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Stan Lee to be Paid Millions for Spidey

Soldrinero writes "After a tough legal battle that began in 2002 (mentioned in a previous Slashdot story), Stan Lee will finally get his due. A recent court decision says that Marvel owes Lee 10% of their profits for works based on his creations. Since three recent Marvel-based movies are in the all-time top 100 for box-office gross, this will be a sizable chunk of change."

387 comments

  1. Contracts are part of the Laws too by slashnutt · · Score: 4, Interesting

    The contract stated that Lee would get 'him to 10 percent of TV, movie and merchandising deals'. **AA can't use only the laws it likes; I just wish more actors would (could) go freelance and rid us of this type of cancer. If more people had similar clauses then it would be more cost effective to cut out the middleman and figure out someway to produce entertainment material on their own - visionary may be seeing some kind of internet distribution system for just a mere fraction of the cost of big name distributors. This won't happen anytime soon because Stephen King tried it already and it didn't work but he was a visionary and one day it will work.

    1. Re:Contracts are part of the Laws too by cyberfunk2 · · Score: 1

      What's amazing to me is that they're probably going to appeal, I mean 10% is 10% right ? It's pretty cut and dry as I see it. Damn greedy hollywood stuck their hand in the cookie jar and got caught.

    2. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      Stephen King tried it already and it didn't work

      I know, they found him dead in his Maine home. There weren't any more details. Truly an American icon.

    3. Re:Contracts are part of the Laws too by Frymaster · · Score: 5, Insightful
      Damn greedy hollywood stuck their hand in the cookie jar and got caught.

      well, of course their greedy: that's the whole point of this "free enterprise" thing that everyone seems to think is so neat.

      what bugs me is the hypocrisy, though. if you rip off hollywood for the $4 cost of a rental by downloading ghost dad 2 from some p2p network, the mpaa will sue your ass... but they seem to have no compunction about taking liberties with mr. lee's intilectual property.

      heck, i bet the producers even photocopied some spiderman comics without getting prior written consent.

    4. Re:Contracts are part of the Laws too by superpulpsicle · · Score: 1

      I am just pissed at Stan Lee/Marvel in general cause there is still no sign of the uncanny X-men cartoon on any dvd box set. Well that's a different story altogether.

    5. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      i'm sorry did you just say Ghost Dad 2? I love Ghost Dad but GD2?

      *shudders*

    6. Re:Contracts are part of the Laws too by jd · · Score: 1
      **AA can't use only the laws it likes


      They're trying as hard as they can. In Marvel's case, they're even trying to appeal the ruling.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:Contracts are part of the Laws too by FurryFeet · · Score: 4, Informative

      The contract was with Marvel. Stan Lee can't claim 10 percent of the movies' profits, what the court says is that he's entitled to 10 percent of whatever Marvel collected.
      It should be a nice chunk of cash, but not as much as people around here think.

    8. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      That should work to his advantage. Chances are, Marvel negotiated something more tangible than a percentages of "net profits". He should get 10 percent of that.

    9. Re:Contracts are part of the Laws too by Lumpy · · Score: 2, Interesting

      I just wish more actors would (could) go freelance and rid us of this type of cancer.

      No no , you are confusing the MPAA with the Movie Actors Guild union.

      Actors are typically union menbers and therefore get much higher wages and cause utter hell for films, espically lower budget films.

      actors leaving the union will not do anything to the MPAA. directors, producers and Writers telling them to go F them'selves and start indie studios that do not sell out is that solution.

      One of the absolute BEST directors in history recently did that. Mr Rodregues recently quit the directors Guild and is getting quite fed up with the "bullshit" (his term not mine) that is hollywood in general.

      Actors getting insane amounts of money for their medicore acting is only part of the problem. but lots of people in Hollywood are trying to change things by quitting the guilds, doing more and more indie and amateur work.

      There is a HUGE shake up in the movie industry that is brewing, most of the real talent is about to take their toys and go play elsewhere.

      --
      Do not look at laser with remaining good eye.
    10. Re:Contracts are part of the Laws too by The+Ultimate+Fartkno · · Score: 1

      > There is a HUGE shake up in the movie industry that is brewing, most of the real talent is about to take their toys and go play elsewhere.

      And the first time one of those artistic little independent films catches on with the general public and makes $200 million dollars, just what do you think is going to happen?

      Some little indie producer who would never, ever "sell out" is going to be sitting on a huuuuge pile of cash. And then the actors will say "what about us?" and the writer will say "'Scuse me? Over here?" and the director will say "Yo! Homeboy! That didn't direct itself, you know!" because all of those people are now players. And then, when that actor/director/writer gets a $10,000,000 bonus because he's now a marquee item, people will come to Slashdot and call him a mediocre sellout.

    11. Re:Contracts are part of the Laws too by ChiefPilot · · Score: 1

      well, of course their greedy: that's the whole point of this "free enterprise" thing that everyone seems to think is so neat.

      Do you know of an economic system that is not succeptable to human greed? Since the answer is 'No', why don't you consider the possibility that Greed is actually something brought into economic behavior by... people!

      You could remove the people from an economic system but it would be kind of lonely. At least until we hit the Kurzweil Singularity.

      You're dead right about the hypocrisy though. One odd thought is that, if most copyright violators really stop copying as they grow older and gain disposable income, then by suing/jailing/fining them the *AA is actually delaying the date when these people will begin buying their swill...

    12. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      re: "Kurzweil Singularity"

      Actually, Kurzweil's have had polyphony for years now.

    13. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      Someone with points please bump parent up. Rate 1 or 2 'humorous.'

    14. Re:Contracts are part of the Laws too by newpath4comVersion2 · · Score: 1

      Where there's a strongheart and a Will, there's a way to get Justice Done: http://www.newpath4.com/01bigtobaccoandmystorymypa inmylossandeverybodylosesinabinaryworldthatonlysee szeros.htm . You jus' haf'ta WORK REAL HARD.

    15. Re:Contracts are part of the Laws too by Anonymous Coward · · Score: 0

      Uh, Stephen King is still alive so he *is* a visionary, not was.

  2. Good for him by Vengeance · · Score: 4, Funny

    I'm happy to see that he's being compensated, albeit after a bit too much time.

    Maybe now he can stop hanging out at The Android's Dungeon.

    --
    It was a joke! When you give me that look it was a joke.
    1. Re:Good for him by catch23 · · Score: 2, Interesting

      But if Marvel appeals, it could still take a bit longer. And given Stan Lee's age (82) he might not last as long as the lawsuit might. What happens if he passes away? Does the lawsuit drop? If he wins, does the money go to the people in his will?

      Will Marvel hire an assassin to end the lawsuit?

    2. Re:Good for him by Umbro2 · · Score: 1

      His estate could carry on the lawsuit indefinitely. His heirs or the beneficiaries of his will would still profit in the event of a judgment for him.

      This just means the paid assassin(s) have a few extra targets.

    3. Re:Good for him by aztektum · · Score: 1

      After the way her movie has been received, I would imagine Elektra to be looking for some work.

      --
      :: aztek ::
      No sig for you!!
    4. Re:Good for him by pchan- · · Score: 4, Funny

      Will Marvel hire an assassin to end the lawsuit?

      If they do send an assassin after him, they'll just end up scarring one of his grandkids, turning him into a masked crime fighter out for revenge on the people that killed his grandfather.

      Instead, I suggest trying to kill him with a massive dose of radiation.

    5. Re:Good for him by Anonymous Coward · · Score: 0

      Deadpool. Deadpool will take of Lee for us Mr. Fisk.

    6. Re:Good for him by Propagandhi · · Score: 3, Funny

      Instead, I suggest trying to kill him with a massive dose of radiation.

      If Stan Lee and his ilk have taught us anything it's that radiation doesn't kill you, it just gives you super powers. So unless Marvel Enterprises wants a super powerful 82 year old on their asses, I think paying up is their only option..

    7. Re:Good for him by minotaurcomputing · · Score: 1

      "Will Marvel hire an assassin to end the lawsuit?"

      Maybe they can hire Bullseye.

      -m

    8. Re:Good for him by rev_sanchez · · Score: 1

      and more importantly:
      Who will play the guy that pulls the kids out of the way just before some rocks and shit fall on their heads in the sequels?

      --
      If you didn't come to party don't bother knocking on my door. Prince '1999'
    9. Re:Good for him by Anonymous Coward · · Score: 1, Informative

      If a party dies and the claim is not extinguished, the case continues with substituted parties. Federal Rule of Civil Procedure 25(a) see here. I couldn't determine from the article what basis the case had for being in federal court because I thought Stan Lee was a new york resident, but if he's a California resident then the case is most likely based diversity of citizenship jurisdiction (residents of different states & >$75,000 in controversy) and either New York or California law on survival of claims would likely apply under Erie v. Tompkins.

      In California, civil actions survive the death of the plaintiff, who has to be replaced by a personal representative/successor in interest. The idea originated with wrongful death claims and has been expanded to other areas. See here for a quick overview.

      Contrary to Hollywood, it is difficult to kill someone for money and get away with it, so no, they won't hire an assassin, they'll try to drag out the case until he dies though so that he can't e.g. explain his understanding of the contract anymore. :-/

    10. Re:Good for him by Anonymous Coward · · Score: 0

      That was the joke...

    11. Re:Good for him by Anonymous Coward · · Score: 1, Funny

      Thank you for simultaneously not getting it and ruining it for others.

      You douche.

    12. Re:Good for him by zephc · · Score: 2, Funny

      "Wow, Stan Lee came back?"
      "Stan Lee never left."

      --
      "I would say that 99 per cent of what my father has written about his own life is false." - L. Ron Hubbard Jr.
    13. Re:Good for him by AndroidCat · · Score: 2, Funny

      Hello. My name is Inigo Montoya Lee. You ripped-off my great-grandfather. Prepare to be served.

      --
      One line blog. I hear that they're called Twitters now.
    14. Re:Good for him by ScentCone · · Score: 1

      Or dioxin. But look at how well that worked for the Russians in the Ukrain elections.

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:Good for him by Anonymous Coward · · Score: 0

      Damn, that's good! :^)

    16. Re:Good for him by Anonymous Coward · · Score: 0

      I love it when people restate the obvious

    17. Re:Good for him by Anonymous Coward · · Score: 0

      This is why Funny mods don't earn karma.

