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Roger Langridge’s piece for the Heroes Con original art auction is pretty great.

by Jeff Trexler

Last year a federal court in New York denied the Kirby heirs’ attempt to claim the copyright in Spider-Man and other Marvel properties. Why, then, is their lawyer betting the future of the Siegel lawsuit on the same losing arguments?

Over the past few years, Marc Toberoff has become public enemy #1 for corporate copyright holders. His lower court victory in the Siegel case was a legal landmark, not least of all because it could inspire other writers and artists to sue to regain their own creations. This is a prime consideration in DC’s decision to make Toberoff the central target of recent court filings–taking Toberoff off the board could also complicate a Shuster estate lawsuit and dissuade other creators from filing new claims.

Given the high stakes, Toberoff’s appellate brief takes a rather interesting approach. As DC notes in its most recent filing, Toberoff’s filing does not appeal certain core rulings pertinent to the Siegel interest in the property, such as DC’s retention of foreign rights and the copyright in the promotional ads. This arguably means that Toberoff has waived the right to challenge these rulings, handing DC a decided victory in key aspects of the case. Instead, Toberoff stakes the entire appeal on the issue of whether Siegel’s work from 1938 to 1943 was truly work-for-hire.

The limited span of this claim–the focus on Superman & Action comics (plus Superman newspaper strips) up to five years from the publication of Action Comics #1–reflects a five-year termination window by Section 304 of the 1976 Copyright Act. Citing this provision, the lower court held that the Siegel’s right to terminate grants of copyright was limited to a five-year period from April 16, 1938 through April 16, 1943, which includes Action Comics 1-61, Superman 1-23 and the Superman strips prepared for or published by the McClure syndicate through April 16, 1943.

However, the lower court ruling did not automatically give the Siegels actually all of the material within the five-year window. The emphasis on work-for-hire in Toberoff’s appellate brief reflects the lower court’s determination that the Siegel heirs could reclaim only a small portion. In two major rulings in 2008 and 2009, the lower court found that the Siegel heirs could terminate the transfer of copyright in Action Comics #1, #4, select pages of Superman #1 and the first two weeks of newspaper strips–in short, the only material prepared prior to the sale of Superman to DC. Under the terms of Siegel’s 1938 employment contract and its subsequent revision, the remaining material was work-for-hire–and because DC was the corporate author, there was no copyright transfer for the Siegel heirs to terminate.

To persuade the appellate court otherwise, Toberoff attacked primarily on two fronts. One was to assert that Jerry Siegel wrote the material in Action #2-6 prior to his employment agreement with DC, which made him its original co-owner and transferor. Toberoff exploits the six month gap between the sale of Superman in March, 1938 and the employment agreement signed in September. His appellate brief also cites a paragraph that Siegel wrote pitchi

By Todd Allen

Joss Whedon started something when he decided to continue Buffy the Vampire Slayer as a comic.  Now DC/Warners is following that lead and continuing Smallville as a comic, with Season 11 set to drop in April or May, depending on which format you want to read it in.

The comic will be written by Bryan Q. Miller, who was part of the Smallville writing staff and ended up as the Executive Story Editor.  He also spent a couple years writing the Batgirl comic.  Miller is as authoritative a Smallville vision as was available and he’s written comics before, so it seems like a good match there.  The art will be by Pere Perez.  Perez was on Batgirl with Miller and has done a few other things, notably some work on the Nightwing and Flamebird Action Comics run a couple years back.

The release schedule has a little bit of a quirk to it.  Weekly digital comic “chapters” starting April 13, 2012 (a Tuesday) and then collected into a print edition starting on May 16.  Offhand, I’d say the digital is there to do two things:

• Trying to find the Smallville fans that are certainly dedicated enough online, but don’t seem to have a presence in the Direct Market.  Cat Staggs is the cover artist for the digital edition and Gary Franks for the print.  Having Franks, much more famous in the DM, for the print comic does speak to different audiences.
• Mimicking the weekly schedule of a TV show.

Buffy started out with huge numbers as a monthly comic and settled into merely very good (for an independent comic) monthly numbers and a lot of trade paperback sales.  It will be interesting to see if Smallville can find similar success.

