MARVEL SETTLES WITH JOE SIMON

[MattBrady]

Putting to end a years-long legal battle over the ownership of the Captain America character, it was announced early this morning that Marvel and Cap creator Joe Simon have reached a settlement in regards to the character, with Simon assigning Marvel any and all copyrights to the character.

Simon’s battle for Captain America dates back to 1999 when the creator filed paperwork to terminate the transfer of copyright he made to Marvel Comics in 1940. While controversy broke out shortly after the filing of what Simon’s role in the creation of the character really was (as many have strongly suggested Jack Kirby was at least a co-creator of the character), Simon was following in the footsteps of the widow and daughter of Superman co-creator Jerry Siegel, who had done the same with Superman and DC Comics – a matter which, reportedly is still yet to be settled.
Simon filed the paperwork in late 1999, and, if his efforts had succeeded initially, the copyright would have been returned to him on December 7th, 2001.

Much legal maneuvering ensued following the initial filing, the case moved laboriously toward the courts, with the most recent update coming in June of this year, when Simon’s lawyers were forced to go back to the Second Circuit Court of Appeals and try to get a jury trial.

Marvel’s press release for the settlement reads:

”The specific terms of the settlement are confidential; however, the settlement included Mr. Simon's assignment to Marvel of any and all copyrights he has in Captain America.

“With the lawsuit now settled, Marvel will focus its attention on aggressively building the Captain America property across a variety of mediums. This will include feature film and television deals, licensing/merchandising, promotional programs and exciting new publishing initiatives.

"Captain America ranks as one of the most recognizable Super Heroes in the world, who can stand quite firmly alongside Marvel's biggest name - Spider-Man," stated Allen Lipson, Marvel Enterprises CEO. "Now, with the legal issue behind us, we can fully explore the deep value that this property brings to the Marvel Universe."

[Simon DelMonte]

So, what exactly does Joe get for all this? I hope he issues a statement.

Reading Marvel's statement, it is painfully clear that Cap is just another product to Marvel. Kind of makes me wish Joe had won the rights back.

[Jeffbot]

Originally posted by MattBrady
Simon filed the paperwork in late 1999, and, if his efforts had succeeded initially, the copyright would have been returned to him on December 7th, 2001.

Is this just a strange coincidence, or is there a reason SImon was supposed to get back the rights to Cap on the 50th anniversary (to the day) of the attack on Pearl Harbor and the beginning of WWII for the US?

[cyclopsfan]

I'm happy to see that all has ended well. Unfortunately I have to admit I have not found a cap series lately that I have been inclined to buy. Any suggestions on really good Cap stories?

[MattBrady]

That was the original plan, and yes, it was timed to coincide with that day.

MattB

[Hdefined]

Originally posted by Simon DelMonte

Reading Marvel's statement, it is painfully clear that Cap is just another product to Marvel. Kind of makes me wish Joe had won the rights back.

I kind of agree. I've never been interested in Cap, besides his Avengers appearances, because his being a "man out of time" just means he used to have a purpose but now he's just another hero. I want to see Cap stories in which Cap is the ONLY character who can handle his situations. That is, I'm not interested in seeing Cap fight Baron whomever or this Dictator, because Thor or Iron Man or 70 other characters could get the job done just the same, if not more efficiently. I want to read a story that can only be told about Cap.

[ajrobles51]

Hopefully both sides won in this matter, because Captain America is my favorite character of all time. As long as I can remember I've been a Cap fan. Hopefully this will allow the character to be given the amount of attention that the other Marvel characters receive.

the first step has to be to get the monthly title back to form. Teh entire "Ice" storyline was just awful, and I rank it right up there with Cap-Wolf and the Superpro armor fiasco's. I'm really enjoying the current arc, and I hope that this is a sign of things to come.

[Michael P]

Anyone else think the root cause of all this might be that somebody's optioned a Cap movie?

[Cliffy]

Originally posted by Simon DelMonte
So, what exactly does Joe get for all this? I hope he issues a statement.

As mentioned in Marvel's statement, the settlement terms are confidential. Even if Simon does issue a statement on the case, it won't say any more about the issue.

--Cliffy

[ajrobles51]

Originally posted by Michael P
Anyone else think the root cause of all this might be that somebody's optioned a Cap movie?

I know that Joe Q. has always stated that he wold love to have a Cap movie done, but in order for it to be a viable option I really think they need to improve the monthly. I had heard some rumors about a Cap movie involving Brad Pitt, but they were quickly discredited.

Ideally I'd like to see someone like Paul Walker carry the shield, but based off of what I've heard about a Cap movie Joe Q. doesn't even think that the costume and shield are that important.....

[Bob Z]

Simon filed the paperwork in late 1999, and, if his efforts had succeeded initially, the copyright would have been returned to him on December 7th, 2001.

Is this just a strange coincidence, or is there a reason SImon was supposed to get back the rights to Cap on the 50th anniversary (to the day) of the attack on Pearl Harbor and the beginning of WWII for the US?