  3. But wait.... by Kenja · · Score: 4, Insightful

    I thought there was no such thing as intellectual property according to 90% of the people here. So this is a bad thing right? Or is it only OK when you download Mp3s and movies?

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:But wait.... by rainman_bc · · Score: 1

      Yeah, but there's a long history. IIRC, Stan Lee was fired from Marvel and was pretty much broke wasn't he?

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:But wait.... by Kierthos · · Score: 3, Insightful

      It's bad when it's used against us, and it's good when it's used for us (or someone we like or admire).

      There will be a test later, so you better study if you hope to pass "Understanding Slashdot 101".

      Kierthos

      --
      Mr. Hu is not a ninja.
    3. Re:But wait.... by crashfrog · · Score: 5, Insightful

      Or is it only OK when you download Mp3s and movies?

      The next time I make millions of dollars from that Dave Matthew's Band mp3 and those bootleg Battlestar Galactica episodes, I'll be sure to cut them a check.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    4. Re:But wait.... by garcia · · Score: 1

      This is a corporation ripping off an individual not the other way around.

    5. Re:But wait.... by Baorc · · Score: 1

      Well let's see, when you download music and movies, you make...oh wait, 0$. But when you produce a movie and sell tons of shit, you make, oooh I don't know, roughly $800million. Well at least on this deal.

    6. Re:But wait.... by N0decam · · Score: 5, Insightful

      There's also the fundamental difference of who's being ripped off. Stan created Spider-Man etc. The **AA don't create things, they just hoard the rights to other people's creations.

    7. Re:But wait.... by freshman_a · · Score: 2, Insightful

      In his contract it stated he would get 10%. He wasn't paid the 10% and sued. He won and is now getting his 10%. What does that have to do with downloading MP3s and movies?

    8. Re:But wait.... by Swift+Kick · · Score: 2, Informative
      Someone didn't read the article:


      Lee began with Marvel in 1939, and served as writer, editor, art director, head writer and publisher for the company before effectively retiring from active duty and becoming chairman emeritus. He filed the lawsuit in November 2002, pointing out a clause in his contract that entitled him to 10 percent of TV, movie and merchandising deals, an amount he thought was significantly higher than the $1 million-per-year salary he currently receives.

      --
      "We'll need 2000 crickets, 4 cans of Easy Cheese, and the fluid from 18 glowsticks for this plan to work...." - ph0n1c
    9. Re:But wait.... by ifwm · · Score: 1

      How does that change anything? What, you're saying it's ok for individuals to own IP, but not companies?

      And to be a little pedantic, I am certain it is Stan Lee Enterprises (a corporation in case you were wondering) that filed suit. So you were wrong about your statement.

    10. Re:But wait.... by shark72 · · Score: 1, Insightful

      "The **AA don't create things, they just hoard the rights to other people's creations."

      ... and pay to have those creations made, and cover the costs involved in marketing, selling and sistributing those creations.

      If you have a piece of paper with some lyrics and chords on it, the idea is that you take it to a record company, which comes up with the money to turn that into a CD, then comes up with more money to make sure the radio stations play it and the stores sell it. They get (or at least share) the rights to the recording, while you keep the rights to the words and music that you wrote.

      The way to avoid this is, of course, to fund the recording, producing, marketing and sales of your work yourself, rather than allowing experts to do this in exchange for a share of the sales. This is a perfectly viable solution provided that you have a lot of money in the bank that you don't mind risking, and you have the skill and the talent to be an engineer, producer, marketer and salesperson.

      --
      Sitting in my day care, the art is decopainted.
    11. Re:But wait.... by spif · · Score: 3, Informative

      Stan Lee had a contract with Marvel entitling him to a percentage of profits. So it's not really an intellectual property issue, it's basic contract law.

      Thank you, come again.

      --
      fnord.
    12. Re:But wait.... by ifwm · · Score: 1

      I'm not sure why making money has anything to do with this. The question is ownership, not compensation.

      With that in mind, explain where the cutoff is for this to be wrong? If I make a dollar? 10? 100,000?

    13. Re:But wait.... by servognome · · Score: 1

      The **AA don't create things, they just hoard the rights to other people's creations
      They also spend millions in promotions, provide contacts, etc, which sadly enough, is worth more (in terms of cash) than the creation itself. There's a reason why very talented people who don't sell out linger in obscurity, while an untalented Ashlee Simpson is given a national stage to perform.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    14. Re:But wait.... by TrevorB · · Score: 1

      So if you actually went to either Spiderman movie, or own the DVD, you should expect to be taken to small claims court by the MPAA for another 10% of your purchase price?

      Part of my brain is cheering "hooray for the artists", and the controdictosensor went off.

      Maybe it's OK because I haven't seen Stan Lee shoving his fist down my throat saying I've been a bad person the last several years. (For going to a movie that didn't support him). I mean, Stan could have had an option to lead a fan based boycott. He's not that stupid (on several levels).

    15. Re:But wait.... by OverlordQ · · Score: 1

      As long as it's somebody they dont like getting ripped off, piracy is ok. But if it's somebody they like, OMG how dare you steal even a penny from them.

      --
      Your hair look like poop, Bob! - Wanker.
    16. Re:But wait.... by teh*fink · · Score: 1

      as an individual i can create a corporation consisting of me, myself, and I. just a thought.

      --
      "I DARE you to make less sense!"
    17. Re:But wait.... by Anonymous Coward · · Score: 0

      What, you're saying it's ok for individuals to own IP, but not companies?

      Yes. And is not that bad idea.

    18. Re:But wait.... by Have+Blue · · Score: 1

      I hope you supported whatever entity was suing JibJab Media over their adaptation of This Land is Your Land (before the court found for JibJab, at least).

    19. Re:But wait.... by king-manic · · Score: 4, Interesting

      ... and pay to have those creations made, and cover the costs involved in marketing, selling and sistributing those creations.

      MPAA maybe, but most members of the RIAA just "lend" the artist the money to create and promote their work and then collect it back after they sell records.... If the artist doesn't the artist owes. I know more then one artists getting fucked this way.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    20. Re:But wait.... by KlomDark · · Score: 4, Funny

      Parent message auto-posted by the **IA CensorBot which monitors slashdot attempting to perform assinine damage control on contradictory viewpoints and keywords.

      (c) 2005 **IA CensorBot 5.12

    21. Re:But wait.... by N0decam · · Score: 2, Interesting

      I'm not saying that what they do has no value. I just question a legal system that winds up giving more rights to the people behind the marketing than the people behind the creating.

      Copyright was created to encourage creation, not to encourage marketing.

      And before you say "nobody forced them to sign away their rights" realize that the **AAs have created an environment that makes it difficult to make it on your own. As an example, payola to radio stations is illegal, and yet it continues unabated.

      I personally don't like Scrooge McDuck's golden rule: "He who has the gold, makes the rules."

    22. Re:But wait.... by TheWickedKingJeremy · · Score: 1

      They also spend millions in promotions, provide contacts, etc, which sadly enough, is worth more (in terms of cash) than the creation itself.

      I never bought this argument. I can't think of a single band that I listen to (including those that have moved over to major labels) that has got a national promotion or any sort of advertising campaign. Sometimes a song or two will make it onto the radio, but that alone is not enough to praise the industry gods, as they are also the roadblock from getting onto radio in the first place. As it stands now, I still only come to find out if a band is touring through third-party music websites or if I go to the bands website to check it out myself.

      As for the costs of producing the CDs - I know several local bands that have managed to produce CDs and also make it onto local stages here in my city. I think the industry as it stands now inflates a lot of these production costs to unnecessary levels, and spends the majority of its promoting on the chosen few artists who have been determined to be viable marketing platforms.

      As for "providing contracts" - again, they are the roadblock. The fact that they open up their gates every once in a while to let some artists through is not a reason to support them. There are plenty of indy labels and artists that do just fine - and they do so *despite* the huge roadblocks that the industry giants impose on them, which keeps them off radio, etc.

      --

      my religion lies somewhere between buddhism and super monkey ball - pamphlet?
    23. Re:But wait.... by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      .. and pay to have those creations made, and cover the costs involved in marketing, selling and sistributing those creations.

      They pay the marketing, distribution, and production. I guess that is the part of intellectual property that needs to be protected to encourage author's to create new works and benefit society, right? And once the author dies, they keep those rights for many more years (going on forever right now) because that also encourages the dead authors to crawl out of the grave as artistic zombies. It all makes sense now.

      The way to avoid this is, of course, to fund the recording, producing, marketing and sales of your work yourself

      ...by doing and end-run around the monopoly that controls the market and distribution channels and has been convicted of illegally abusing that monopoly to the detriment of the consumer. You just have to call up all the distribution chains and get them to carry your product, even though you are not part of the highly established and controlled industry and even though you are not getting compensated for any airplay, restaurant play, or other imposed fees collected by the RIAA on behalf of all copyright holders, but not distributed to any independents.

      I am serious about the last part. It can be done and has been done. It is just very, very, very hard to fight an unfair battle against a giant who has laws that specifically advantage them against you.

    24. Re:But wait.... by err+head · · Score: 1

      as it says in the constitution
      the purpose is to promote the useful arts
      not marketting departments and crap
      if the current system encourages crap, then a reworking is in order

    25. Re:But wait.... by Brandybuck · · Score: 1

      And thus the Slashdork justifies his behavior. "All things are justified so long as it sticks it to the **AA!"

      --
      Don't blame me, I didn't vote for either of them!
    26. Re:But wait.... by redivider · · Score: 1

      Yeah but the corporation is still a separate entity and is treated as such. Stan Lee is an individual. Stan Lee Enterprises is a corporation. It doesn't really matter if he is the only person involved (and he's probably not, although I'm just guessing.)

      --
      Sinch
    27. Re:But wait.... by nettdata · · Score: 5, Insightful

      " I know more then one artists getting fucked this way."

      Yeah, cuz they had a gun pointed to their head when they signed those contracts, right?

      I worked in the music business for years (head of tech for Nettwerk, home of Sarah McLachlan, Lilith Fair, Bare Naked Ladies, Avril Lavigne, to name a few, as well as Virgin, EMI, Sony), and have seen my fair share of artists come in to see the A&R guys.