We also have an answer to an old question.  What will it take to get DC to do a regular Smallville comic?  The show getting cancelled.

Official announcement follows:

Fans of the smash-hit TV series Smallville haven’t had much to cheer about since the show ended its critically acclaimed 10-year run on The CW last May.  That’s all going to change with the upcoming new comic book series from DC Entertainment: SMALLVILLE SEASON 11.  Written by former Smallville show scribe Bryan Q. Miller, the new digital first series will be published digitally on April 13, 2012, with new digital chapters released weekly thereafter.  Additionally, the online chapters will be offered in a print periodical, along with an episode guide to the hit television series, with the first print issue released on May 16.

The new comic book series picks-up where the show left off (with Clark officially now as Superman!) and features other fan-favorite characters including Oliver Queen/Green Arrow, Chloe Sullivan-Queen, Lois Lane, Lex Luthor, and General Lane.  The book features an all-star creative team – in addition to Miller, SMALLVILLE SEASON 11 creators include print cover artist Gary Frank (SUPERMAN SECRET ORIGIN), digital cover artist Cat Staggs and interiors by Pere Perez (BATGIRL).

“Six months after Clark Kent donned the cape and took to the skies to save Earth from Apokolips… enter Season 11!” enthuses Miller.  “New allies abound!  New enemies afoot!  And old friends return where they’re least expected!  Pere and colorist Chris Beckett have done a fantastic job of capturing the look of the

11 Comments on Smallville Returns – Season 11 is a Digital-First Comic, last added: 2/10/2012

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Samir D said, on 2/9/2012 10:33:00 AM

Looking forward to this. Though the show had it’s good episodes and bad episodes, it was definitely an entertaining run.

Torsten Adair said, on 2/9/2012 10:44:00 AM

So when can we see a “Pushing Daisies” comic?

Or “Teen Titans Go”?

Monetta said, on 2/9/2012 11:49:00 AM

I just hope it doesn’t have the same format of the show, where they build the finale up all season, just to blow the whole thing off in one punch.

I also hope they get some character freedom, where they can have Bruce Wayne finally show up.

Jasmine Benettt said, on 2/9/2012 2:02:00 PM

Now this will be worth a look.

Yrzhe said, on 2/9/2012 3:46:00 PM

I like the design of his belt. If they’re going to go with a trunksless Superman, that looks like a better costume than the Jim Lee redesign.

Ian Boothby said, on 2/9/2012 4:31:00 PM

Now with more moping!

Keyser said, on 2/9/2012 11:44:00 PM

The original Smallville comic series came out and lasted only 11 issues before getting the axe. I don’t see this lasting or bringing people who watched the show over to comics if they weren’t reading them to begin with.

Erik Burnham said, on 2/9/2012 11:51:00 PM

Well, Keyser, it is digital first. More of the fans of the show may find it that way.

I never even knew there was a Smallville comic. Never saw it. I live a long ways from the direct market… I would’ve given it a look.

Will it last? Who knows. Could flail. But it is Another Superman book now, set within the continuity of the show. We’ll see. Maybe it’ll have legs.

More curious to see how the format works out for them.

ComeAtMeBro said, on 2/10/2012 4:50:00 AM

In what universe is that an “All-Star team”
?

Jerry Smith said, on 2/10/2012 6:13:00 AM

This will renew my Superman fix, as I gave up on the character with the New 52. I just hope it isn’t a liberal agenda comic like the show got to be in the last season. Just tell a good story without bashing anyone or nursing your pet causes, please.

Sphinx Magoo said, on 2/10/2012 9:05:00 AM

Looking forward to the 60s Batman Season 4 series! Putting the “DIG IT!” into digital comics!!

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You just know a video is big when it has folks outside the usual children’s literary circles talking about it.  Such was the case with the recent Colbert Report interview with Maurice Sendak.  Somebody must have tipped off Stephen to the fact that Maurice would make for a brilliant interview.  It’s pretty clear from the get-go that Maurice understands the Colbert character at work.  Though, now that I think about it, even if he didn’t I doubt his answers would be any different.  And then there’s the second part:

Make what you will of this tongue-in-cheek follow-up article.  Thanks to Anita Silvey and Jules at 7-Imp for the link!