...umm, sorry to have to point this out, but Pearl Harbor was attacked on December 7, 1941, not December 7, 1951. Thus, it would have been the 60th anniversary, not 50th.

[SpyGuy]

Weren't there rumors about Brad Pitt possibly being in talks for a CAPTAIN AMERICA movie? Personally, I'd prefer an unknown for the role...

And hey, I hear the movie already has a theme song...I believe it's called something like "The Star-Spangled Banner"...

[Falkner]

Originally posted by Michael P
Anyone else think the root cause of all this might be that somebody's optioned a Cap movie?

Wasn't Cap one of the characters in the Artisian deal? If so, say goodbye to the chances of a big budget movie.

[Caramuru]

Captain America could be a really great movie if done properly. But I really doubt it could be done properly. Movie producers are not going to get past the red white and blue and allow for any real character development. Specially with the current political climate and Showtime's Riefenstahlian "DC 9/11."

Even in the comics, Cap writers seem to have an almost unconscious tendency to water down any real thought-provoking issues that show up. How many times I've read about some terrorist or dictator showing up and mouthing off with some twisted sense about his ideologies just to have Cap in the end punch him out and deliver the patriotic meaning of the story in a few lines? (Which completely undermine the premise of a villain attempting to throw him off balance in the first place) If I know Captain America can never be thrown off-balance, then I'm not interested in ideological debates in his stories. Then he becomes too one-dimensional. And Cap, more than most super heroes out there, should have also a real political side, besides the human, personal side.

[Jeffbot]

Originally posted by Bob Z
...umm, sorry to have to point this out, but Pearl Harbor was attacked on December 7, 1941, not December 7, 1951. Thus, it would have been the 60th anniversary, not 50th.

Crap. I knew that.
That's what I get for posting this early (for me) in the morning.

[Richard Werder]

is that he's too safe. In order for him to be interesting, he's going to have to take some sort of strong political stance, and since Marvel doesn't want risk offending Republican or Democrat readers, he's going to continue to be this wishy-washy character.
The most interesting interpretation of El Capitan we've had so far is Millar's Ultimate Cap. Why? Because he's being written as a Republican. Not that making him a Republican is better than making him a Democrat, but at least someone got off the fence about it.
Yeah, he's the symbol of America and all that, but he's a man under the costume. Let him be a man. Let him make mistakes, let him have an opinion, right or wrong. Let him be flawed.

[Richard Werder]

Oh, and I hope Mr. Simon got some good money out of this.

[Ian]

Originally posted by MattBrady
"Captain America ranks as one of the most recognizable Super Heroes in the world, who can stand quite firmly alongside Marvel's biggest name - Spider-Man," stated Allen Lipson, Marvel Enterprises CEO. "Now, with the legal issue behind us, we can fully explore the deep value that this property brings to the Marvel Universe."

There's a universe? I thought there was just a loose conglomeration of disparate titles written in arc formats in order to package better for bookstore readers.

Huh.

[Hdefined]

Originally posted by Richard Werder
is that he's too safe. In order for him to be interesting, he's going to have to take some sort of strong political stance, and since Marvel doesn't want risk offending Republican or Democrat readers, he's going to continue to be this wishy-washy character.

I think you've nailed it, but maybe the problem isn't in having to choose Repub or Dem, but maybe Cap could start his own, I don't know, a new political party, kind of like Thor's been establishing his own religion (well, the norse religion, but it's his). The way Marvel uses Cap, since Cap very plainly ISN'T a lapdog and ISN'T just a soldier anymore, I see him kind of fighting the establishment for the sake of the people, maybe something a little more akin to Earth X Cap.

deleted

[MayorBigRig]

Of course Cap is just another product to Marvel's business end, they're the ones that handled the lawsuit. I'd like to walk through Marvel's corporate office at some point and see how many of the people working there even care for the comics at all.

But that's only on the business end.

You can tell that the creators care for Captain America. Well, everybody but Chuck Austen. John Romita, Jr. said this in his bit on the Daredevil "Men Without Fear" documentary on the 2nd disc of the DVD... He said that yes, he loves his job, yes, he loves the characters, yes, he's glad he's doing it, but it's a JOB. It's about money. It just so happens that he can get the money by drawing comics. Comics are an art form, yes, but they're a business first. If they don't make money, they're not made. That's how it is.

[OM]

Originally posted by Jeffbot
Is this just a strange coincidence, or is there a reason SImon was supposed to get back the rights to Cap on the 50th anniversary (to the day) of the attack on Pearl Harbor and the beginning of WWII for the US?

...Actually, it was the 60th anniversary, not the 50th. It was the Germans who bombed Pearl Harbor in '51.

[MikeD]

Originally posted by Simon DelMonte
Reading Marvel's statement, it is painfully clear that Cap is just another product to Marvel. Kind of makes me wish Joe had won the rights back.

Wow, an entertainment company trying to profit from a fictional character that it owns...how DARE they!

[dollman]

Originally posted by Simon DelMonte
So, what exactly does Joe get for all this? I hope he issues a statement.

