Year: 2011 Page 21 of 23

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. 

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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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Back in 1981 I was writing the Avengers. Hank Pym aka Yellowjacket was married to Janet Van Dyne aka The Wasp and things had not been going well for him for a long time.Before I embarked on the storyline that led to the end of Hank Pym and Janet van Dyne’s marriage, I reread every single appearance of both characters.  His history was largely a litany of failure, always changing guises and switching back and forth from research to hero-ing because he wasn’t succeeding at either.  He was never the Avenger who saved the day at the end and usually the first knocked out or captured.  His most notable “achievement” in the lab was creating Ultron.  Meanwhile, his rich, beautiful wife succeeded in everything she tried.  She was also always flitting around his shoulders, flirting, saying things to prop up his ego.As I was developing the storyline, I discussed the potential pathology of their relationship with a psychologist who happened to be sitting next to me on a five-hour flight.  The story made sense, he thought.  I went ahead with it.  During the time the story was running, I got a great deal of hate mail.  It worried me enough to ask Stan what he thought.  He said he got the same kind of mail in the ‘60’s regarding Peter Parker’s various romantic travails.  He asked me how Avengers sales were doing.  They were in fact, increasing by 10,000 copies per issue.  Stan said that people obviously cared passionately about what was happening to Hank and Janet, as if they were real people.  That’s the key.  And he said, “Don’t worry about the mail.”

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When I showed up at Marvel in January 1976, it was a mess. It was chaos on every level. I showed up at 10:00 AM to be interviewed by Marv Wolfman (as per his request) for an associate editor job, and Marv strolls in at around 11:30. Then he says, “Oh, I forgot; I’ve got to go to lunch now; I’ll be back at 1:30,” and off he goes. I shrugged and went to a coffee shop with the assistants. Meanwhile, the minute I walked in the door–I haven’t got the job, I’m just there to be interviewed–there’s this Bullpen full of people going, “Hey, the new boss is here!” They run over and start handing me stuff to do! I killed time waiting by proofreading a Captain Marvel for them. Once Marv and I finally got together, I got the job. I went home, packed and three days later returned to New York, once again with no idea where I was going to stay that night. So it was back to the “Y.” Sigh.

There was chaos, and everything was late. It was very disorganized, and in fairly short order I’d been to Marvel three times, and had seen three different Editors-In-Chief: Roy, Len, and Marv. As editor in chief, Marv presided over all of us–but the things that seemed to occupy most of his time were arguing and mollifying. That seemed to be the job. On a typical day he might be arguing with an artist who’d “left the pages in a taxi cab” for the third time, mollifying a colorist whose job had been badly separated, arguing with the circulation department about falling sales figures and mollifying the accounting department’s chagrin over a proposed fifty-cent raise for a letterer. 

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