      It amazes me how stupid some of the new artists are; they totally fail to prepare themselves for entering into any agreements with the labels, and then blame anyone but themselves later on when the light bulb clicks on and they realize that the contracts, written by the labels, are in the label's favour.

      Maybe they're just too stupid to know they're stupid, but that's still no excuse. Even the most least expensive entertainment lawyer should be able to describe the situation outlined by the paperwork.

      Sure, some of the "smart" guys I've known (who were some of the best musicians I've EVER heard), walked away from the userous loans/contracts, but there were always 100 willing idiots waiting in line to take their place.

      Even the most simplistic moron of an "artist" should find themselves someone to handle their business/legal affairs, because that makes up 90% of the music BUSINESS.

      A bad contract or two may be just the wake-up call that some musicians need to get a little grounded in reality. (Don't even get me started on the "I'm an artist, so I refuse to deal with boring things like business/contracts" crap).

      Mind you, most of the "artists/musicians" I know think that they're just the cat's ass, and will be making millions in no time, so this little "loan" won't be that bad; it'll get paid back in no time, and then it's on to the fame and fortune.

      They need a serious dose of reality (and a smack in the head). Just watch 10 minutes of American Idol to see how freakin obliviious 99% of the entrants are to their complete lack of talent.

      END RANT

      PS: I've been a musician all my life; played the violin since I was 5, was offered a scholarship to Tanglewood, and have played lead guitar in Van Halen / SRV cover bands and other paying gigs for years, so it's not like I'm against musicians... I am one. I'm just against STUPID musicians that whine and complain.

      REALLY END RANT

      --



      $0.02 (CDN)
    28. Re:But wait.... by shark72 · · Score: 1

      "MPAA maybe, but most members of the RIAA just "lend" the artist the money to create and promote their work and then collect it back after they sell records.... If the artist doesn't the artist owes. I know more then one artists getting fucked this way."

      The record company is at risk of losing money, but the artist is not. If the record company ends up spending more on the record than is recouped in sales, then the artist, unfortunately, will end up with a big fat ZERO, but the record company will have lost money. The artist generally doesn't start seeing money until the record company sees money.

      This can certainly suck for the artist. It can also suck to invest a lot of your own money, never to see it again -- but at least your destiny is in your hands. Signing a record deal vs. producing and promoting your work yourself each have a long list of pluses and minuses.

      --
      Sitting in my day care, the art is decopainted.
    29. Re:But wait.... by Anonymous Coward · · Score: 0

      ...except that, the RIAA companies essentially OWN all rights except for the artist's right to perform the artist's creations in a public forum, i.e., concert.

      Dave Matthews cannot take his music from his publishing company, rerecord it with a different band and a different recording company or on his own, and rerelease the work.

      *THIS* is the part that essentially has the artists and composers in shackles.

    30. Re:But wait.... by jedidiah · · Score: 1

      This is a simple contract distpute.

      "Intellectual property" has nothing to do with it. Everything Stan ever did was probably a "work for hire" anyways.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:But wait.... by TheWickedKingJeremy · · Score: 1

      The way to avoid this is, of course, to fund the recording, producing, marketing and sales of your work yourself...

      I think this is a very simplistic view of things, as you totally ignore the fact that the industry giants are also roadblocks in your path that you must overcome. They control the radio stations, many concert venues, etc. It would be nice if radio-play was based on merit, and in that world you would be perfectly correct. But, welcome to our world...

      ... In our world, the industry giants control the means of distribution (thats why all this internet file sharing is so dang scary to them). They will sometimes even give you airplay if you join them - but chances are remote if you remain independant of breaking through. The fact that the industry giants elevate a few select artists over the roadblocks that they themselves imposed is not enough to justify their existence, or to respect the model that they are imposing on the industry. The fact that some artists can exist independant and despite of these giants is reason enough to believe that the giants are ultimately unnecessary to the survival of music as a business and art-form.

      --

      my religion lies somewhere between buddhism and super monkey ball - pamphlet?
    32. Re:But wait.... by jedidiah · · Score: 1

      Then it's time for the labels to hire some industrial engineers.

      Perhaps they should cease the sort of shenanigans where they hire some producer and get him out of another at great expense just to later not bother to use him at all.

      Kill 'em All vs. Hysteria.

      A record need not be expensive.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    33. Re:But wait.... by shark72 · · Score: 1

      "And once the author dies, they keep those rights for many more years (going on forever right now) because that also encourages the dead authors to crawl out of the grave as artistic zombies. It all makes sense now."

      Yup. And to make matters worse, the artist's children also enjoy those rights for up to 70 years after the artists's death (the record company gets the rights to the recording, the artist, everything else, including the words and music.)

      "...by doing and end-run around the monopoly that controls the market and distribution channels and has been convicted of illegally abusing that monopoly to the detriment of the consumer. You just have to call up all the distribution chains and get them to carry your product..."

      You're correct as well, if you're an indie record label, or if you're trying to sell a self-produced CD, it can be next to impossible to get to the retailers.

      Likewise, if you've designed your own mouse in your garage, you can effectively forget about Best Buy, CompUSA, Wal-Mart or other major retailers even talking to you -- they're perfectly happy dealing with Microsoft, Logitech and the rest. However, "monopoly" is not an appropriate word to use here, either. But I agree with you that in the mouse and record industries, as well as thousands of others, it can be tough to be a tiny, tiny fish in a big, big pond.

      "even though you are not getting compensated for any airplay, restaurant play, or other imposed fees collected by the RIAA on behalf of all copyright holders, but not distributed to any independents."

      Huh? The RIAA has nothing to do with radio, restaurant, and other airplay. That's managed by artists' rights societies like BMI and ASCAP. They're wholly unrelated to the RIAA and are typically non-profits run by and for musicians, songwriters and composers.

      You're correct, however, that if you're not getting much airplay, your checks from BMI or ASCAP can be tiny or even nonexistent.

      --
      Sitting in my day care, the art is decopainted.
    34. Re:But wait.... by jedidiah · · Score: 1

      Parodies are exempt.

      Weird Al can pretty much do what he likes without getting anyone's permission. He does so merely as a courtesy.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    35. Re:But wait.... by beanlover · · Score: 1

      >
      And before you say "nobody forced them to sign away their rights" realize that the **AAs have created an environment that makes it difficult to make it on your own. As an example, payola to radio stations is illegal, and yet it continues unabated.
      >

      Illegalities aside (I don't know if payola still happens or not but I would be willing to bet it does) it's not really the RIAA that has created the "difficult environment" but rather they are catering to the basic laziness of their target demographic (i.e. PLEASE TELL ME WHAT KIND OF MUSIC I LIKE!). This would be the Brittany Spears' lovin' teenie boppers who don't make a move without looking around to see what others are doing first.

      The entertainment industry is shifting like it or not. What needs to happen is a set of marketing groups (and other service-providing-groups that decentralize all the "services" the **AAs currently provide) that work with indie artists without screwing them. This will happen over time as more and more artists that are worth their salt start to go the indie route. Couple this with easy-to-find-and-obtain music (via the 'net in some form) and kiss the **AAs goodbye (at least in their current form).

      I can't wait.

    36. Re:But wait.... by bbc · · Score: 1

      It's a great idea to limit holdership (only the public really owns works) to only the authors and cut the middlemen out. Only problem is, the middlemen will find a way around it.

    37. Re:But wait.... by defile · · Score: 1

      If the terms of the contract are going to fuck the artist, they shouldn't sign the contract?

      Does anyone have a good rebuttal?

    38. Re:But wait.... by defile · · Score: 2, Funny

      Agree with everything you said, but I zeroed in on this section.

      Maybe they're just too stupid to know they're stupid, but that's still no excuse. Even the most least expensive entertainment lawyer should be able to describe the situation outlined by the paperwork.

      Well, it might be an excuse. "Your honor, my client is so incredibly stupid, that he's in no condition to be committing to anything at all. Why, there are 12 year olds who should enter contracts before my client. Thus, the contract is void."

    39. Re:But wait.... by bbc · · Score: 1

      "The record company is at risk of losing money, but the artist is not."

      That is because the artist, at this point, has already lost money. Or do you figure those songs create themselves? No, the artist must spend time, time which cannot be spent on making money, but during which the rent will still have to be paid, to create songs.

    40. Re:But wait.... by nettdata · · Score: 1

      Yeah, I can see your point.

      Actually, I might remember a couple artists that would fit this description!

      Hopefully, if they're that stupid, then they're not whining and complaining about being screwed, as their too oblivious to reality.

      --



      $0.02 (CDN)
    41. Re:But wait.... by shark72 · · Score: 1

      "That is because the artist, at this point, has already lost money. Or do you figure those songs create themselves? No, the artist must spend time, time which cannot be spent on making money, but during which the rent will still have to be paid, to create songs."

      You are very correct (the econ term for this is opportunity cost), but this is a variable that we can remove from both sides of the equation when pondering the "which sucks more, signing a recording contract or going it alone?" question.

      Putting it another way, the choice to spend time on one's craft rather than, say, working at a day job is one which an artist must make well before they even get to the "recording contract or self-published" decision.

      --
      Sitting in my day care, the art is decopainted.
    42. Re:But wait.... by redivider · · Score: 4, Insightful

      It amazes me how stupid some of the new artists are; they totally fail to prepare themselves for entering into any agreements with the labels, and then blame anyone but themselves later on when the light bulb clicks on and they realize that the contracts, written by the labels, are in the label's favour.

      Maybe they're just too stupid to know they're stupid, but that's still no excuse. Even the most least expensive entertainment lawyer should be able to describe the situation outlined by the paperwork.

      Sure, some of the "smart" guys I've known (who were some of the best musicians I've EVER heard), walked away from the userous loans/contracts, but there were always 100 willing idiots waiting in line to take their place.

      That's a big part of the problem.

