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Marvel superheroes are anticipating a big summer on the silver screen with four blockbusters waiting in the wings. Captain America, Spider-Man, X-Men and The Guardians of the Galaxy are all ready to prove that their real superpowers are their ability to generate billions of dollars worldwide from ticket sales and merchandising.

With all that cash soon to be whirling around, It was a wonderful feeling to discover from  Bill Mantlo’s brother Mike, that Marvel had come to an agreement that would compensate Bill fairly for his part in co-creating Rocket Raccoon, the expected breakout star of the Guardians of the Galaxy film due in August. It is a bitter sweet victory since Bill now resides in a nursing home a victim of permanent brain damage sustained by a terrible accident in 1992.

Marvel’s settlement with Bill Mantlo, though undisclosed, appears to be one that is quite satisfactory to his family and is indicative of other agreements that seem to be quietly negotiated with other creators whose characters were created as work-for hire and are now being featured in this wave of popular films. Creators appear to be receiving some type of small ongoing royalties from profits generated by their work.

For those of us that grew up worshiping Marvel and the creators that brought so much excitement into our lives,  it is a dream come true to see Marvel attempting to treat the creators fairly and compensate them for their contribution.

Unfortunately the realization of this dream is just a mirage.

In less than a month Captain America: The Winter Soldier will burst into theaters and the granddaughter of Cap’s co-creator, Joe Simon, celebrated it’s impending release with a lovely tribute intended to remember her grandfather’s most significant contribution to the world of comics.

Megan Margulies http://meganmargulies.com/ writes about how her grandfather, who passed away in 2011 shortly after Captain America the First Avenger was released, was always so proud of his creation. She subtly points out that he had reached a settlement with Marvel in 2003 that relinquished all of his rights to the character for a an amount of money so small it left the most meaningful part of the agreement being that his name and the name of co-creator Jack Kirby was required to be displayed during the opening credits of any Captain America movie.

She describes seeing his credit on the film as a great source of pride for her and Joe’s extended family as they all represented him at the LA premier of the film.

As much as anyone can appreciate being recognized for our accomplishments we all know that pride is wonderful but, at the end of the day, that and a cup of coffee ain’t getting anyone anywhere.

Dig a little deeper and read Megan’s 2013 Fourth of July tribute to her grandfather and you realize that, in her own poetic way, she wants the world to know that this man that co-created one of the greatest superheroes of all time lived a very modest life until his death at 98.

He lived in a small messy apartment that he shared with mice and a squeaky armchair. His most prominent piece of furniture was his ink splattered drawing board. The family found it necessary to sell off most of his art, a piece of which her fiancé bought for her from auction in remembrance of her grandfather.

This humble and loved man was proud of his creation but he and his family never had and never will benefit from the incredible wealth that Captain America is able to generate.

So, in my opinion, Megan’s tribute reads like an eloquent concession speech given by someone who has lost a great battle.  She took the high road and showed tremendous sportsmanship, choosing to focus on Joe Simon’s legacy rather than the ugly details.

Megan has taken the same road as the Kirby family who have finally lost a bitter war with Marvel over their father’s stake in not just Captain America but many of the characters in the Marvel Universe.

The Kirby’s, in defeat, have similarly focused on preserving Jack’s legacy by actively promoting a positive image of his contribution to comics, and managing a wonderful Kirby4Heroes campaign to aid the Hero Initiative.

It fascinates me that Marvel can pick and choose those that they are willing to compensate in an effort to manipulate public opinion while those that have been most responsible for their vast wealth are perpetually denied.

To me, it is a crime to march a creator’s family on to a stage to promote a film whose movie premier alone probably cost more than the settlement that Joe Simon received.  It is a travesty that the actors portraying the characters make more for one film than Joe Simon and Jack Kirby made in their lifetimes. It’s a shame that the profits generated from these films could support a small country yet the heirs of these creators find themselves selling prints on etsy, surely not for the fun of it.

it is a huge mistake to read Megan Margulies tribute to her grandfather and get so overwhelmed by the tremendous respect and pride that she has for what Joe Simon accomplished that we fail to remember that he and his family are victims of an unscrupulous corporation that will deny fair and reasonable compensation to the families of their greatest creators.

Marvel, you had us going there for a second, but compensating creators needs to be more than a PR stunt. Make it a retroactive and significant part of your corporate strategy and then we will all be impressed. Until then, enjoy watching creators die in poverty while your execs and shareholders get fat at their expense.

Making Comics Because We Want to,

Gerry Giovinco