15 Minute Max — Jack Kirby estate settles with Marvel Comics
In a special double-sized 15 Minute Max, my 8-year-old asks me to explain the recent settlement between the Jack Kirby estate and Marvel Comics. As usual, Max has thoughts.
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The difference between a house and a character is that you can only sell a house once – until you sell it you do not realise any money (except by renting it); once you sell it you no longer own it. Moreover, it costs you money to build the house and you have that money invested in the house until you sell it.
A character royalty on the other hand is a small amount every time that character is used, but doesn’t cost you anything more (unless you are requested to change it). It is much more like a blueprint – The House That Jack Built can only be sold once, but if he designed it from scratch then he could sell the blueprints to anyone who wanted to build the same design. Building the same design would not give the house the same value, as other factors (such as the neighbourhood or the proximity to shops) would vary the house value, but the blueprint design would always be worth the same amount (unless Jack the builder got greedy).
Conversely, if Jack drew the blueprints but never built the house, his blueprints may not have the same saleable value (as there is no example of the house to be able to see it and cause others to desire it) but he could still sell the blueprints as many times as someone new wanted them.
The woman who designed the Nike “Swoosh” received $35 at the time (in the 1970s) and subsequently received 500 shares and a gold “swoosh” brooch in 1983 (http://www.dailymail.co.uk/news/article-2004273/Woman-designed-Nike-swoosh-explains-story-inception-40-years-ago.html).
Perhaps Jack Kirby should have received more recognition in his lifetime, but he got paid to do something he enjoyed.
I’m actually with you right up until that last paragraph.
Let me tell you from experience. Doing something that you love for a living is just as difficult as doing something you hate.
Maybe moreso.