      Just because you spend the money on an entertainment lawyer or business manager doesn't mean you're gonna have any options other than the horrible contract in front of you. Obcenely unfair terms for new artists have become the norm. Turn down one bad contract and if you're lucky you'll get offered another bad contract. If every new artist were to turn down these bad deals, it might make some sort of difference. But there's always some other hungry band waiting in line right behind you, and they're willing to give up rights to everything just to take a ride on a tour bus for a year. And with the advent of ProTools, they can take a mediocre artist and a good producer and make them sound perfect. You can no longer use your talent as a bargaining chip, because they have a computer that can simulate talent for them.

      Obviously there are exceptions to this, but most unproven artists -- meaning they don't have a significant number of independent album sales, no real radio play, no "story," etc. -- are put in a situation where they either sign the contract as is, or they walk away. It's a huge decision to make especially for the kind of people who actually care about what they do and may see this as their one shot at making it. It's easy to tell someone to walk away, but it's a whole other story when the deal is on the table and you have to make that call. It's easier, like you said, once you go through a couple bad deals, to see the reality of situation and make the right choice. But a lot of these bands are in the 18-25 age range. They're young and passionate and a little bit naive, and the label takes full advantage of that.

      They don't hold a gun to your head, but with such a small number of companies having control over the entire industry, it can certainly feel like it. It's like, you either sign one of the bad deals that you're lucky to get (according to them), or you can go back to obscurity in your garage. I'm not saying that's actually the case, but I don't totally blame a young band for getting caught up in the excitement and signing a bad deal in the hope that somehow they'll be different.

      This post is kind of all over the place, but the point is, you can't put *all* of the blame on the artist just because they signed a "bad" deal. The major labels have consolidated to the point where you either sign on their terms (they'll give you a few lame concessions to make it seem like you negotiated something) or you do it yourself, which is becoming more and more difficult. The major labels manipulate the market (radio, MTV, major retail, etc) by paying these outlets huge amounts of money to promote their products, knowing that the independent artist can't afford to compete. This makes it almost impossible for the independent artist to break into the mainstream and therefore more likely to want to sign with the major label, even if the deal is heavily sided with the label, just for that chance to break out and become successful.

      --
      Sinch
    43. Re:But wait.... by Sierpinski · · Score: 1

      The **AA riding on the coattails of creative geniuses reminds me of Nader's campaign. Sure they might get some votes, but I have yet to see any state on the leaderboard in any color other than red or blue. They just don't have a chance without help from the big boys, who are, as N0decam said, hoarding the rights for themselves.

      Maybe thats where all the rap artists got the idea from...

    44. Re:But wait.... by Anonymous Coward · · Score: 0

      Stan Lee is the creative talent. Most people on slashdot agree: If there is any money to be made on a creation, it should be made by the creative talent.

      The MPAA and RIAA are not creative talent. In fact, they do everything within their (considerable) power to take money AWAY from the creative talent. They aren't bad guys for making money...they are bad guys for taking the money away from the very people they claim to represent and protect.

      There is no inconsistency here, you are just trying to obfuscate the issue.

      Some slashdotters MIGHT take this a step further and say something like this: The best thing you can do for your favorite artist is avoid giving money to the RIAA, so that you will bankrupt the RIAA, and hence liberate the market (and your artist) from their oppressive boot. Hence P2P filesharing is a moral imperative. While you may or may not find some hypocrisy in THIS....this is not the issue in question with this particular case.

    45. Re:But wait.... by AviLazar · · Score: 0, Troll

      Be gone you heretic! Blasphemy, BLASPHEMY!!!

      Didn't you hear? Since most of the people here like Stan Lee, and he is not a corporation (arguable in some ways) it is ok that copyright works for him. Now if he was the RIAA/MPAA we would cry foul.

      Personally, all the people who are clapping him on the back, who have (and still do) argue with me about IP should be picketing against Stan Lee getting paid. I mean come on, it's on paper, in movies, music it should be free. And most certainly it is OLD (since 39 was it?)

      --

      I mod down so you can mod up. Your welcome.
    46. Re:But wait.... by shark72 · · Score: 1

      "I'm not saying that what they do has no value. I just question a legal system that winds up giving more rights to the people behind the marketing than the people behind the creating."

      FYI, that's not a product of our legal system, but of the contracts that most record companies offer: they get the rights to the recording of your work, you retain the rights to your work.

      Companies like Magnatune don't try to assert rights on your recordings, because they don't spend any money or effort on creating the recordings -- they just distribute them for you.

      Also, once musicians get a few successful CDs under their belts, they get more leverage. They can strike deals with labels that state that the musicians keep the rights to the recordings.

      --
      Sitting in my day care, the art is decopainted.
    47. Re:But wait.... by defile · · Score: 1

      "This store down the block sells the same things I do but at half the price, my customers are leaving..."

      "This other guy works for less pay than I do and does the same exact job. I can't find work..."

      "This other band is willing to put up with record deal contracts that we won't. We can't get signed..."

      It's a free market.

      The fact that it's so hard to get signed might mean that collectively, mass-market listeners don't want to hear from you that much more than they want to hear from any one of the other 100 bands in line behind you.

      Having an infinite market for your talents or goods is not an inalienable right. Take it or leave it. :D

    48. Re:But wait.... by AviLazar · · Score: 1

      (a tear wells up in my eye)...I...I love you man.... (sniff)

      --

      I mod down so you can mod up. Your welcome.
    49. Re:But wait.... by king-manic · · Score: 1

      big fat ZERO

      Some contracts actually state you owe them if your record doesn't make money. So the 250k advance is a 250 k load to promote your stuff anf make yrou record. If for some reason someone int he company doesn't like you, they can renege on a few things and destroy any chance for success. And then you owe. A negative number. a non zero sum.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    50. Re:But wait.... by king-manic · · Score: 1

      If the terms of the contract are going to fuck the artist, they shouldn't sign the contract?

      Does anyone have a good rebuttal?


      Right, I'm sure most garage bands have at least one qualified lawyer or business manager in it right? Most bands have high intelligence and a mature outlook on things right? Most bands aren't 16-25 and filled wiht mostly dumb stoners?

      And then theres interscope. Who will sign a good band, shelve you, and promote another band with the same sound. Their notorious for this. They figure a couple grand to remove compitition is great. The music industry is preditory for the most part. So many sharks and so much chum too.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    51. Re:But wait.... by king-manic · · Score: 1

      True musicians don't have to sign. But if some guy from nettwerk came to edmonton offered my friends band 250k loan to promote their band, my friend would be hard pressed to say no. He's an intelligent colledge student who knows the RIAA members want to fuck him and use him and rape him. But he's willing to risk playing with the devil for fame and fortune. And unfortunatly so are most bands regaurdless of their intelligence. They myopically belive this is their ticket to fame. They'll sign anything to be with the big labels.

      Nettwerk isn't very bad I hear. But somebody liek interscope.... They'll sign you and shelve you just so no one else can have you and you can't compete with generic souless version of you.

      It's very true they dont' have to sign. And if they were intelligent they'd have someone with some intelligence review the contracts. But your dealing with mostly young men who are obsessed with a dream. Hardly free-willed intelligent autonomous agents.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    52. Re:But wait.... by TrentC · · Score: 1

      It's bad when it's used against us, and it's good when it's used for us (or someone we like or admire).

      There will be a test later, so you better study if you hope to pass "Understanding Slashdot 101".


      Well, I'm afraid you'd only get partial credit for that answer.

      The correct answer is "Slashdot has a broad readership which has differeing viewpoints on just about every topic Slashdot covers. Some people think all IP rights are bad, others think IP rights are sacred and inviolable; still more fall in the middle, believing the current system that handles different types of IP needs to be revised or even completely overhauled in light of how that system is used."

      I know, that answer is long and not quite as witty as yours; I was shooting for extra credit. :)

      Jay (=

    53. Re:But wait.... by nettdata · · Score: 1

      but the point is, you can't put *all* of the blame on the artist just because they signed a "bad" deal.

      Well, if they sign it, then I don't want to hear them bitching about it. Or other people bitching about it. It was their decision, and they have to live with it.

      As to the situation with a relative monopoly for the signing of new musicians, It's because new bands jump to sign any deal that the system continues to perpetuate itself.

      There are other options to getting your music out there, rather than signing to a big label.

      I guess it comes down to what they want to accomplish with their music... if they're looking to "make it big", or enter the mainstream, then I have no pity for them. They're in the position they're in because they are greedy (maybe a little strong). Maybe it's better to say that they're buying into the existing marketplace and all the crap that that entails.

      There are other bands that do fairly well for themselves, without signing to a big label.

      I think it comes down to realistic expectations, and the need for a lot of musicians to get some. Do you want to make a living at your music, or do you want to be rich and famous?

      Sure, we all have dreams, and you have every right to fight tooth and nail to achieve them, but I think too many people don't realize that sometime your dreams come with a "dark side", or strings attached. That's just life.

      That being said, do I think that the big labels have waaayyy to much control over the market? Definitely! How to fix that? I don't know. It's not going to be simple, as marketing/exposure requires CASH. That is not likely to change any time soon.

      Mind you, I ignore the market, for the most part, as it has 99% crap in it anyway. The big problem is the mindless mass of consumers that flock to the market and believe the crap that is force-fed them via marketing, etc. As long as the mindless massess continue to buy crappy products, then this is the situation we'll be in.

      I perefer to stick with the "non-mainstream" undercurrents that have low-profile, high-quality music, and continue to support them as much as I can by buying their products and attending their shows.

      Oh, this post was all over the post as well. ;)

      --



      $0.02 (CDN)
    54. Re:But wait.... by Anonymous Coward · · Score: 0

      I know more then one artists getting fucked this way.

      And the studios charge them for the astroglide that is used!!!!

    55. Re:But wait.... by nettdata · · Score: 1

      Nettwerk, for the most part, is amazing. I've only seen one band that had problems, and as far as I'm concerned, it was because their egos got the better of them.

      All in all, they have excellent people working there, and I respect Terry McBride a lot for his values and work ethic. (he's the founder and CEO).

      I have no problem with people signing this stuff, my pet peeve is hearing them bitch about it later. Unfortunately, they're old enough to sign the contract, so they have to abide by the rules of it. Kind of like a credit card... I know a LOT of guys who are "legally" alllowed to have a credit card, but who immeidately get in over their head and screw themselves. Same thing with cel phones, etc.

