The Justice Department has at last filed an anti-trust complaint in New York against Apple and five publishers over an alleged price fixing conspiracy. The decision to sue comes after weeks of media leaks that suggested the government was trying to pressure the parties into a settlement.
The issue turns on whether five publishers colluded with Apple to implement “agency pricing” in which the publishers set a price and the retailer takes a commission.
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The heart of the allegations turn on whether Apple acted as the hub of a conspiracy in which the publishers sought to freeze Amazon out of the e-book market unless it changed its pricing structure. Amazon had been using a wholesale model in which it bought books from the publishers and then charged what it liked.
Amazon often sold the e-books below cost in order to build market share and, in doing so, publishers believed it was setting an artificially low floor for prices.
The relevant question, of course, is: if agency pricing for e-books is found to be illegal, how long will the same price point hold for digital versions of comic books? Or does it not matter because DC, Marvel, et al are licensing their books to Comixology and Graphicly, which could be construed as a much stronger form of agency?
Needless to say, we’ll be watching this case with great interest.
Whenever my old employer, DC Comics, reprints some of my ancient work, it’s gratifying, particularly if what’s reprinted is one of the “socially relevant” stories Neal Adams and I did in the early 70s, but it can be a little disheartening, too.
The problem is, the stories are for the most part still relevant, and what does that say about the state of the nation? Environmental upset? Yep, still got it. Racism? The folks down in Florida could tell you about that. Addiction? That lovely singer is no longer with us. Overpopulation? Hasn’t improved. American Indians? Some of the nation’s worst poverty is found on reservations that don’t house casinos.
As one of Bill Maher’s guests said on his show last week, it seems unbelievable that birth control could be a factor in presidential politics in the in the twenty first century. I mean…birth control?
But occasionally a glimmer of light shows through the gloom. So let us smile and extend a salute to Batwoman.
Digression: Batwoman and I go way, way back. Fact is, I killed her 40-something years ago. Why? Don’t remember, exactly. Her demise was almost certainly a plot point in the days when comics stories were largely plot-driven, and she must have seemed to be good cannon fodder: a character who, although she was in the continuity, hadn’t done much in a long time and if we needed a snuffee, and I guess we did, she was a good candidate. I do regret ending her offstage; she probably deserved a death scene at the very least.
End of digression: Batwoman is back. Wait – make that a Batwoman, who has the same name(s) as the original, but a different lifestyle. She’s a redhead and…oh yeah, a lesbian. Big deal? In our world, it kind of is since, from the beginning of mass-marketed comics, redheads were forbidden.
Just kidding: it’s gay people who could not grace our little sagas and in this we were one with most other media. In television and most movies, sex of any kind was antiseptic – all those cardboard kisses! – and gay sex was way outside the limits. And if gayness was an element in a story, as in some of Tennessee Williams’ film material, it was no more than hinted at and its practitioners were going to suffer plenty before the last reel.
In comics? Well, one of the characters John Byrne created for his series Alpha Flight was gay, but not too obviously; John’s editor knew of Northstar’s orientation, but I’m not sure anyone else in the editorial department did, not at first. (I’m informed that later creative teams pulled Northstar further out of the closet.) And a couple of years back, Marvel let us know that the ol’ rannie from the western titles, the Rawhide Kid, was gay, news that managed not to shake any foundations. But on the whole, the Kid and Northstar and a few others, including the revamped Question, in private did icky stuff that wasn’t mentioned, except, maybe, in he gutters.
Now, Batwoman. Last week she received a media award from the Gay & Lesbian Alliance Against Defamation and nobody’s making any secret of the recognition.
Call it one of those glimmers I mentioned earlier. And be grateful for it.
With X-Men vs. Avengers hitting the shelves this past week, fans are speculating just what the “shattering conclusion” hinted at in several teasers will be. Well, if the ramblings of a former Marvel graphic designer are to be believed, we’re in for something.
Mike Rifchin, an associate letterer was recently let go as part of Disney’s forced scaling back of staff, blogged major plot points coming up at the tail end of the summer blockbuster.
In his “…and a big F%#! You to Mickey” post dated March 29th, Mike let loose the following potential spoilers:
(SPOILER ALERT!)
Wolverine will betray his school for the Avengers, citing “I’m the best I am at what I do, but I know when it’s time to stick to the winning side.”
Cain Marko will resurface to claim his Cytorak gem. Red Hulk tosses it to him after defeating Colossus in the middle of Times Square. “Here you go kid, go make trouble for someone somewhere else.”