Of course the big news to come out this week was that the 2012 Trailee Awards for the best child and teen related book videos were released.  Mr. Schu has the full list of winners here.  I’d seen some of them but completely missed this one for my friend Marie Rutkoski’s novel The Cabinet of Wonders:

I have a fine appreciation for happy dances.  And as debut authors go Jessica Rothenberg’s is now the one to beat:

And now the best thing you’ll see all day, all week, all month.  I credit Jules with this delightful find.  Tis a pure delight.

From 1958’s Superman’s Girl Friend, Lois Lane #5

Can you imagine what would have happened if the Internet existed in 1958? Perhaps people like Mort Weisinger could not exist in a wired world. Julie Schwartz would probably have been running a website and playing Halo.

(Via J. Caleb Mozzocco)

We don’t know exactly what is going on in these set photos from the Vancouver shoot of the new Superman movie, but we approve.

We know from some previous spy photos that Superman/Clark Kent — as played by Henry Cavill – appear to grow a beard and become a homeless guy, leading us to suspect some kind of take on the “hero gets amnesia and wanders around” storyline. Also, “Superman gets beat up by bullies in a diner.” The appearance of tattered trousers gives a Hulkish vibe, but maybe he was just castaway on a deserted island or something. He still knows how to fight!

Although homeless, Clark has definitely had time to work out, and that’s awesome.

[Via Andrew Wheeler]

Introduction to series “Super ‘70s and ‘80s.”

Part 1 of 2.

Now, in conclusion: one more story with two lessons.

When I finally produced an animation demo that my agent liked, I waited. And waited. Nothing. I sent out demos, promotional postcards, and muffin baskets to animation casting directors. No bites.

I got a call from my grey-haired mother back in Austin, Texas. I shared my frustrations. She said, “Why, honey, you should write to those fellows at Hanna-Barbera and remind them about that letter you wrote them when you were eight.”

See, my grandmother got me started writing letters to famous people as soon as I could write on my own. I wrote to astronauts, senators, actor Ed “Kookie” Burns of 77 Sunset Strip…and I got letters back from most of them. In 1960, when The Flintstones premiered in primetime on ABC, I became enamored of it and learned to draw a decent Fred Flintstone. So I wrote to Mr. Bill Hanna and Mr. Joe Barbera, the show’s creators.

The letter went something like this: “Hello, I am a third grader in Oklahoma, and as you can see, I can draw Fred Flintstone. Can you use me?”

Amazingly, I got a kind reply, probably written by some secretary over their signatures. It explained that, no, they could not use an eight-year-old in Oklahoma to help animate the show, but that I showed talent and initiative, and if, when I grew up, I became a professional illustrator and happened to live in Southern California, by all means contact them. And there was a line about believing in yourself and going for your dreams. Very nice.

So Mom continues: “Why don’t you just call them up and remind them about that letter.” Mom. Mom. Sigh. No, you don’t understand. This is big-time Hollywood out here. We are represented by talent agents; we don’t go calling up producers about letters they received from children decades ago. That’s just ridiculous. Forget it.

However, after a few more months of no response, I thought, “Oh, what the hell.” So I wrote: “Dear Mr. Hanna and Mr. Barbera: You could not possibly remember this, but as a child I wrote to you with my scrawled drawing of Fred Flintstone, offering to go to work for you from my home in Oklahoma. Kindly, you wrote back and suggested that if I became a commercial artist when I grew up, I should look you up. Well, as it happens, I am a professional voice-over talent living in Los Angeles and I thought I would see if that offer still stands. I have not been able to make any inroads with your casting people and my mother thought I should ask you if you would be willing to let me audition for any roles you have coming up. Sorry to have bothered you… Sincerely, etc. I mailed the letter and promptly forgot about it.

About three weeks later, I got a call from one of the partners of the talent agency that represented me. This was the top guy, not an in-the trenches agent. “Beau…,” he began, tentatively, “…I have a booking here for you fo

Introduction to series “Super ‘70s and ‘80s.”

Now for something different. The only person I interviewed in connection to this show was its star, the genial Beau Weaver, the voice of Superman.