      At least your friend is going in with his eyes open, knowing what he wants out of it, and seems to be willing to take the changes.

      (Best of luck to him, by the way!)

      --



      $0.02 (CDN)
    56. Re:But wait.... by sacrilicious · · Score: 1
      Yeah, cuz they had a gun pointed to their head when they signed those contracts, right?

      I dunno... did you have a gun at your head when you decided it was in your best interests to drive a car? To get a telephone? To wear more than bikini briefs to a job interview? It's fun and easy to try to make people out to be hypocrites by pointing out things they did that they weren't technically required to do, but not everything worthwhile is fun or easy.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    57. Re:But wait.... by redivider · · Score: 1

      They also spend millions in promotions, provide contacts, etc, which sadly enough, is worth more (in terms of cash) than the creation itself.

      I never bought this argument. I can't think of a single band that I listen to (including those that have moved over to major labels) that has got a national promotion or any sort of advertising campaign. Sometimes a song or two will make it onto the radio, but that alone is not enough to praise the industry gods, as they are also the roadblock from getting onto radio in the first place. As it stands now, I still only come to find out if a band is touring through third-party music websites or if I go to the bands website to check it out myself.

      Since you didn't actually list the bands you listen to, and since they aren't the only bands in the industry as I'm sure you're aware, your point has little weight.

      And just because you haven't seen any national promotion or advertising campaigns or heard their music on the radio, doesn't mean that the label didn't spend hundreds of thousands of dollars which all has to be recouped by the artist.

      Like you said, most of these costs are inflated, which is part of the problem. They can end up spending $500,000 to $1,000,000 and still not have any effective promotion. They'll easily spend $100,000 on the recording and another $100,000-$250,000 on a video that will get played 3 times at 4am and maybe on some local music video shows and then never been seen on TV again. Then they have to spend thousands of dollars just to make the CDs available in Best Buy, Target, etc. They'll spend a bunch of money on some photo shoots for a bunch of lame press that no one will ever see and they'll have to pay a publicist to set up all that lame press. At this point, still no one knows who the band is.

      Then they'll get them the opening slot on a national tour, which costs more money. Unless someone is calling in a favor, that headlining act is probably gonna give their opening slot to the highest bidder. not to mention all the costs of actually doing the tour once they've bought their way onto it... gas, food, van/bus rental, crew salaries, hotel rooms, guitar strings, drum sticks/heads... the label is usually fronting all of this money. The band can offset the cost a bit by selling merchandise and with whatever measly amount they get as the opening act (probably a couple hundred bucks). So now, unless you happen to go see the band they're opening for, you still have no idea who they are, but they're spending thousands of dollars a week of the labels money... which is eventually gonna have to be paid back.

      I don't want it to seem like I'm totally disagreeing with you here, because you're right on with a lot of your points. I just thought I could offer some insight (from experience) into how a band can spend a ton of the label's money and still be pretty much unknown to most people.

      Then there are the bands who work on a smaller level, sell a decent amount of records and make a lot of money touring. Some of the bands you're thinking of probably fall in this category. In their case, the label probably isn't spending all that money, but they also own a bigger piece of the copyright, if not all of it, and actually make money from record sales.

      --
      Sinch
    58. Re:But wait.... by iminplaya · · Score: 1

      There is no such thing as intellectual property, but as long as the law is on the books, and the movie industry expects us to obey these laws, they better obey them also. It's bad law that's being enforced very selectively, and maybe people wouldn't react so badly towards them if the law was applied to everybody equally. What makes bad law worse and easy to pass is the hypocrisy surrounding it. If the lawmakers and their cohorts had to actually obey the laws they pass, they wouldn't be so likely to produce these kind of laws. As always, it's up to us to make sure they do.

      --
      What?
    59. Re:But wait.... by jamienk · · Score: 1

      Steve Ditko co-created Spider-man and other Marvel comics characters. So, of course, did Jack Kirby. My brother was on jury duty with Steve Ditko and, though he hasn't seen his share of the Spider-money, he's in good spirits about it.

      Stan the Man was able to play the IP-law game and get some of his share. Others, obviously, can play the IP-law game better than him, and make even more money than him, without creating anything. Still others can't play the game for shit, and are screwed.

      If IP was unregulated, some would still try to take advantage of other people's creativity. But there would be much, much wider opportunity for the small geniuses like Ditko (who currently can't make his own Spiderman adventures without draconian deals with the devils), for the barkers like Stan the Man, and for the unwashed masses of amateurs like me. In this case, who'd suffer the most? People like this.

    60. Re:But wait.... by Quikah · · Score: 1

      The loan isn't neccessarily the bad part though, it is how they spend the money like water which causes the problems. There is a long diary posted a while back of an engineers experience recording a major album (turned into a book, so it is kind of an ad, but there is still A LOT on the website). Some of the stuff in there was just ludicrous, the amount of money wasted was incredible.

      FYI: I can't remember if this is explained in the article but, Alsihad is Protools, a lot of the old school sound engineers hate it so they call it that (as in - alls I had was this crappy program instead of a tape machine).

      --
      Q.
    61. Re:But wait.... by freshman_a · · Score: 1


      And thus the Slashdork justifies his behavior. "All things are justified so long as it sticks it to the **AA!"


      Um, after RTFA, one can see this has nothing to do with the **AA. It's a contract dispute between Stan Lee and Marvel.

    62. Re:But wait.... by nettdata · · Score: 1

      Huh?

      My point is that if they are presented with a shitty contract, it is THEIR OPTION to sign it or NOT.

      I have 3 software companies right now, and am constantly approached by VC's who want to give us mediocre cash for controlling interest in them. Guess what? It's MY decision to do the deal or not, and if it's a bad deal, then I won't.

      If I _DID_ do one of the deals, and started to bitch and complain about it later about how I got screwed, then I fully expect my friends to smack me upside the head and tell me to "shut the fuck up".

      --



      $0.02 (CDN)
    63. Re:But wait.... by nettdata · · Score: 1

      I agree totally, and that should be part of the initial contract negotiations. A close friend of mine got signed, and I helped her get the initial contract in place, and ensured that she had that kind of stuff covered.

      There was a LOT of "mutual consent and agreement on the spending of funds" language everywhere.

      All in all it was very useful for her, as the label spent an extra $120,000 on Production, without authorization, and had to eat it themselves.

      Once again, it's all about the contract and the negotiations of that contract.

      Want a good one? Get (and spend the money) on a good lawyer with experience in the field. It'll be the best couple of thousand dollars you'll EVER spend for your career.

      --



      $0.02 (CDN)
    64. Re:But wait.... by ghjm · · Score: 1

      If that's the case, then why would Marvel agree to pay him the 10% in the first place?

    65. Re:But wait.... by SnapShot · · Score: 1
      Not to imply that you are an idiot, but this article is basically about the enforcablity of contracts and, once again, how large corporations will anally rape you if given the chance. If you had RTFA you would have seen the following quote:


      He filed the lawsuit in November 2002, pointing out a clause in his contract that entitled him to 10 percent of TV, movie and merchandising deals, an amount he thought was significantly higher than the $1 million-per-year salary he currently receives. Marvel tried to find a loophole in the wording...


      In fact, if you HAD read the article and done a search on the word "copyright" you would have found exactly 0 matches in the text. Go back to sleep troll, no need to get you panties in a bunch over this thread.

      --
      Waltz, nymph, for quick jigs vex Bud.
    66. Re:But wait.... by ichimunki · · Score: 1

      They don't hold a gun to your head, but with such a small number of companies having control over the entire industry, it can certainly feel like it. It's like, you either sign one of the bad deals that you're lucky to get (according to them), or you can go back to obscurity in your garage. I'm not saying that's actually the case, but I don't totally blame a young band for getting caught up in the excitement and signing a bad deal in the hope that somehow they'll be different.

      It's the same in every business, though. Most of us had to start in "entry level" jobs where the pay sucked and our good ideas only helped us move up the ladder but didn't bring us a lot of immediate reward. If the stranglehold of the major labels is to be broken the artists will have to say "no" more and more often. The problem is that big labels can do things that small labels can't. Like force corporate radio to play the songs and move hundreds of thousands of units a week for a given title when it takes off. It's the same problem the corner store has competing against Wal-Mart. One would hope to see technology make some inroads here, but my guess is that the public being made up of fairly average people is that it won't happen any time soon. We just don't have time to filter all the necessary information and shop around.

      --
      I do not have a signature
    67. Re:But wait.... by Reverend+Joe · · Score: 1

      And thus the anti-Slashdork justifies his statement: "All statements are justified, so long as I can make fun of somebody and use a cool (and CLEVER!) derogatory word, like Slashdork!"

      Seriously, how do you get that anyone is saying anything about **AA in this story?

      The **AA presumably collected and paid the IP holders' royalties for this (Or else ol' Stan would have nothing to sue FOR). If that particular rights-holder reneges on a contract deal it has with one of its artists, how can rooting for the artist in that scenario really be seen to be "sticking it" to **AA?

      Isn't this more of a "big company trying to screw a little guy out of the bennies they promised him" story, than anything about the rights / wrongs of copyright law?

      Just a thought ...

    68. Re:But wait.... by winwar · · Score: 1

      "It's a free market."

      Is it? Technically yes. In reality, no.

    69. Re:But wait.... by Brandybuck · · Score: 1

      Um, after RTFA, one can see this has nothing to do with the **AA.

      I was responding to the grandparent post, not the story. Please read my response in context. To quote the grandparent: "The **AA don't create things, they just hoard the rights to other people's creations."

      --
      Don't blame me, I didn't vote for either of them!
    70. Re:But wait.... by Brandybuck · · Score: 1

      Seriously, how do you get that anyone is saying anything about **AA in this story?

      Sigh. I was merely responding to the grandparent post. It was that post who brought up the *AA, not me. Really. It's true. Here, I'll even make it easy to verify by linking to it: "The **AA don't create things, they just hoard the rights to other people's creations."

      And you wonder where I got the term "slashdork." Sheesh.

      --
      Don't blame me, I didn't vote for either of them!
    71. Re:But wait.... by nettdata · · Score: 1

      One is not mutually exclusive of the other.

