Writer. Creator. Large mammal.

Month: April 2011

More on the Kirby Controversy

JayJay here. Someone has stated that Kirby never actually filed a lawsuit against Marvel and has made a number of comments about Jim’s recollections. Here is his reply:

You may be correct, possibly the suit was never filed. I was Editor in Chief, not company counsel. Around the office, the matter was routinely referred to as the “Kirby lawsuit.” We certainly received a barrage of letters and demands from Kirby’s attorneys, many of which I saw.

If Jack and Roz had no interest in suing Marvel, you sure couldn’t tell that from Marvel’s POV. Their lawyers came at Marvel pretty aggressively.

I attended a panel at the San Diego Con, misleadingly titled, which turned out to be a Marvel-bash-fest MC’ed by Gary Groth. I don’t remember the year. ’79? ’80? Thereabouts. Groth opened with a diatribe against Marvel and its horrible unfairness to Jack. Then he turned the mic over to Jack. 

Secrets of the Secret Wars

The road that led to Marvel Super Heroes Secret Wars actually began when Kenner Toys licensed the DC Universe for a boys’ action figure line. Their competitor, Mattel, already had their He-Man action figure line, which was doing very well, but wanted to hedge the bet in case comic book character action figures became the rage. So, they came to Marvel to talk about licensing our characters. One thing they demanded of us was an “event,” a special publication or series to help launch the toy line. I offered an idea that was suggested by a dozen or so correspondents — usually younger ones — in the fan mail every day: one big, epic story with all (or many) of the heroes and villains in it. Everyone agreed.

We went through a number of ideas for names for the toy line and series. Mattel’s focus group tests indicated that kids reacted positively to the words “wars” and “secret.” Okay.

Mattel had a number of other requirements. Doctor Doom, they said, looked too medieval. His armor would have to be made more high-tech. So would Iron Man’s, because their focus groups indicated that kids reacted positively…etc. Okay.

They also said there had to be new fortresses, vehicles and weapons because they wanted playsets, higher price point merchandise and additional play value. Okay.

The Jack Kirby Artwork Return Controversy

Before the mid-seventies, no one got artwork returned. Actually, few cared about it. As the collector market grew stronger, and the artwork became valuable, artists started caring.

By the time I became editor in chief at Marvel in 1978 (and therefore was in a position to have a voice in the Marvel management), both Marvel and DC had instituted art return policies. Marvel’s, set up by Roy Thomas, gave writers a share of the pages. Go figure. As soon as I could, I changed that — one reason why a few writers like Moench and Thomas didn’t like me. Tough. I did what I believed was right.

Kirby worked for Marvel during that period and had art returned to him just like everybody else. The dispute arose over the old art, from before the return plan was instituted, which was in a warehouse.

I was on the side of Kirby and all the other old artists. I tried at every opportunity to convince Marvel’s brass to return the old artwork. There were many reasons cited by the corporate counsel, financial officer, etc. why this was a problem — i.e., the art could be considered an asset, and couldn’t be disposed of with no benefit to the stockholders of a publicly traded company, tax issues and lots of other nonsense.

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