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Dow Jones Business News reported the following:

Marvel Enterprises Inc. (NYSE:MVL - News) might be sued by Chairman Emeritus Stan Lee if it doesn't pay him 10% of company profits earned from movies and television programs, including ancillary rights, that use the company's characters.

According to a Form 10-Q filed Wednesday with the Securities and Exchange Commission, Marvel Enterprises said it received a written claim for the profits from Lee and "the threat of litigation" against the company if it doesn't pay him the profits.

Lee said he believes the profits are owed to him under the employment agreement he signed with Marvel Enterprises on Nov. 1, 1998, the filing said.

The company said it's paying Lee an annual salary of $1 million, and it believes his claim is without merit.

Marvel Enterprises, New York, publishes comic books and makes toys based on Marvel Entertainment's more than 3,500 characters.

Thanks to 'rcooper' for the alert.

http://www.superherohype.com/cgi-bin...6694206,95486,

http://biz.yahoo.com/djus/021107/1217000916_1.html

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After watching the 60min special with Stan Lee, I’m extremely glad he went forth with this action! This guy MADE SPIDER-MAN!

Mutley Hyde

Well, my assumption is that that 1 mil a year salary was for a specific terms which may not have included film rights, although I could be wrong. If that is the case however, then absolutely he should get royalties for any movie based on his characters, including The Hulk and whatever else comes out of the woodwork (X-Men 2, Daredevil, etc.).

IMO

mookiemeister

Stan Lee created so many memorable superhero characters. If his salary doesn't account for all his creations, then he should be separately compensated for them.

Nick Danger

Ditko created Spiderman. Bad example. Stan Lee and Jack Kirby created the Fantastic Four and Hulk, among others.

Stan the Man tends to leave out other people's contributions when he tells his life story.

calhoun07

I was surprised they gave Steve Ditko credit on the Spider Man movie. I wonder if Steve got his fair share off the movie?

Stan leaving out other people's contributions is a plague of the comic book industry dating back to the 1930's. Bill Finger died without ever getting credit for helping Bob Kane create and flesh out Batman. Bill Finger also created quite a few famous sub characters in the Batman universe that generally goes to Bob Kane's credit. Bob Kane's comments in his autobiography? "He never asked for the credit." Uh, I didn't think you had to ask. It strikes me that there is little honor among comic book creators.

paradicelost

I was going to say, didn't Stan or Marvel rip Kirby out of not just money but a lot of credit as well.

elias

Steve's been getting the short end of the stick for years as far as his contribution to Spider-Man goes. If memory serves me correctly though, Stan created Spider-Man, at least in concept. Who actually created the image may be open to debate. I know Ditko wasn't the first artist approached to draw the comic. I believe it was Kirby. Stan wasn't happy with the way it was coming out so he he just re-assigned Kirby to another comic and brought Ditko in. I don't know if Kirby had already designed the character at that point but I do know the cover used for Amazing Fantasy #15 was drawn by Kirby, not Ditko.

Ditko did, however, plot the Spider-Man comics after a brief conversation with Stan, who was also the editor. He'd draw the comic and turn it in to Stan who added the script based on the artwork received. Ditko, somewhat surprisingly for the time, was eventually given credit for plotting in the comics.

I don't know about the "little honor among comic book creators" comment. I know a lot of these guys have huge egos but I've read numerous comments from Bob Kane recognizing the contribution of Bill Finger. It wasn't unheard of in the 40's to not list any creator credits in comics. Bob Kane was running the studio that created the Batman comics for DC at the time and the first page of art included his name, whether he drew the comic or not. He was somehow able to work out that deal back then. He must've had a good lawyer (at least better than Seigal & Shuster's!) because when he sold the Batman deal to DC he retained part ownership or part of the copyright. He was able to get what everyone wants, his piece of the pie. Kudos to him. Don't get me wrong, it is sad that Finger didn't get the money he deserved, which I'm sure he'd prefer to his name on the front of a comic. It doesn't surprise me at all the Finger didn't ask. It may never have even occured to him. At the time, that's how comics were produced. It sucks I know, but that was a product of the industry & publisher, not Bob Kane. DC had a hit with Batman by Bob Kane and wanted to continue to promote it as such. If the kids thought Bob Kane produced every Batman comic that was coming out (despite some obvious (to me) differences in the art) then the publisher was going to continue to promote it as such.

elias

I want to say "no" (at least as it relates to Stan) but I'm going to say "I don't think so" instead. Kirby, to my knowledge, was paid the work for hire rates typical for the time. His page rate may have been higher than other artists, especially over time, but he was paid fairly (legally fair anyway). I seem to recall a falling out between him and Stan, though I don't recall it being for being screwed out of $ or credits by Stan, though I might be wrong. He did leave Marvel to go to DC and create the New Gods and those related characters at this time though (& let's not forget "Superman's Pal Jimmy Olsen" one of the best Superman comics ever!).

Jack never sued Marvel, though he threatened to every now and again. His big problem with them was that they (Marvel) refused to return his original artwork. According to either work for hire agreements or contracts with Kirby, Marvel retained ownership of the artwork produced by Kirby. I always imagined a huge vault filled with Kirby pages! (Kirby is said to have produced some 24,000 pages of comic book pages along with all of the other artwork he produced, making him the most prolific of comic artists). Modern comic publishers have no need for the original artwork since they can make proofs & negitives of the art (or some new fangled computer scanning process I'm sure) in the event they ever need the art for reprint or other purposes. Regardless, the company wouldn't give the art back. I don't recall how that was eventually resolved, but I don't think he got the art.

Rypro 525

i heard that lee didnt get a penny for the spiderman movie??

majorjoe23

Lee hasn't gotten a penny for the movie, his contract states that he's to receive 10%. I agree that Ditko and Kirby shouldn't be ignored, but people are letting their personal feelings get in the way here, Stan signed a contract guaranteeing him cetain things, sadly Ditko and Kirby didn't get such an offer from Marvel. This isn't about who created the characters, it's about the contract Marvel agreed to and now isn't honoring.

MrN

Isn't Stan Lee a producer on Spider-Man? I find it hard to believe he didn't get any money, esp. since he's also listed in the credits as a creator and makes a cameo in the film.

elias

Well said. Like Bob Kane, if Stan had the forsight to work out a deal that gives him a cut of the pie, then good for him. He should have had a better lawyer to work out the percentage deal though. 2% off the gross would have been sweet rather than the 10% (if that's what he got) off the net with provisions. But Bob and Stan are/were both shameless self promoters while Steve Ditko was preferred to lead a secluded and private life drawing comics and reading Ayn Rand. Kirby is dead so he's not going to get anything but the appreciation he deserves, and which he does get. To Kirby I'd say thanks, to Stan I say, good luck!

Mutley Hyde

I personally don't think so. From a few things I've read in the past, Ditko gets plot credit, but not writing - there is a difference. Ditko also gets gadget and costume functionality credit from the get-go, but not costume visual design credit - that goes to Kirby. As far as the writing of the actual stories, the early ones anyway, well, I'd just like some proof that Stan didn't write those.

dvdguy

To clarify Steve's plotting, he would have a conversation with the editor (who happened to be Stan) to discuss generally what the story was about. Steve would then go and draw the pages on his own, with no script or story from Stan. Stan would receive the artwork and write the dialogue & caption boxes for it. Steve basically "wrote" the story, just not the actual words in the balloons, hence Kirby's comment.

sinister

stan has never left ditko or kirby out. they are always mentioned in his interviews. and yes, if the spider-man movie made over 1 billion dollars worldwide, stan should get some of that. he is the father of marvel comics.

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