      I've been part of 3 original projects, one of which made it to a #2 single in, of all places, the Netherlands. (Don't ask me how!) Otherwise, we didn't get accepted, and looking/listening back, it was mostly crap at the time.

      But I said "paying" gigs. Original stuff, no matter how good, doesn't pay the rent all that well when you're unknown and your local city doesn't have the infrastructure to support it.

      The cover gigs paid REALLY well, especially for the 3 years we were the house band at a local bar. Never mind the $$$ for business conventions, weddings, etc. We even made HUGE money for playing 2 days at the Molson Indy.

      So yeah, I'm a player. But you see, I'm a software developer who plays music in my spare time as a hobby, not a full-time musician.

      So, well, BLOW ME. :P

      --



      $0.02 (CDN)
    72. Re:But wait.... by Brandybuck · · Score: 1

      But what if it promotes useful arts and encourages crap at the same time? There's nothing in the Constitution about promoting the useful arts just so long as crap is never encouraged.

      And amongst that crap that the vast majority prefers, there is indeed some useful art for the discerning minority. It sounds like the system is working to me.

      --
      Don't blame me, I didn't vote for either of them!
    73. Re:But wait.... by The+Only+Druid · · Score: 1

      I can't really tell if you're serious. If you are, you're just wrong. Being stupid (short of being clinically retarded, and thus legally incompetant to sign contracts) isn't and could never be an excuse for a failed contract. The reason is simple: it amounts to unilateral mistakes (which are categorically not able to void contracts).

      --
      "Stumble before you crawl"
    74. Re:But wait.... by ricosalomar · · Score: 0

      Were you there when Lilith Fair / Sarah McLachlan put out that Lilith Fair live recording? Because I was on that recording, and I was paid exactly sweet FA. Despite the fact that I am a dues paying union member, and had a brand new baby at home, I was unable to get one fucking cent for my contract labor. That is not IP, but actual work! Calls to the production company, management, &c. went unanswered, and I was left to figure some other way to feed my daughter. This is just one of very many examples of a musician being fucked out of his hard earned $, even though he signed a legally binding contract! I can't afford the kind of legal representation that Sarah McLachlan can, so I have to eat it. My daughter, wife and I say "Thanks a bunch, you fucking cunt."

    75. Re:But wait.... by geminidomino · · Score: 1

      Maybe because otherwise he wouldn't have done it?

    76. Re:But wait.... by kurzweilfreak · · Score: 1
      The fact that it's so hard to get signed might mean that collectively, mass-market listeners don't want to hear from you that much more than they want to hear from any one of the other 100 bands in line behind you. I think a key point that may be missed here is that it's not so much that the market doesn't want to hear from one band more than another, but that the mass market may not even get a chance to hear your band in the first place because you can't even make it to that market unless you get signed. You're damned if you do and if you don't.

      The only real solution is to take it into your own hands and do your own marketing and PR and everything else that you would normally be paying to the label to do for you. Thanks to the internet, this is becoming more and more feasable as the ability to get your content out to the mass market yourself becomes easier and easier, but it still takes a fair amount of up-front capital for a recording studio (unless you own all the gear yourself and have the skills and knowledge to do it), mixing, mastering, CD duplication, shipping and handling to vendors, etc. Again, going all digital helps a little in the process, but requires an enormous effort.

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    77. Re:But wait.... by AK+Marc · · Score: 1

      Did Marvel take Stan Lee's creation, sign a contract regarding it, make profit on it, then possibly not pay what was due?

      Now, compare that to someone that didn't negotiate or sign a contract, didn't make money off it, and possibly didn't pay what was due.

      If you think the two are identical, then you have a point. However, I think that many people consider the profit motive in whether something is "wrong" or not. They did keep money from Stan that was earned in his name. This is real loss. It isn't some fabricated "they may have bought all the albums which contain any one of the songs they have" complaint.

    78. Re:But wait.... by geminidomino · · Score: 1

      I think its a HHOS ("Ha ha only serious"). If the adult client is really less capable of decision making than a 12-year old, then yeah, that would put the IQ cap at 66.

    79. Re:But wait.... by nettdata · · Score: 1

      Why yes, I was there. Hanging out at the sound board, no less, for a number of the shows.

      What was your role?

      I assume you were playing as part of the "village" stages, and not the "B" or "A" stage acts. If that was the case, then the contract you entered into in order to play there stated that you forfeited all rights to any recordings made during those performances... whether they were audio, video, or stills.

      That was in lieu of giving you some pretty major marketing and exposure to a shit-load of people on what was, at the time, one of the hottest tours of the decade.

      If it wasn't your band, and you were a hired musician of a group, then your beef is with the band that hired you. Odds are you aren't entitled to receive any royalties of any kind if you're a contract/hourly musician, unless you negotiated differently.

      And I find it interesting that you yourself labelled your work as "contract labor". Did you expect, or agree, or negotiate to get any mechanical or record royalties? If not, then why do you expect to get them? If so, then there would be any number of lawyers that would be willing to take on your case without any up front expenses.

      Just out of curiosity, what was the name of the act? I'd be interested in checking out some of the details.

      Also, if you're a "dues paying union member", (as am I), you should have the ability to leverage those resources to fight your case. That's part of the reason the union is there, or so they say.

      All in all, sounds like you weren't that savvy about the situation you were in, and are now pissed over it.

      Sorry to hear you feel like you got screwed over, but I seriously doubt that was the case.

      --



      $0.02 (CDN)
    80. Re:But wait.... by Schwarzchild · · Score: 1

      Your arguments are remarkable! I want to hire you as my attorney.

      --

      "sweet dreams are made of this..."

    81. Re:But wait.... by Anonymous Coward · · Score: 0

      you said, "after the artists's death (the record company gets the rights to the recording, the artist, everything else, including the words and music.)"

      Only if the 'artist' wrote the words and music (or forced the actual songwriters to credit the 'artist' in order to get the song recorded).

    82. Re:But wait.... by Anonymous Coward · · Score: 0

      you said, "Some of the bands you're thinking of probably fall in this category. In their case, the label probably isn't spending all that money, but they also own a bigger piece of the copyright, if not all of it, and actually make money from record sales."

      Who is the 'they' in this graf?

    83. Re:But wait.... by theLOUDroom · · Score: 1

      MPAA maybe, but most members of the RIAA just "lend" the artist the money to create and promote their work and then collect it back after they sell records.... If the artist doesn't the artist owes.

      No, it's worse than that. The money is used for advertising and production.
      The actual MUSIC has already been written. It's not as if they give these artists one year's living expenses to write an album.

      The "great" thing is, since all the advertising gets paid for by the artist, they can advertise as much as they want and it doesn't come out of their cut. Given that advertising is always going to increase their sales, economics dictates that they're going to spend the artist's money until the artist makes exactly nothing.

      --
      Life is too short to proofread.
    84. Re:But wait.... by Anonymous Coward · · Score: 0

      "It amazes me how stupid some of the new artists are; they totally fail to prepare themselves for entering into any agreements with the labels, and then blame anyone but themselves later on when the light bulb clicks on and they realize that the contracts, written by the labels, are in the label's favour."

      So your entire post boils down to: "If they try to deceive you and succeed, it is your fault for getting duped, and not their fault for being lying scumbags."

      I disagree with you categorically. Faulting a layperson for not understanding the labyrinthine minutiae of legal contracts written by hordes of lawyers, while letting the lawyers off with no accountability, is ass-backwards.

      "I worked in the music business for years"

      Why isn't that surprising? "I worked in the business of screwing artists for years, and my view is they deserve to get screwed."

      The real villains are those who seek to pervert the legal system to screw over their fellow man.

      We know whose side you're on.

    85. Re:But wait.... by defile · · Score: 1

      If the terms of the contract are going to fuck the artist, they shouldn't sign the contract?

      Does anyone have a good rebuttal?

      Right, I'm sure most garage bands have at least one qualified lawyer or business manager in it right? Most bands have high intelligence and a mature outlook on things right? Most bands aren't 16-25 and filled wiht mostly dumb stoners?

      Dear Investor,

      We would like to interest you in financing this hip new rock group, Dumb Stoned Kids, at a cost of $2,000,000. The money we raise will be used to record their album, design, press, market, and distribute said album, and promote the band.

      Unfortunately, the band is full of retards who are incapable of understanding a binding agreement, so we decided to forego one and put ourselves in a position with no legal recourse in the event that they flake on their responsibilities or abandon us for a different record company. However, their manager did have some reassuring words, such as "dude, chill out" when we voiced our concerns, and that's good enough for us.

      Please send us the money now.

      Sincerely,

      Record Company Executive

    86. Re:But wait.... by defile · · Score: 1

      The only real solution is to take it into your own hands and do your own marketing and PR and everything else that you would normally be paying to the label to do for you.

      I think the fact that so very very few bands become blindingly rich and famous by taking an independent approach completely validates my point. There is not an enormous market of people out there that wants to hear from any one band that much more than a hundred others that will take the sort of crappy record deal.

      Or, stated another way, the music industry isn't an industry that really works on mass-market diversity. The market only tolerates a few new bands a year, the rest fall into niches.

      It's not unlike the software industry. 5% of it is shrinkwrap commodity software, the other 95% of it is custom development. The few shrinkwrap commodity software companies make billions, the tens of thousands of custom development companies make thousands to millions.

    87. Re:But wait.... by Wildfire+Darkstar · · Score: 1

      Because he's a big deal. Seriously. He's a superstar of comic book media, and Marvel gets a lot of mileage out of his name (he's still credited as emeritus publisher on all of their books, for instance). They honestly do not want Stan Lee annoyed with them, if only because it's kind of bad publicity.

      --
      Sean Daugherty "I have walked in Eternity -- and Eternity weeps."
    88. Re:But wait.... by KlomDark · · Score: 1

      Uh, why's it say 'Brett' before the quote from Rudess? Nobody in Dream Theater named Brett so I'm lost. :)

    89. Re:But wait.... by KlomDark · · Score: 1

      Yah, but I'm sure there's a shitty contract somewhere in your past that you signed and got fucked on before you gained your 'wisdom'. Let's hear about that before you slam on others.

      Nobody does the first contract right. Humans by nature are too trusting and get taken advantage of by unethical fuckheads.