Cyclops will face off against Captain America as expected, but don’t expect a lengthy battle. Panels into their big blowup, Cyclops pulls off his visor, and releases a “Four page optic blast.” Steve Rogers isn’t seen after that.
And the biggest spoiler of them all: After Hope decides to keep the Phoenix Force within her, Uatu leaves his post as a Watcher. “Hope is lost.”
And with it, so does the 616 universe. Uatu reveals his possession over the forgotten cosmic cube. What follows is a yet-to-be announced Flashpoint-esque universal reset. Due to the increased sales from DC’s relaunch back in August of 2011, Disney ordered the House of Ideas to match the success. According to Rifchin, the plans have been in place to reset things a bit. “Face it, with all the crap going on in Spider-Man, and all the different X-teams, and no real rise in sales over the last year? It doesn’t surprise me they’re playing the same weaksauce DC did – LAME!”
Rifchin’s blog has since been shut down by Disney and their team of mouseketeer lawyers.
I just read the penultimate issue of Marvel’s Fear Itself miniseries. This means that next month, April, should maybe possibly mark the end of their big 2011 crossover event, also titled Fear Itself. It started a year ago. Longer, if you add the event implants.
The Fear Itself storyline has several epilogues – the Shattered Heroes books, sundry miniseries as well as this particular 12 part miniseries. It ends next month, right in time for the Avengers vs. X-Men event. In total, if you wanted to read the whole thing, you’d be reading something in the neighborhood of 135 separate comic book issues.
All this leaves me with one question: does anybody give a damn?
Like the overwhelming majority of big event crossover series, Fear Itself was pretty lightweight. Yeah, yeah, death, resurrection, worlds shattered, nothing will ever be the same again, and Ben Ulrich updates his résumé. Blah blah blah. If you haven’t read any of this and you are undaunted after considering this task, let me make two suggestions.
One: You do not pile all these books up on your lap. Particularly the hardcover editions. They will crush you, physically and spiritually.
Two: You might want to consider reading the Esperanto edition of James Joyce’s Ulysses instead. You only have so much time in life; go for the gusto.
O.K. I’ve been railing against endless phony dull event stunts for over a decade, but even if Fear Itself was among the best, it went on far too long. We have entered the era of the never-ending event, where one seamlessly segues into the next. Not only are these stories trivial and redundant (Norman Osborn’s back? Really? Next you’ll tell me they didn’t kill off Captain America or the Human Torch!), they no longer deserve the honorific “story.” A story has a beginning, a middle, and an end. A story has at least one climax, and a payoff that justifies your participation. These are qualities that are now lacking in mainstream event comics.
More fool I. As I’ve stated, I’ve been bitching about this for a long time. Yet most of these never-ending tales start off quite well and I get sucked in. Probably the best part of DC’s New 52 is that it wipes out or ignores most of their previous events. Probably the worst part of DC’s New 52 is that, eventually, they’ll do their own big event series – undoubtedly under the pretense of explaining everything that they “decided” not to explain in the individual 52 titles.
If history is any guide, in this they will fail miserably. I’m not knocking the abilities of the writers, artists, editors and editorial directors involved: the odds are overwhelmingly against them. It’s like writing a completely original episode of The Simpsons: after 500+ episodes, good luck with that. However, I am knocking the abilities of the publishers and the marketing executives who take such a short-term view of their bottom line.
I’ve said it before, and unfortunately I’ll have to say it again: What do you say, guys? Let’s try going back to simply producing great stories! You know, it just might work!
In honor of Marvel’s next big event, I’ve decided to take a week off of thinking hard. Instead I’ll do what they’re doing: Wasting your time by forcing two characters to fight for your entertainment.
Of course I don’t have the resources to produce artwork. Nor do I have the time to create an actual script. Instead, I’ll just take this idea to a few different levels, and ultimately create enough sweeping declarations to get some beautifully angry comments. I love beautifully angry comments.
In this corner: Bruce “The Rich Kid” Wayne and his amazing belt of knickknacks! That’s right, it’s everyone’s favorite powerless pugilist… the billionaire with bats in his belfry, The Batman!
And in this corner wearing skin-tight underwear and a mask without a mouth hole… Marvel’s favorite orphan, Peter “I was a jerk once, and I’m paying for it every day…” Parker! That’s right, it’s the web-slinging, science-spitting, devil-befriending behemoth… The Sensational Spider-Man!