Reading Marvel's statement, it is painfully clear that Cap is just another product to Marvel. Kind of makes me wish Joe had won the rights back.

I'm not sure if painting Marvel is the bad guy is entirely appropriate in this case. Yes Marvel should acknowledge Simon as co-creator, and yes Simon should receive some royalty from the character. But let's face it, if you ask most fans who created Cap, they would probably say Jack Kirby. Just how much involvement did Simon have with Cap anyway.

Also in terms of cash generating properties, Cap is no where in the league of Spidey, X-Men, Hulk, or even Daredevil. So how big a windfall would Simon get anyway? If Cap is as valuable a commodity as Simon thinks, why did he file legal action in 1999? Why not 20 or 30 years earlier? Has Simon been involved in comics in recent years? If the rights did revert back to him, would he be self publishing or would Cap just sit in the drawers?

Not to be a Marvel apologist folks, but I think Cap is best served by remaining another Marvel "product."

[Nat Gertler]

Originally posted by dollman
But let's face it, if you ask most fans who created Cap, they would probably say Jack Kirby.

Which doesn't make it so.

Just how much involvement did Simon have with Cap anyway.

History is not clear on this; he now lays claim to having created the character, which is in contrast to the traditional crediting of both Simon and Kirby as creators.

Also in terms of cash generating properties, Cap is no where in the league of Spidey, X-Men, Hulk, or even Daredevil.

...at the moment. Likely for most of the years before the Daredevil movie, Cap generated more cash. Given Hollywood's appetite for Marvel product, I expect that there will be interest in a film now that the ownership concerns have cleared up.

If Cap is as valuable a commodity as Simon thinks, why did he file legal action in 1999? Why not 20 or 30 years earlier?

He has gone after the rights before, in 1968. This particular seeking of the rights is timed based on when it is allowed under copyright law.

If the rights did revert back to him, would he be self publishing or would Cap just sit in the drawers?

My guess is that it most likely would be neither, but rather that the character would be sold (as has basically happen, with the caveat that it was the uncertain rights that were sold) or licensed out, much as the Simon co-creation The Fighting America was licensed to Marvel, DC, and whichever-Liefeld-company-was-active-at-the-moment.

Not to be a Marvel apologist folks, but I think Cap is best served by remaining another Marvel "product."

[Allen Smith]

I'm glad that Joe Simon got something out of the creation of Captain America, even if we don't know what it is. I hope that he now is at least in a financially secure situation for his retirement years. I enjoy what Marvel has been doing with the Cap book, so I'm glad they kept ownership while at the same time giving Joe his due. I wish that Marvel would settle with the Jack Kirby estate, so we could see a credit line in Captain America that says, "Created by Joe Simon and Jack Kirby".

[Jamie Coville]

Originally posted by dollman
I'm not sure if painting Marvel is the bad guy is entirely appropriate in this case. Yes Marvel should acknowledge Simon as co-creator, and yes Simon should receive some royalty from the character. But let's face it, if you ask most fans who created Cap, they would probably say Jack Kirby. Just how much involvement did Simon have with Cap anyway.

Well, he named the character, designed the costume and wrote the first 10 stories. He also likely helped out with the art. Jack did the pencils for the first 10 issues.

Also in terms of cash generating properties, Cap is no where in the league of Spidey, X-Men, Hulk, or even Daredevil. So how big a windfall would Simon get anyway? If Cap is as valuable a commodity as Simon thinks, why did he file legal action in 1999? Why not 20 or 30 years earlier? Has Simon been involved in comics in recent years? If the rights did revert back to him, would he be self publishing or would Cap just sit in the drawers?

Joe Simon has made a previous attempt to get Cap back. He filed a lawsuit way back in 69' IIRC. He eventually had to settle out of court. After the Sonny Bono act came in and he was able to try and get the copyright transfered back to him. This was the result.
Hopefully now he's getting the royalites even you think he should get.

As for the windfall, something is better than nothing. Not to say that something would have been insignificant. To Marvel the money is probably small change. To a senior citizen, the money made from everything Captain America would be a nice pension.
Plus I'm sure he'd like the money to go to his wife and kids.

[comixguypa]

Wait...Millar writes Cap as a Republican? I think fascist is more the correct term. It's a very imperialistic, ultra-nationalist view, which contrary to popular belief, does not mean he's a Republican.

[farwell3d]

From a moderate perspective, Cap is somewhere between a mainstream Republican conservative and a far-right wing pacifist in the Ultimates.

I think we can all agree he would almost certainly be voting Republican over Democrat though.

Edit: As should be fairly obvious, I meant to type Facist not pacifist up there... Talk about a freudian slip.

[RDFozz]

Originally posted by MattBrady
"Now, with the legal issue behind us, we can fully explore the deep value that this property brings to the Marvel Universe."

Umm, is this why the MU Cap has been so poorly served by the books he's headlined for the past several years?

Gee, we've heard of creators who were "holding back" from delivering their best work. I don't know whether the news that Marvel itself was doing the same thing with Cap for an extended period of time would be happy or sad news....