    90. Re:But wait.... by TroyFoley · · Score: 1

      I'm just against STUPID musicians that whine and complain.

      Just a heads up: You're two out of three, and I'd need to meet you to see if you're stupid or not.

      --
      After I have received the wisdom of good teaching, I will untiringly teach all people. - The Teachings of Buddha
    91. Re:But wait.... by kurzweilfreak · · Score: 1
      Because I forgot to add the P tag after my name (Brett) in my sig. :P D'oh!

      Who knows, if Jordan ever leaves, maybe he'll let me replace him. He's a good buddy of mine. :)

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    92. Re:But wait.... by 16K+Ram+Pack · · Score: 1
      The problem most bands have is that they're average. And not only that, there are thousands and thousands of average bands, all fighting to get to the top. When you have that situation, market forces dictate that the terms are often going to be poor.

      Personally, I don't like any of the acts that you named but I see that people like Sarah McLachlan and Barenaked Ladies aren't average at what they do.

    93. Re:But wait.... by AviLazar · · Score: 1

      So if assumption is truely the mother of all fuckups - you fucked up. Don't assume you twit, because you are wrong.

      My point was that if this was a corporation sueing some person most of /. would cry foul.

      --

      I mod down so you can mod up. Your welcome.
    94. Re:But wait.... by Zak3056 · · Score: 1

      The loan isn't neccessarily the bad part though, it is how they spend the money like water which causes the problems.

      The record company is lends the artist money which the artist uses to record their albumnm, and the record company further uses for promotion. After all this money is spent, the record company ends up owning the finished product!

      Imagine going to the bank so you could buy a house. The bank gives you a mortgage with a 30 year term. At the end of the term, after you've paid off the house, instead of giving you clear title, the bank instead says "Thanks for the house."

      While the artist truly does enter into these agreements of their own accord, the only possible words I can use to describe the above are "slavery," or at best "indentured servitude."

      --
      What part of "shall not be infringed" is so hard to understand?
    95. Re:But wait.... by SnapShot · · Score: 1
      Actually, your post was about copyright. Here are some choice quotes to help you remember:
      • he is not a corporation ... it is ok that copyright works for him
        This certainly seem to be a reference to copyright in your post.
      • I mean come on, it's on paper, in movies, music it should be free
        The ESL quality of the sentence (my apologies if English really is your second language) makes it hard to tell but your reference to movies and music seems to be a reference, once again, to copyright.
      • it is OLD (since 39 was it?)
        Still badgering on about copyright, huh? This is obviously a reference to the theoretical (pre-"George of the Jungle" Act) expiration of copyrights.

      I hope this has helped you remember your original post. It is my pleasure to be a service to you in your intellectual growth process. Have a great day.

      --
      Waltz, nymph, for quick jigs vex Bud.
    96. Re:But wait.... by AviLazar · · Score: 1

      You read, but you fail to comprehend - not to mention you like to pick and choose statements while ignoring the rest...sort of like muslim terrorists do when they teach their kids that the koran says to kill everyone who is not a muslim...only partly true...partly true is worthless btw.

      English is my second language, but I just don't care to format my statements that carefuly in a public, INFORMAL, forum. Now when it comes to writing sentences that I produce to my clients - rarely will there be a mistake.

      --

      I mod down so you can mod up. Your welcome.
    97. Re:But wait.... by crashfrog · · Score: 1

      The question is ownership, not compensation.

      Copyright doesn't bestow ownership on ideas, because you can't own something that's in a person's head. The public "owns" all ideas.

      Copyright just gives you a limited-time exclusive license to make money off an idea you copyrighted first. The movie buisness argues that if I'm bootlegging Spiderman 3, I'm robbing them of the sale they would have had if I had been forced to buy/rent it instead. I find that logic specious.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    98. Re:But wait.... by ifwm · · Score: 1

      "The public "owns" all ideas."

      Amazingly, the law disagrees. And frankly, so do I. You DO NOT own my ideas, no matter how much you insist you do. They are mine, to use as I see fit. My labor will never go to improve your life unless I want it to. What your opinion is of copyright law is irrelevant. Your opinion of the logic is also not important.

      My point was that compensation had been negotiated, and the suit was to address whether Lee should be paid at all. That is a question of whether he had any rights to the property (ownership) not compensation.

    99. Re:But wait.... by nettdata · · Score: 1

      So your entire post boils down to: "If they try to deceive you and succeed, it is your fault for getting duped, and not their fault for being lying scumbags."


      Try and deceive you?!?!? They put a contract in front of you, and let you READ IT.

      This thing called a contract has words and stuff in it that describes it.

      If they don't understand it, and sign it, then THEY ARE STUPID. If they DO understand it and sign it, then THEY MADE THE BED THEY'RE GOING TO LIE IN, and I have no pity for them.

      You better go drink the cool-aid, and check your tinfoil hat... it might be a little loose.

      --



      $0.02 (CDN)
    100. Re:But wait.... by SnapShot · · Score: 1
      So, let me get this straight, your claim that you managed to convey in your second post is that if a corporation sued an individual then /. (as a general entity subtracting, of course, certain enlightened individuals such as yourself) would cry "foul". I disagree. I will now list some hypothetical situations where a company could sue an individual where /. (minus yourself and a few like-"minded" individuals) would not cry "foul".
      1. AOL sues the "Spam King". General agreement reigns on /..
      2. Google sues link and advertising click-bot user. Probably less universal agreement but the consensus would be on the side of Google.
      3. IBM sues Darl for being an asshat. Certainly most /. readers would be in agreement.
      4. OSDN sues AviLazar for wasting bandwidth with mindless posts. Near universial agreement here.

      My point with this hypothetical list is that most readers of /. (other than yourself) are generally able to 1. read the article and 2. get a idea of what's at stake. When you grow up you'll realize how that works. Good luck. I hope I've been a help in your learning process.
      --
      Waltz, nymph, for quick jigs vex Bud.
    101. Re:But wait.... by AviLazar · · Score: 1

      AOL sues the "Spam King". General agreement reigns on /..
      Google sues link and advertising click-bot user. Probably less universal agreement but the consensus would be on the side of Google.
      IBM sues Darl for being an asshat. Certainly most /. readers would be in agreement.
      OSDN sues AviLazar for wasting bandwidth with mindless posts. Near universial agreement here.

      1. Company sues company. Spammers are the hated organizations of the world. If microsoft sued them we would be happy
      2. Company again sues company
      3. Company again sues company
      4. AviLazar sues Snapshot for attempting to make a valid post.

      Your last paragraph is totally wrong and lets see why:

      1. I am able to read an article (see I can write, thusly I can read.). Now while you are attempting to read that I did not read this article - I did.
      2. You seem to believe you know what and how I think - you do not. Again assumption is the mother of all fuckups - in this case you.

      and your last "point"

      I will quote this "I don't wanna grow up, I'm a Toys R Us Kid.". Or, if you are old enough to remember, "At Lionel Kiddy City turn that frown...upside down."

      --

      I mod down so you can mod up. Your welcome.
    102. Re:But wait.... by crashfrog · · Score: 1

      Amazingly, the law disagrees.

      Then it disagrees with the US Constitution. And frankly, so do you.

      You DO NOT own my ideas, no matter how much you insist you do.

      How can you own something that's in my head?

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    103. Re:But wait.... by Reverend+Joe · · Score: 1

      I ask again, where do you get the idea that anyone is saying anything about **AA IN THIS STORY?

      *big show of sighing*

      Your comment appeared to be about the general reaction of all "slashdorks" to IP laws -- my point was this story is not about an IP law. Saying "it was the grandparents fault" -- doesn't make your comment any less stupid as relates to the issue at hand....

    104. Re:But wait.... by Anonymous Coward · · Score: 0

      You're unapologetically thickheaded. If I were you, I'd tie myself perpendicular to the train tracks.

  4. Where does that put Kirby? by Thornlord · · Score: 2, Interesting

    Wasn't Jack Kirby in a similar situation with Stan many years ago?

    1. Re:Where does that put Kirby? by forceflow2 · · Score: 2, Informative

      Where? Six feet under I do believe. He's dead.

  5. Does that include his voiceover work by ZipR · · Score: 1

    For the cheezy animated Spidey series from years back? Or the made for TV movies?
    I supposed he's a true believer now!
    Somewhere in a NYC bank, his account manager's Spidey Sense is tingling!

  6. Excelsior! by spif · · Score: 1

    Congratulations, Stan. This is long overdue.

    --
    fnord.
    1. Re:Excelsior! by Anonymous Coward · · Score: 0

      Oh no you didn't just say Excelsior.

  7. japanese gentleman and the BLUE LED's by Tepshen · · Score: 1

    There was a similar story a little while ago on /. about the japanese gentleman who got very little out of inventing the blue LED's. several people commented that this wouldnt fly in other countries. I think this goes to show that at least in the USA we belive in giving people thier due for works of genius.

    1. Re:japanese gentleman and the BLUE LED's by catch23 · · Score: 1

      this is a bit different... the japanese gentleman invented blue LEDs at a company he worked at. If I invented something at the company I work for, I would gain no rights to the derived work. The only thing I might get is a larger christmas bonus.

    2. Re:japanese gentleman and the BLUE LED's by Anonymous Coward · · Score: 0

      And just why the hell should you get a bonus at christmas anyway? you are paid to do your job, that is it.

    3. Re:japanese gentleman and the BLUE LED's by swv3752 · · Score: 2, Insightful

      Then you are a fool. Anybody with a brain makes sure thier name is on the patent application. There have been a number of lawsuits over this and invariably the employees win.

      Don't be a sucker. Corps have zero loyalty to you, so don't bother to have loyalty to them.

      --
      Just a Tuna in the Sea of Life
    4. Re:japanese gentleman and the BLUE LED's by Anonymous Coward · · Score: 0
      Duh, well, OF COURSE their name is on the patent application, if the inventor isn't specified the patent application is invalid.


      This has nothing at all to do with ownership however. If you're entitled to a piece of the cake or not depends on your contract with your employer.

    5. Re:japanese gentleman and the BLUE LED's by Anonymous Coward · · Score: 0

      At the pharma I worked at, it was part of one's terms of employement that any patents, etc., will be assigned to the Company.