Now there are a few ways to tally the fight. Since I’ve got inches of column to waste, let’s start with the obvious: In a street fight with absolutely no planning, Spider-Man would stomp Batman into a bloody pulp. Bats may have one of the greatest minds in comics, but at the end of the day, no amount of gadgets and Kevlar will out-match a fighter like Spider-Man. Not only is Spidey more agile, he’s also got superior strength and maneuverability. Batman can use all the kung fu in his repertoire, but Spider-Man has the actual super-powers.
I will concede this though: if these two were pitted against one another and had any chance to plan the bout, Batman would knock Parker out like the Orkin Man. Batman’s tactics, gadgets, and ability to use his terrain to his advantage trumps Spider-Man’s physical prowess. And while Spidey is a super-genius… a brilliant fighter he is not. Simply put, with any amount of time to prepare, Brucey’s coming out bruised but boastful.
Fan-service aside, how about we put these two against one another by way of the TeeVee. On the silver screen, Bats takes the trophy. Spider-Man had a few live action cameos on the Electric Company, and a simply too-terrible-to-believe live action show. Batman had Adam West. And you can say what you want about those kooky cavalcades with Burt Ward… but the zeitgeist here nods towards the cape and cowl when it comes to overall quality. Somedays, you just don’t have a place to throw a bomb.
When the battle gets animated, that’s really where Spidey gets killed. Not for lack of trying. The late 60s gave us a decent Spider-Man cartoon. Spider-Man and His Amazing Friends was… a larf. In the 90s Fox Kids gave us a series that started strong, but became hampered by way-too-long season arcs, and an entirely forgettable last season – that saw the trope of guest stars used piss-poorly. In the mid-late-aughts the Sensational Spider-Man was fantastically done, but cut way too short. In contrast, Batman started slow (in the Super Friends, and then helping out Scooby Doo), but finished amazingly. Yeah The Batman in the early aughts was an atrocity, but Bruce Timm’s animated Batman Adventures wrote the bible on quality cartoons. And The Brave and the Bold was a campy trip that started off too-kiddie, but quickly found its footing in the hyper-kitsch fan-service delivery. By my count Bats wins by four Emmys.
OK, so Bat’s wins the battle of the silver screen. How about we take a trip to the movies? Consider my math: Spider-Man 1? A minus. Spider-Man 2? A solid A. Spider-Man 3? … D. Now over at the Batcamp, let’s take stock. The Adam West Bat-Movie? Don’t count. The Burton Bat-Films: B. The Schumaker Schlock? D… if I’m being nice. The Nolan-verse? Well, if there’s a grade above A, I’d give it. At the end of the day, there’s been more guano out there than there’s been Spider-poop. So I tip the hat to the wacky web-shooter in the battle of the big screen. And he can take that win to the sock-hop.
But how about where it really counts? On the page. I guess I’m sad to say I don’t have the proper license to weigh in on that particular bout. As I stated last week, my exposure to Spider-Man in comics-proper is poor at best. Admittedly I have a very extensive Bat-Collection, so I’m more than likely biased. Given my knowledge though of Spider-Man’s bullet-list of plot threads, I might still be inclined to tip the hat back to the Bat. He does have a few decades more history to draw on though, so it may very well be an unfair fight.
I will say this: In the time since my birth, Batman has had his back broken, his mantle stolen, his sidekick murdered, his life unraveled by several secret societies, his bastard son joining his menagerie, and has survived two or ten universal resets.
In that same amount of time, all I’ve really heard about Spider-Man that really stuck was that he nixed his marriage to Mary Jane to save Aunt May. And there was a clone saga people didn’t like. And he had an Iron-Spider suit. And a black suit. And a cosmic suit. And at some point was tied to an ancient race of animal totem warriors or something. In terms of only recognizable milestones (that haven’t been universally hated) … Batman would take the crown. Prove me wrong.
So there you have it. A few hundred words on an amazing battle. So it’s time for you weigh in. Was I too favorable to Time-Warner’s titan? Does Spider-Man have more going for him than a six-pack and a quip dictionary? Who has the better rogues gallery? Who has the better friends? Man, this could be a whole new column next week. I guess it depends on you, the gentle reader of my column.
At the end of the day, in the battle between Batman and Spider-Man? The winner is you.
We thought this was settled by now. Certainly Marvel Comics should know it. But apparently not. In the recent trade paperback, Spider-Man Fights Substance Abuse, we find this blurb on the credits page:
The creators of Spider-Man, Storm, and Power Man are unknown.
Apparently, Marvel is having some substance abuse problems of their own over there, or this is the latest salvo in the Disneyfication of Marvel where they decide they own everything, and it was all created by nameless workers.