He responded to my questionnaire with a spirited narrative, so I will just run it as is rather than force it back into a Q&A format.

Then

Now

Warner Bros. has released the first picture of Henry Cavill as Superman, and as opposed to previous reveals, they have decided against a standing poser and gone for something way more action-filled and dramatic.

And it works.

While the trunks are in shadow, this does seem to be the traditional, red-pantied Superman look. Gone, however is the spit curl. The look of the photo is more than a little “Jim Lee-esque” with its heavy grading and dramatic lighting. In our opinion, not a bad update — but what do you guys think?

MAN OF STEEL is set to open in two years, on June 14, 2013. Besides Cavill, it stars Amy Adams. Michael Shannon, Laurence Fishburne. Kevin Costner, Diane Lane, Julia Ormond and Christopher Meloni. Zack Snyder directs a script by David S. Goyer from a story by Goyer and Christopher Nolan.

Any year you investigate will yield a detail that does not change: something noteworthy occurred. So it’s not a shock to learn that 1937 is no exception. The reason I bring up this particular year, and the reason I bother with this topic as a post in the first place, is because I find myself talking about 1937 every time I speak at a school.

The starting point is—surprise—Superman. He debuted in 1938 (after three-and-a-half years of rejection), and that’s the year that gets almost all of the attention with regard to the world’s first superhero. But writer Jerry Siegel and artist Joe Shuster sold the idea the year before. (I’ll do the math: 1937.)

The same year that the Superman deal was inked (and it should be said that the deal was really anything but for the creators), another future pop culture legend (whose name also begins with “S”) entered stage left: Dr. Seuss. That was the year his first book, And to Think That I Saw It on Mulberry Street, was published (after more than two dozen rejections).

For years, I’ve been telling kids that KFC (Kentucky Fried Chicken) was founded in 1937; I am no fan of KFC but I am a fan of persistence, as you’ve probably already gathered, and apparently KFC’s founder, Harland Sanders, endured 1,000 rejections before a bank agreed to invest in his idea for a fried chicken restaurant.

My quoting this date goes back to the late 1990s, but uncharacteristically, I didn’t save my source for the date. Upon revisiting the KFC story, I now see that 1937 was the year Sanders opened a café that is considered the precursor to a KFC operation. Coincidentally, Sanders makes the third “S” in my 1937 retrospective.

Here’s the fourth: Ms. White, first name Snow, who, in 1937, was the star of Disney’s first feature-length animated film (and, I believe, the first fully animated film in world history).

Some non-S pop culture milestones of 1937:

• the first issue of Detective Comics came out (two years later, Batman would debut in #27)
• The Hobbit was published
• Amelia Earhart went missing

In September, DC Comics is starting over.

The company, which began publishing superhero comic books in 1938, is canceling every title in its primary imprint. Then it is bringing out 52 new titles throughout the month, each starting at #1. (DC is also selling each title simultaneously in stores and digitally.)

Some are relaunches of existing titles, some resurrect characters who've been out of the spotlight for a time (in fact, one is called Resurrection Man), and some are first-timers. This means DC is aborting the runs of both Action Comics (in which Superman debuted in 1938) and Detective Comics (where Batman debuted in 1939). These titles have run continuously since the Great Depression. Soon their history will be history, as far as uninformed readers will know.

DC calls itself a forward-thinking company. I've been told it doesn't acknowledge anniversaries of its properties because that reminds readers that many of its most popular characters are also its oldest. This cultural ageism doesn't affect any industries outside of comics that I can think of; children's books, for example, regularly sport anniversary badges with pride. I find it misguided not to honor the longevity of a property. Heritage is something to celebrate.

Yet DC's experiment is bold, and I feel it is the right time to try it. At this stage, it may be the only time. The goal is clear: lure in new (young) readers because the primary audience is adults and we're only getting older. Is there a way to attract young readers without alienating older ones? I used to think it would take nothing more than good stories, but this is a life-saving mission, and that means you've got to make bigger moves.

