. Time for a new idea.
I Straddle The Fence...
by ericinwisconsin
Apr 1st, 2008
01:07:16 PM
I feel that S&S were dealt a grave injustice, but legally speaking, they may not have a leg to stand on. Valid points are made that they sold a character who was turned down by every publisher in town. It's sad, but true.
To all knuckleheads who say 'The SOLD their rights'
by toadkillerdog
Apr 1st, 2008
01:23:48 PM
In 1976 congress changed the copyright laws to allow creators and their HEIRS the right to terminate copyright once the apparent value is known. In English, that means that no one knew the value of Superman at the time, and since it went on to be worth Billions of dollars, the $130 contract, and the subsequent pittance of a settlement, could be renegotiated. - I re-printed the above from one of my earlier posts because some people just post an opinion without knowing the facts.
Anchorite, did you read the ruling?
by toadkillerdog
Apr 1st, 2008
01:32:08 PM
Do you know how narrow it really is? It does not assign the ownership of Superman to the heirs, it only deals with the events of Action Comics #1, and in that vein only profits that can be proven to be derived from that particular comic are even in question, and that question remains to be answered. They might not get any money. You seem willfully ignorant in this matter, not to mention contradictory with the Constitution issue you raised, because as you pointed out, if we can change the Constitution, which is the greatest legal document in this country, why on earth can we not change a contract that is unfair to the creators once an apparent value has been established?
Anchorite Re: 1976/1978 copyright
by toadkillerdog
Apr 1st, 2008
02:15:08 PM
The question of whether this will create legal fallout has been asked and answered already. This legislation was passed in 1978! This is 2008, thirty years later, and it has not created any legal firestorm or ripped open the fabric of contracts. Joe Simon, who as i am sure you know, co-created Captain America, successfully sued and won on appeal the copyright to Cap. Does he own Cap now? No, he does not. Because even though he won on appeal, it still would have been years maybe decades to sort out true ownership. So, in 2003 Marvel settled with him for an undisclosed amount, and they keep Cap. My point is: Contracts can be renegotiated when apparent value can be better established, but that does not mean that ownership will automatically return to creators and heirs, and even then not without long legal battles, and even then not without a settlement that will benefit ALL sides. It truly boggles my mind that people on THIS site, would side with the companies that truly screw the creators out of their rights. The legislation was written in 1976, but was not passed until 1978, for all of those who may be confused by the dates. NOw, to the question at hand.
Captain America was returned to Joe Simon, but Marvel settled
by toadkillerdog
Apr 1st, 2008
02:39:41 PM
Does that not mean anything to you? First of all Simon won ownership, of Cap, and he settled with Marvel, Siegels heirs have only won partial copyright onwnership of Action comics #1, and they case is stil ongoing. Do you really think Time-Warner would not settle if an expanded ownership was granted? And the reticence over Superman returns sequel existed long before this case got this far. The box office was disappointing considering the amount of money it cost to make and market the movie. No, WB was very heistant to greenlight a sequel because the first movie was bad and performed badly. There is no question that TV, movie and some other ancillary rights would have to be negotiated if the case is resolved in favor of the heirs, but that is a very long way off.
Nah, All-Star Superman is more like...
by Boneyard
Apr 1st, 2008
04:44:50 PM
Superman from the 50's than Supes in the 40's. But then again, if you knew what the hell you were talking about you'd already know this.
toadkillerdog
by one9deuce
Apr 1st, 2008
06:18:24 PM
You sound like a broken record: "no one knew the value at the time" "no one knew the value at the time". So. Fucking. What. That is how life works. If you had designed a house, build it in Santa Barbara in 1950, and then sold it in 1960, who gives a shit if it's worth two million now? It was sold in 1960 for $20,000. Your loss.
Toadkilllerdog
by 900LBGorilla
Apr 1st, 2008
07:29:09 PM
I saw that you quoted this law – though the link doesn’t seem to work, thanks for putting it there. I believe they probably did write something that dumb especially given the Congress and president at the time- problem is that should not have retroactively applied to contracts that were clear …plus the concept is simply retarded.

I would agree that this should apply if he contract was not made in good faith or the creator were somehow duped-but that is generally covered in contract law as it is….this is another lawyer dupe…let’s argue (i.e. make money) about something that was a legal, binding, fair, and settled by both parties….Shakespeare was right….we should kill all the lawyers (or least most of them).

Wingnuts= 3.5 X the IQ of Bacci 40 (which apparently is his IQ)
by 900LBGorilla
Apr 1st, 2008
07:45:22 PM
Hey IQ 40, if your idiotic evaluation is correct, how do you explain that they sold the rights for $135 (other than the fact that $135 was noteworthy value compared to the property at the time)?

And are you saying a company never lost money creating and marketing, and printing a product and otherwise? Really?.... is that what you reeeally think? Maybe you need me to draw you a diagram….cause that’s a mind bogglingly ignorant. position.

Then you go on to bitch about dragging lawsuits out…when the topic here is a Contract SIGNED, FINALIZED, PAID FOR, AND COMPLETED WITH CONSIDERATION BY BOTH PARTIES WHEN THE CHECK WAS CASHED….The only dumb thing is here that there IS a lawsuit to begin with.

Oh and PS Retardama aint gonna be President….unfortunately that means Mc-Lame probably will be…and both morons will probably close Gitmo….this election is going to be between Dumb and Dumber…thanks to lots of 40 IQ voters just like you.

Hindsight is 20/20
by Marvinatmiddleage
Apr 1st, 2008
10:10:56 PM
Last time I sold something to someone it wasn't mine anymore. Does this mean everyone who sell's something on Ebay can sue for compensation when their 25 cent tricket ends up being worth thousands? They sold an idea. It's gone.
One9deuce
by toadkillerdog
Apr 1st, 2008
10:30:40 PM
This thread seems dead so I'm not sure you will get this, but any way here goes: Your analogy is stupid. The Law provides relief for creators who have bargained away their rights without fully realizing the value. You may beleive that is a broken record, but that is simply because you probably have not created anything that allows you to to experience what it truly means to create something that has never existed before. Superman or a character like him, NEVER existed before S&S. The single most important creation in Comics history, and it was sold for 130 dollars. No one knew the value - which turned out to be billions, only an idiot would claim that the creators of such an iconic figure do not deserve to profit from it, especially when the law allows for a renegotiated contract.
900LBGorilla
by toadkillerdog
Apr 1st, 2008
10:48:19 PM
Superman started an industry, it created the super hero we know today. it was the progenitor, the single most important comics creation of all time, and if you truly believe that the creators of such a singular seminal event, wh signed away the rights when no one knew the value, but now has been established in the billions, if you truly believe that they and or their heirs deserve nothing, then I have nothing further to say to you or anyone who holds such a ridiculous belief.
Jews fighting over money
by llac12
Apr 1st, 2008
10:51:48 PM
Great.
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