Since some people at Marvel appear to be on drugs themselves, let us make this perfectly clear:
When Mark Waid joined the creative team on JLA, he told a pretty terrific story about Batman’s secret protocols for neutralizing the Justice League of America falling into Ra’s al Ghul’s hands. In the “Tower of Babel” story, he used it to take out the League in order to execute a plan for world domination. It made for a fine story arc that allowed Batman to leave the team for time and resonated with fans given the weighty thematic material. It has endured in memory and prompted Warner Premiere to approve JLA: Doom, an adaptation as a part of their ongoing series of direct-to-DVD animated features
The resulting production, on sale tomorrow, is bittersweet because it marks the final script from the talented Dwayne MacDuffie. And it needed series editing which clearly was not done, making it a deeply flawed adaptation of the source material. The dramatic core is here, but given short shrift in two brief scenes while the remainder of the story is a series of chaotic and badly choreographed fights strung together. Any semblance of characterization for the heroes or villains is seemingly accidental as the story allowed the JLA to trade blows with a variety of familiar villains. (more…)
This has been a week to experience anguish, not least of it over the upcoming movie based on Marvel’s Ghost Rider character. As you know if you read this site (for example, here and here), Marvel (or its corporate overlords) is behaving dickishly towards Gary Friedrich, one of the character’s creators.
Now, I’m not a fan of Ghost Rider. To the best of my memory, I’ve never read the comic. I haven’t seen the first movie, not even when I’m just mindlessly staring at the television. I’m not a big Nicolas Cage fan (although, when I’m mindlessly staring at the television, I’ll always watch Con Air, which is amazing if only for the sympathetic psychopath child molester played by Steve Buscemi).
They even took the terrible script that was Jonah Hex and made it boogie along. It helped that they had Will Arnett. I think all comic book movies should have Will Arnett, especially the ones that don’t have Samuel L. Jackson.
Should I deny myself the potential joy of a Neveldine/Taylor film for Gary Friedrich? I don’t think I know him. Who is he to me, or I to him? Why should I care what happens?
Well, it turns out, I should care, and you should, too. My life is greatly enhanced by the existence of creative people. Even creative people who sign crappy work-for-hire contracts because they are so short-sighted, they consider that feeding their families and keeping a roof over their heads was more important than their artistic integrity.
Been there. Done that. And if, by some miracle, my work gets optioned, I would much prefer sharing in the glory (and, maybe, the profits) to getting sued.
So, in the interest of karma, I will do my best to create the world I want to live in. Maybe I’ll go to the movie this weekend, maybe not. But I’ve already tried to do right by writers and artists everywhere by showing some appreciation here. If you’ve enjoyed my work, or Gary’s work, or anyone’s fiction, stop by and give what you can afford.
You guys know what the word “bardo” means, right? You don’t? Oh gosh, I’m sorry. Last week I threw a Catholic factoid at you and this week I’m hitting you with something from Tibetan Buddhism which, for pity sake, isn’t even Christian! (What is wrong with me? Why can’t I just pass the test, toss the text, and cruise down to Steak’n’Shake like the rest of the kids?)
Never mind. Here is a definition of “bardo” provided by my favorite oracle, Wikipedia:
The Tibetan word Bardo means literally “intermediate state“ – also translated as “transitional state” or “in-between state” or “liminal state.” Used loosely, the term “bardo” refers to the state of existence intermediate between two lives on earth…The term bardo can also be used metaphorically to describe times when our usual way of life becomes suspended, as, for example, during a period of illness…
The jury is still out – way, way out – on the “two lives” business, but the bardo concept is a useful expression of something most of us experience, sometimes often. The in-between place. The “what-happens-next” region.
This time of year is bardo territory. Between the seasons. Between warmth and cold. Holidays are past and…now what?
My personal bardo? Well, last fall the Brigade of Evil Kidney Stones attacked and sent me to the hospital four times and resisted counterattack – we’d say “valiantly” if they were the good guys. State-of-the-art medical science has been only partially successful against them. I imagine the last one, who may or may not be still lurking in my innards – the X-Ray is yet to come – standing boldly and snarling, You throw sonic waves at me, puny mortal? I spit on your sonic waves!
Doctor Doom, eat your heart out.
I began teaching my NYU course last week, thus hauling myself from the between-semesters bardo.
