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The New 52: Disrespecting the Dead Guy?

Tuesday, September 10th, 2013

Knee-jerk reaction? Maybe, but when I saw a headline on Bleeding Cool that the late Jack Kirby was being used as a character in DC’s New 52 I almost had an aneurism.

What are they thinking?!

Fanboy homage  aside, Jack Kirby is a man whose legacy is, beside being arguably the greatest and most dominant comic creator of  all time, that he and his heirs have been stripped of creator ownership of most of his creations developed  in his five decades in the business. We are not talking deprivation of scant royalties either. He was significantly responsible for the most marketable characters at Marvel, a company that is currently worth several billions of dollars. Jack Kirby has been violated by the industry he played a major role in building. Gang raped by the industry that he dedicated his life’s work to.

I was surprised to discover that Kirby had actually spent more time working for DC than Marvel over his long career and, though this does not account for the ton of work he did for the company in the 40′s and 50′s, it is well documented that DC has fairly paid royalties for his work done late in his career. They proudly claim  that Kirby made more money off of his work  from his New Gods characters than he made from all of his work done for Marvel, citing royalties paid for appearances and merchandising related to the Super Powers series.

That, of course was a different DC comics, lead by creator friendly Jenette Kahn and Paul Levitz who pioneered royalty sharing and creator ownership at a time when independent publishers were forcing the Big Two to recognize the value of creator’s rights.

The new DC, purveyor of the New 52 that is aggressively bastardizing their entire line of characters in a strategic effort to prevent copyright reversion and the immanent threat of public domain, is not so creator friendly.

Ask Alan Moore whose WATCHMEN was ripped from his control and whored out without his consent long after he had been courted with promises of creator ownership of his work. BEFORE WATCHMEN was a slap in the face to anyone who thought DC actually respected creator rights.

Ask Gerry Conway who recently reached out to his fans in an effort to be notified when his creations would appear in various media so he could file forms to be paid royalties due through DC’s “equity participation program.” Conveniently, the new DC is not in the business to notify the creators when their characters are used. The burden of discovery is on the creators and payment is not retroactive.

Ask Jerry Ordway whose work defined DC Comics back in the 80′s and 90′s. He cannot get a lick of work today from the company he helped keep afloat in turbulent times.

Ask the heirs of Jerry Siegel and Joe Shuster who watch the iconic character that these two men created be endlessly rebooted to the point of mutilation where Superman and his story are no longer recognizable, all to protect DC’s ownership of the IP.

The New DC, has no respect for the creators, the characters or the fans. They are run by a narcissistic band of privileged fanboys, focused only on their own singular vision and the bottom line.

So, the thought of Jack Kirby appearing as a character in the New 52 stirs the acid in my gut and makes me want to puke. Kirby deserves better than to have his likeness paraded in faux homage as a cartoon character in a comic book. I imagine the Kirby character showing up in future encyclopedias of the DCU, in animated series and in 3DCGI video games, all with a DC trademark attached.

Worse yet, I imagine Marvel falling in line and parroting DC. Why not? He’s a historical figure. “We’re only trademarking our rendered interpretation of him, like Disney did with Pocahontas.

I’m sure this rant sounds irrational but tell that to fans of Bruce Lee.

Audrey Hepburn,

and Fried Astaire

who have seen their idols resurrected from the dead by advanced media technology to sell whiskey, chocolate and vacuums. At least these commercials were made with compensation to the appropriate estates or heirs.

There was a time when DC would go to great lengths to gain approval of a celebrity’s likeness. They required Neal Adams to get approval for the 170 famous faces that he drew in the 1978 Superman Vs. Muhammad Ali wraparound cover!

I guess they don’t feel the need for approval to use Jack as a character because he is dead.  What’s he going to say, “I’ll sue you?”

While DC is squeezing yet another buck from the legacy of Jack Kirby,  his granddaughter, Jillian, is plugging along with her Kirby4Heroes kirby4heroes.com campaign to raise money for the Hero Initiative to support other comic creators in need. That’s what Jack would have done. It’s what would have made him proud. Her Kirby4Heroes facebook page is a glorious celebration of the joys that her grandfather brought to all of us and the impact he had on popular culture.

She and her family have taken the high road to place Jack on the pedestal he has earned. Do they deserve, as heirs,  to be compensated handsomely for Jack’s contributions to the industry? Absolutely! But it is more important to them that the good will of his name be maintained in a dignified and positive manner.

Jack took enough abuse from the comics industry when he was alive. Can we please show some respect now that he is gone? He will have been 100 in just four years. Is it possible that his centurion celebration will be one of honor rather than a crass marketing bonanza benefiting those that need it the least?

I pray that I see no Jack Kirby action figures with a jointly owned Marvel/DC trademark stamped on his ravaged behind.

Making Comics Because  We Want to

Gerry Giovinco



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