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Author Topic:   Royalties and Archives/TPBs...
Carlo
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posted February 25, 2003 11:36 AM     Click Here to See the Profile for Carlo   Click Here to Email Carlo        Reply w/Quote
Greetings from the Deep South, y'all...

Tons of protocols of this wonderful hobby of ours I've yet to master, such as...

royalty payments and such to the various creators (estates?) whose work is reprinted in these superb Archives/Masterworks and countless trades...

I'd swear I recall a board member mentioning that the 4th Green Lantern (silver) was possible "fast-tracked" at Mr G. Kane's death to "assist" the family. If so, certainly a gracious gesture by DC (and yes, I realize the semi-gold mine this series is...)!

So again, can anyone enlighten me on the royal aspect of reprints?...contractual stuff?...I recall all that Kirby "mess" with Marvel a dozen or so years ago, too - also something to do with "who owns what"?...

Best...
Carlo

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Corrosive Kid
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posted February 25, 2003 04:32 PM     Click Here to See the Profile for Corrosive Kid        Reply w/Quote
I'm pretty sure that the various royalty programs as they pertain to reprints are voluntary on the part of the company, although that may have changed in recent years. The royalty threshold for the monthlies used to be 100,000 copies, and I'm pretty sure that's held constant, even though sales overall have dropped significantly. As for how much people get paid, with the monthlies, it was one percent of total sales, provided it crossed the threshold.

As for Kirby, Marvel wanted him to sign a waiver saying that Marvel Comics owned everything that he created for them lock, stock, and barrel before they would return any of his original artwork. Kirby wouldn't sign it, and that's what that was basically about. Marvel was really under no obligation to give the art back, but it had just become standard policy somewhere along the way and they were applying that policy retroactively to include the silver age. Realizing the mess they'd be in if Kirby ever sued (and won), they wanted to cover their bases and used the artwork as leverage.

And before everyone starts to throw stones at Jim Shooter, he had nothing to do with withholding the artwork. It was a decision made by Marvel's corporate brass. It was Shooter, in fact, who got the ball rolling on giving the artwork back, little realizing the demands which Marvel's lawyers would come up with. I remember him describing one of the warehouses where Marvel kept the art as being a place where you could break in with a can opener, thus prompting the decision to reunite artwork and artist since Marvel obviously didn't care what happened to it. This is before that art was worth a bundle, kids.

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OldGuy
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posted February 25, 2003 05:14 PM     Click Here to See the Profile for OldGuy        Reply w/Quote
I don't think that's the question that was asked. DC does pay a reprint fee to creatros they can identify. This is, I'm pretty sure, voluntary on DC's part. That is, they did not grant this right at the time they purchased the original story. (BTW I do not believe that Marvel currently pays reprint fees.)

This may be one reason why Bob Kane was identified as the artist on the recent Dynamic Duo Archive. Even though DC is (I think) not required to pay the fees, if they do pay them, they may, by contract, owe him and not Moldoff the repritn fees.


As for royalties on monthly books that sell well enough. I would assume that would be part of a contract and *not* voluntary, but I do not know for sure.

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Carlo
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posted February 25, 2003 07:56 PM     Click Here to See the Profile for Carlo   Click Here to Email Carlo        Reply w/Quote
Thanks for the Kirby summary, CorrKid...
hell, I even recall the inside/back covers of some "third world" comics(sorry! that's what I call the independents! )at that time with a somewhat of a "Save the Kirby" plea...

Thanks as well, OldGuy,for the DC policy up-date...

This Southern Gentle gives a tip of his mint julip glass to the suits at DC for this gesture! Bravo, DC.

Best...
Carlo

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India Ink
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posted February 25, 2003 09:06 PM     Click Here to See the Profile for India Ink        Reply w/Quote
This is one of the reasons I'm so up in arms about the Moldoff mess in Dynamic Duo archives, since it's not just about giving credit where it's due, but potentially about a lot of money owed to Moldoff.

As I understand it, along with creator rights, DC was in the forefront during the 80s and 90s in giving due recognition and paying out royalties. Effectively pressuring Marvel into doing the right thing by its creators (Scott McLeod's books, Understanding Comics and Reinventing Comics, have more to say about all this).

But by now, royalties aren't mere gratuities but standard industry practice. As this is standard practice, DC probably has a legal responsibility to pay royalties. However it would likely take a legal case or two to prove this in law (I don't know as yet that any legal cases have gone through the courts--there are probably current cases in litigation and cases that have been settled out of court--but no court cases that have yet made it onto the books in law).

In the Alter-Ego Comic Book Artist Collection, there's a piece about Bill Finger's son and his fight for royalties. Not having the book in front of me I can't recall the entire piece, but I believe Finger's estate was paid a one-time only royalties fee, and now DC maintains that it is no longer on the hook to pay royalties for more reprints. Since this book was published a couple of years ago, the case may have moved forward since then.

Likewise, it seems quite possible that Moldoff's attorneys and DC's attorneys are arguing over his royalties. In which case the DD archives may have avoided any further legal problems by simply crediting the official creator of Batman (in law) rather than the actual pencil pusher.

If that is the case, it really does stink to high heaven.

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OldGuy
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posted February 25, 2003 11:41 PM     Click Here to See the Profile for OldGuy        Reply w/Quote
DC was in the forefront on this (at least relative to Marvel), but this is NOT a matter of law. It's a civil matter of contract. There was no contract that DC shoudl have to pay for reprints. By and large this stuff was work for hire and DC did and does own it. They could reprint it without any royalty payments. There doing so does how some respect for the old creators.