The world of comic books is also emerging from a bardo, kind of. DC’s relaunch of its entire superhero pantheon is past. The new stuff is making its way apace, with, already, a few casualties and a few replacements. Both DC and Marvel seem to be doing some kind of reorganization. (Full disclosure: This is a guess – less than a guess: I couldn’t be further out of the loop if I lived on Pluto.) The effect of the new technology on our favorite narrative medium is still a big question mark. (By the way, I’m having difficulty learning about said technology. Wonder why.)
It’ll all be resolved, soon or late, and the bardos will come and go…
But look! Down there! The space between the end of this column and the beginning of the next! What the heck is that? Do you think it could possibly be…?
RECOMMENDED READING: I first encountered the word “bardo” as part of a title “The Bardo Thodal, often translated as “The Tibetan Book of the Dead.” My sketchy understanding of it is that this is a set of instructions for the newly dead to help them negotiate the afterlife. It had a vogue among the counterculture in the fabled Sixties and then dropped off my radar. So maybe this is not a recommendation, but rather a mention; now you know the thing exists.
Denny O’Neil used to have a T-shirt that proclaimed “Growing old is not for sissies.” As I get older, the hard truth of that keeps coming back to me. Case in point.
Two days ago, there was an article here in ComicMix about Gary Friedrich who lost his case against Marvel about participation in the monies made from the movie (now movies) of Ghost Rider, which he created at Marvel. Among other reasons cited by the judge, U.S. District Judge Katherine Forrest, was that Friedrich gave up his rights to the character when he signed checks that had, above the signature line, language requiring him to give up any rights to the character.
I’ve done that, too. You had no choice in the matter in those days. If you wanted to cash the check, you had to endorse it and you had to endorse it beneath the legal crap. There was no negotiation, there was no discussion. It was, to be blunt, coercion.
The name, Ghost Rider, had also already been used at Marvel as one of the Western characters they had – said character, again, being created by Gary Friedrich. Friedrich also had to sign a document giving up all rights – and why wouldn’t he? This was seven years before the first Superman film with Christopher Reeve showed up, six years before George Lucas made Star Wars and showed there was a ton of money to be made off of ancillary rights such as toys et al. You signed those documents because that’s what was necessary to get the work. No movies were being made, no toys were being made, there were no video games – the only money to be made was from the work itself. There was no indie market in those days where you could take your ideas. You made the deal that was there to be made.
The judge had to base her decision on what were the legal facts – and they said that Marvel owed Gary Friedrich nothing. Without Friedrich, however, the property doesn’t exist. From all reports, he’s not in good shape. He could use the money – even a taste.
What is he owed?
Injury to insult department. The judge has not only told Friedrich to stop saying he created Ghost Rider, he was ordered to pay Marvel seventeen grand in damages.
Friedrich owes Marvel $17,000.00!
He’s not the only freelancer in this position. Years ago, I saw Gene Colan and his wife at a convention and I steeled myself up to go say hello to someone I thought (and think) was one of the unique great talents in the industry. He was having eye troubles at the time (with which I would come to completely empathize) and he was, to be honest, a little angry and bitter. Like other old pros, he felt cast aside and forgotten by the industry and he warned me to make sure I had money in the bank or find something else I could do. I wish now I had taken his advice more strongly.
This is not to say there are not groups like the Hero Initiative out there who do tremendous work in helping people who have given to the industry but there are financial limits to what they can do. There is no equivalent to a union or a guild in this industry; if you even think of starting one, you’re gone. John Broome, fabled writer in the Silver Age, found that out.
What is owed to any of those who built a company, built this industry, and then got left behind?
I won’t pretend; I’m more or less in that boat and it scares me. I’m luckier than some; with Amanda Waller, who I created, I’ll see some participation for her use in the Green Lantern movie, just as I did for her use in Smallville and Justice League Unlimited. I think that’s fair and, fortunately, legally binding. Thank you, Paul Levitz.
But what about others, like Gary Friedrich, who worked before there was any such notion? There is, as always, a wide distance between what’s legal and what’s right.
What is owed to those who came before, who did the work on which later, more lucrative, works are built? The contracts, the law, says nothing is owed.
Does that seem right to you?
It doesn’t to me.
If you agree, tell Marvel, tell their parent company, Disney, that they owe the creator something, contract or no contract. Fans can do something and it can be effective. Gary Friedrich isn’t one of the big, great names in comics. But he created Ghost Rider and, legally or not, they owe him.
Uh-oh…
With X-Men vs. Avengers hitting the shelves this past week, fans are speculating just what the “shattering conclusion” hinted at in several teasers will be. Well, if the ramblings of a former Marvel graphic designer are to be believed, we’re in for something.