Though I am a traditionalist, I am not incensed (as some are) that the updated costume for Superman is lacking red underwear. (I am more bothered by the renumbering of Action and Detective than by the redressing of Superman.) If the updated costume was lacking red, blue, a cape, and/or an "S," I would disapprove. But the costume has been tweaked before to keep speed with the times, and Superman remained easily identifiable. Besides, just like comic book deaths, if this experiment doesn't work, the company would likely revert to the status quo currently in place.

The reason I am posting on this subject, however, is not to pontificate about the business strategy (too late) but rather to make an objective observation. In the relaunched DC Universe, titles are grouped by category, seven total.

Three of the seven categories are simply the name of a character (Superman, Batman, and Green Lantern). Superman and Green Lantern have four titles apiece. But what is more telling is how many titles fall under the "Batman" line.

Eleven.

Yes, nearly a quarter of the total—and seven more than Superman, DC's flagship character (who gets the same number of titles as a character many people hadn't even heard of before the movie this summer).

Here's a

By Jeff Trexler

In March 2008, Grant Morrison’s homage to Siegel and Shuster appeared in comic shops on the very same day that the Siegel heirs recaptured half the original Superman copyright.  Now Morrison is set to work his shaman’s magic once again in the September relaunch of Action #1–and this time, the Siegels could lose everything.

Morrison’s upcoming Supergods holds the key to understanding why. For an explanation and a sneak preview of Morrison’s new book, click below. A mysterious appeal, Joe Shuster’s super-swastika and the final crisis of the legal multiverse–this one has it all.

The landmark federal district court decisions awarding the Siegel heirs half of the copyright in early Superman material were indeed historic, but they were not the end of the story. An appeal of the Siegel’s recapture of the copyright is now on the docket of the Ninth Circuit Court of Appeals, with briefing set for November through January.

The timing of this appeal is somewhat unusual, given the fact that a number of issues in the case remain unresolved. What may seem even more surprising is the party that called for an expedited review  before all of the issues in the case were resolved: none other than the remaining Siegel heir, Laura Siegel Larson herself. The decision to move forward so quickly reflects a court strategy discussed in this case document, which provides the legal arguments for having the appellate court determine (a) whether the termination of copyright was indeed valid and (b) which Superman works the Siegels recaptured.

From the Siegel perspective, triggering an appeal on these select issues is a counterstrike to a revitalized DC offensive. The Siegel and Shuster heirs taken some serious PR and legal hits in the separate DC lawsuit challenging Toberoff’s financial interest in the disputed properties, and Toberoff’s argument for an appeal includes a direct reference to a desire to resolve certain issues raised in the case–in particular, arguments concerning the Shuster heir’s purported stake in Superman. Besides the fallout from this lawsuit, a prolonged and expensive war of attrition over the unresolved issues in apportioning profits also tends to the favor DC. Getting appellate validation for the Siegel termination claim would be a quick, high-profile way to shift momentum back to the heirs–ostensibly to increase DC’s incentive to settle, but perhaps also to renew Siegel Larson’s own commitment to a seemingly neverending courtroom battle.  

Nonetheless, an outcome affirming the Siegel claim is not a slam-dunk. The court could reverse the 2008 ruling in regard the validity of and scope of termination, and it’s also possible that the Siegel

Based on this photo of artist Jamal Igle explaining the whole “Superman renounces his citizenship” story from ACTION COMICS #900 to him, his feelings are mixed.

Today I found this VIDEO very interesting just like Superman real people

How they do that may be up to thier practice everyday right?

Beginning 5/24/11, my blog saw a spike in visitors, and it seemed that all of them came via searching the phrase “Superman’s first home.”

I figured this must be because of a stumper posed by some crossword puzzle, radio challenge, or other contest.

Two days later, the stampede was still going strong.

That ruled out radio contest, since those don’t tend to last longer than an hour, or even a commercial break. But I still didn’t know what it was. (Of course, googling it did not help.)

So on 5/27/11, I posted this temporary message at the top of the post getting all the love:

Hello kind person who just Googled "Superman's first home"! For some reason, you are one of hundreds of people who have come to my blog in the past few days after searching for that phrase. Why is this happening? Is it a question in some kind of contest? Will you please take a moment to email me the reason? I'm mad with curiosity! As thanks, I will mail the first person to do so a signed copy of one of my books!