The Moldoff issue is a tricky one. DC hired Kane to do these stories. By contract with him, they had to give him so much work per year. Kane subcontracted the work to Kane. (Officially DC did not know this, though most people in the office did.) If it's DC's policy to pay royalties to the creators, it *has* to go to Kane. Now if Kane were honorable (and there is much evidence against this), he'd pay the royalties to Moldoff.

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Carlo
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posted February 26, 2003 09:49 AM     Click Here to See the Profile for Carlo   Click Here to Email Carlo        Reply w/Quote
Thanks for stoppin' in, IndyInk...

I recall that Alter Ego issue as well, from some time back...

I wanna also swear (perhaps in that same issue?) I read some interview of sorts with Mr Moldoff in which in implies he was somewhat "at peace" with the arrangement he had with Kane, albeit chagrined at the lack of recognition (and monies). But yep, sometimes you'd wonder how Kane could "look in the mirror".

With all the "stuff" one reads of the contributions of Finger, Robinson, et al, you'd scratch your head figuring who really did give birth to this character...

best...
Carlo

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India Ink
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posted February 26, 2003 03:01 PM     Click Here to See the Profile for India Ink        Reply w/Quote
Yes, Moldoff, who is about my father's age, seems to be at peace with things in that interview--shows what a loving wife can do for a man.

My father, despite current medical problems for my mother, refuses to accept any veterans pay or any aid at all from veterans services, even though both my mother and father served in the armed services during WW II, and even though he risked his life as a paratrooper in wartime (and saw many comrades die or severely injured). He has some medals back in Ottawa, but he's never bothered to get them--doesn't want to know about them.

My father is a good man and I hope he's at peace with all the ghosts from the past, but as his son I'd like to see his contribution recognized and I'd like him to accept the gratitude of his country.

A bit of a personal analogy, but as a fan I want for Sheldon Moldoff things that he doesn't necessarily look for and would rather not worry over.

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Corrosive Kid
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posted February 27, 2003 09:09 AM     Click Here to See the Profile for Corrosive Kid        Reply w/Quote
Just a further thought...

At the time that DC instituted their royalty program on the monthlies, there were only two DC comics selling well enough to generate royalties: The New Teen Titans and The Legion of Super-Heroes. By comparison, just about every Marvel comic was over the royalty threshold, since said threshold was also Marvel's cancellation threshold (the only exceptions being their direct sales titles like Moon Knight and Kazar).

So it many not have been an entirely altruistic move on the part of DC. Marvel was forced to match DC's program, and it ended up costing Marvel a helluva lot more than it cost DC.

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Corrosive Kid
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posted February 27, 2003 09:12 AM     Click Here to See the Profile for Corrosive Kid        Reply w/Quote
And oh yeah, I'd like to see a Golden Age Hawkman Archives while Moldoff is still around to collect royalties on that. Unfortunately, Mr. Greenberger has told us that that doesn't factor into what gets archived or not.

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James Friel
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posted February 27, 2003 01:41 PM     Click Here to See the Profile for James Friel   Click Here to Email James Friel        Reply w/Quote
quote:
Originally posted by OldGuy:

...The Moldoff issue is a tricky one. DC hired Kane to do these stories. By contract with him, they had to give him so much work per year. Kane subcontracted the work to Kane. (Officially DC did not know this, though most people in the office did.) If it's DC's policy to pay royalties to the creators, it *has* to go to Kane. Now if Kane were honorable (and there is much evidence against this), he'd pay the royalties to Moldoff.

That's a very good point.
If DC had no direct relationship with Moldoff, then I think DC can honorably argue thet the question of the division of royalties is one that has to be settled between Moldoff and the Kane estate.
DC's certainly not obliged to pay both, and for DC to unilaterally decide to pay Moldoff rather than Kane, or to divide its payment, would invite a lawsuit from Kane.
I suppose the question of credits relates to this. It would make me more comfortable if the Moldoff stories were credited to "Bob Kane Studio" rather than "Bob Kane". A small difference, but a real one, for those who understand what it means.

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India Ink
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posted February 27, 2003 08:28 PM     Click Here to See the Profile for India Ink        Reply w/Quote
The more I think about this (without any information forthcoming from DC) the less it makes any sense to me.

If the question of royalties is between the Kane estate and Moldoff, then it's nothing to do with DC, insofar as reprints go.

Which means that DC could have published credits for the "Bob Kane studio" or for Moldoff, with impunity--as they have done in the Action Comics archives where variously the Shuster studio or individual artists are credited.

So the explanation for the wrong credits in the DD archive must lie elsewhere.

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James Friel
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posted February 27, 2003 08:34 PM     Click Here to See the Profile for James Friel   Click Here to Email James Friel        Reply w/Quote
quote:
Originally posted by India Ink:
...If the question of royalties is between the Kane estate and Moldoff, then it's nothing to do with DC, insofar as reprints go.

Which means that DC could have published credits for the "Bob Kane studio" or for Moldoff, with impunity--as they have done in the Action Comics archives where variously the Shuster studio or individual artists are credited....


Depends on the requirements of the DC/Kane contract. Maybe DC is obliged to credit Bob Kane personally for all work amanating from his studio.

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James Friel
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posted February 27, 2003 08:45 PM     Click Here to See the Profile for James Friel   Click Here to Email James Friel        Reply w/Quote
Emanating.

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