      Of course, for this to work, the Company has to give you "consideration". So you get a nice shiny plaque with your approved patent application, and most people put the $1 bill in it as well. The Company now owns the patent.

      Maybe if you do something REALLY significant would you maybe get one of several company awards. But you, your department, etc., certainly don't get to lick the bowl, as it were.

  8. Um, not really... by Anonymous Coward · · Score: 0

    Stan Lee is really old, so it's not Stan that gets the money, it's his family. I'm one of his long-lost favorite nephews, so I stand to gain big soon.

    1. Re:Um, not really... by WhiplashII · · Score: 1

      Hey, want to help me build a rocket? All I need is a little cash...

      --
      while (sig==sig) sig=!sig;
  9. The Man by pete-classic · · Score: 5, Funny

    "I am very gratified by the judge's decision, although, since I am deeply fond of Marvel and the people there, I sincerely regret that this situation had to come to this," Lee told the Hollywood Reporter.

    He then shouted, "Excelsior!" and flew away.

  10. A Victory by Staplerh · · Score: 5, Informative

    Good call from the court.

    He filed the lawsuit in November 2002, pointing out a clause in his contract that entitled him to 10 percent of TV, movie and merchandising deals, an amount he thought was significantly higher than the $1 million-per-year salary he currently receives. Marvel tried to find a loophole in the wording.

    Seems like a no-brainer. It was in the contract, Marvel tried to finangle their way out of it, and they failed. Good show, I must say. Good for him for staking out the claim, and calling Marvel on their unethical business practices.

    So, bottom line, everything aside: it was in his contract, so I don't see how Marvel can appeal. They keep their merchandising revenue anyways.

    --
    "There's no success like failure, and failure's no success at all."
    - Bob Dylan
    1. Re:A Victory by Cheirdal · · Score: 1

      I don't know if juries are allowed to award punitive damages in a case like this, but I'd punish the hell out of Marvel for appealing iron clad wording like this if I was on a jury.

    2. Re:A Victory by Anonymous Coward · · Score: 0

      It hasn't been decided yet if Marvel will have to pay Stan Lee a percentage of the merchandising profits. Another upcoming civil trial will commence to determine if the contract Stan Lee had with Marvel also covered merchandising.

    3. Re:A Victory by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      it was in his contract, so I don't see how Marvel can appeal.

      Marvel's argument has been that they made no money on the film. All the money made on the film was spent on production or marketing. All the profits were from merchandising, to which Stan Lee is not entitled a percentage. It is "creative" accounting on their part and hopefully the courts will continue to agree with Mr. Lee in this case.

    4. Re:A Victory by jebell · · Score: 1

      Generally, no. Punitive damages are generally not awarded in breach of contract action absent some kind of fraud or other outrageous behavior on the part of the breaching party.

      --
      This is my sig. There are many like it but this one is mine.
    5. Re:A Victory by Cainjustcain · · Score: 1
      it was in his contract, so I don't see how Marvel can appeal.

      That doesn't make much sense. If no one could appeal a judgment just because something was in a contract don't you think we'd have a lot fewer contract disputes? Contracts is it's own class in law school just to address the numerous arguments that arise over contracted terms

      Marvel's lawyers are probably drafting the appeal as I type.

    6. Re:A Victory by Staplerh · · Score: 1

      Good call. More accurately then, I suppose my quip should be changed to:

      "It was in his contract, so I don't see how Marvel can appeal [and have a chance of winning]."

      And yes, I have no doubt that Marvel will appeal this as much as they can - especially if they're in dire financial straits, as many of the other posters in this thread have indicated.

      --
      "There's no success like failure, and failure's no success at all."
      - Bob Dylan
    7. Re:A Victory by hcduvall · · Score: 1

      Whats ironic is the lengths (namely, their own lawsuit) that Marvel had to go to get a piece of the action of the first Spider-Man movie. They sued Sony for it- mind you, since then they've been a lot smarter/had better lawyers and there's more money going their way from the films that followed, even dreck like Daredevil.

    8. Re:A Victory by Wraithlyn · · Score: 2, Insightful

      According to the article, he IS entitled to a cut of merchandise deals though?

      "He filed the lawsuit in November 2002, pointing out a clause in his contract that entitled him to 10 percent of TV, movie and merchandising deals"

      Even so, according to IMDB, total wordwide box office receipts for Spidey 1 & 2 (which are both in the top 15 grossers of all time) is approx 1.6 billion. Must take some kinda nerve to try and claim they made no profit on that.

      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
    9. Re:A Victory by Lumpy · · Score: 2, Informative

      note: there havs NEVER been a film that has made money.

      This is normal hollywood accounting. That scam has been going for almost 100 years now, but is very well known to those of us in the industry.

      if you sign a movie deal ALWAYS ask for Gross points and never EVER accept NET points.

      Points are percent of the money. Gross = percent of the gross it takes in, Net = percent of net profit, there NEVER is any net profit.

      I know personally 2 writers that were promised 10 and 20 percent NET. they both recieved NOTHING for their script except the initial $1000.00 option. also they did not get their name on screen because the studio had another writer rewrite some of the script to change it a bit, the rewriter got his name on screen as writer for writing 10% of the story.

      There is nothing nobile and honest in Hollywood.

      --
      Do not look at laser with remaining good eye.
    10. Re:A Victory by Coryoth · · Score: 1

      Marvel's argument has been that they made no money on the film. All the money made on the film was spent on production or marketing.

      Actually its even more cunning than that. Take a read of how studio accounting actually works. It's an endless array of scams to make sure the end result is that practically no film ever makes a profit... for accounting purposes anyway.

      An example, from the link, is how they organise accounting of profits from Video (which includes DVD these days). In the old days when video was new independent video distributors payed a flat 20% of revenue to the studio for the right to produce market and sell the videos. Now the studios all have their own video distributors, and the video marketing is simply an arm of the studios full marketing division. Oddly, for accounting purposes the "profits" the studio makes from all video and DVD sales is still recorded as a flat 20% of video revenue. Whatever profits the independent distributors used to make while paying 20% to the studio (probably more because the studio already has marketing etc. integrated in) now happily goes to the studio as profit that never gets recorded in the official net return for the film!.

      Such accounting tricks (or flat fraud if you're honest) is carried out in all manner of diffeent areas nibbling more and more off the final "profit" earned by the film till it amounts to a net loss. Read the link. It's frightening.

      Jedidiah.

    11. Re:A Victory by DeepHurtn! · · Score: 1

      When have corporations lacked nerve? It is common practice for many corporations, not only those in the entertainment business, to use creative accounting to make it look like they're only breaking even (they pay taxes on profit, not revenue).

    12. Re:A Victory by Anonymous Coward · · Score: 0

      There is nothing nobile and honest in Hollywood.

      Hmm... you either mean "nubile" or "noble"--and I'll admit I'm a bit worried if it's the former.

    13. Re:A Victory by dubl-u · · Score: 1

      Even so, according to IMDB, total wordwide box office receipts for Spidey 1 & 2 (which are both in the top 15 grossers of all time) is approx 1.6 billion. Must take some kinda nerve to try and claim they made no profit on that.

      That's an excellent point. Kids, don't try this at home. It take a trained professional asshole to lie that brazenly.

    14. Re:A Victory by Anonymous Coward · · Score: 0

      This is normal hollywood accounting. That scam has been going for almost 100 years now, but is very well known to those of us in the industry.

      So the moral of this story is that when the MPAA starts whining about the awful pirates, you should take a moment to remember who the real pirates are.

  11. whither Ditko? by spoonyfork · · Score: 4, Interesting

    What about the co-creator, Steve Ditko? Where's his payday?

    --
    Speak truth to power.
    1. Re:whither Ditko? by Fnkmaster · · Score: 1

      Guess he didn't negotiate a contract entitling him to 10% of movie-related profits. I gather Stan Lee, in addition to being a creative guy, is probably a saavy businessman.

    2. Re:whither Ditko? by Anonymous Coward · · Score: 0

      ... At the same time you can't second-guess business decisions from 1963. Comic book artists weren't the geek celebrities they are now, they worked "for hire" and were lucky to have a chance to do that. An artist who demanded a cut of future profits would certainly have been shown the door. I don't know anything about Lee's contract- but it's certainly not the norm (and it may well have been re-negotiated a decade later, when he was firmly in control of Marvel.)

      Now, Lee had the power later on to kick back Kirby and Ditko and the others retroactive deals compensating them for the part they played in creating Marvel... And it's a crying shame he didn't do it.

  12. In a future Simpson's episode by Anonymous Coward · · Score: 2, Insightful

    Stan Lee: "You don't want a Batman toy. You want something more dignified. Like this big wad of money."
    Boy: "Ahh, but only Batman can fit in my Batmobile."
    Stan Lee: "This big wad of money can fit too."
    (breaks the car by forcing in big wad of money.)
    Stan Lee: "See? It's fitting already."
    Boy: "Ahh, you broke my Batmobile."
    Stan Lee: "Broke? Or made it better?"

    1. Re:In a future Simpson's episode by Anonymous Coward · · Score: 0

      And everybody says: stooopid !

      Seriously, how old are you ? Better read some books on humour before posting crap like that man!

  13. Hollywood Accounting to Marvel's Rescue by ackthpt · · Score: 1
    "After expenses, actionables, depreciation, distribution, promotion, etc., etc., etc. you owe US $3487.02, we accept checks, cash and most credit cards."

    Interesting that years back Marvel was on the verge of bankruptcy. This may put them there again.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Hollywood Accounting to Marvel's Rescue by William_Lee · · Score: 1, Informative

      Actually Marvel did go bankrupt, and the rights to all their stuff was bought by another company that has risen from the ashes as what we're calling Marvel Enterprises today.

  14. 10% of Profits? Relying on their accounting? by belrick · · Score: 5, Insightful

    He'd better invest in some auditing. You know the studios will cook the books with all sorts of extra "fees" for stuff that has no value, reducing the bottom line.

    Just like record production companies hire all sorts of expensive behind the scenes "help", reducing the amount of profit that is applied against the artist's advance.

  15. Intelectual property? by snoyberg · · Score: 1

    Just a little question: Does the idea of "Spiderman" count as intellectual property? Or does that theory not cross over into comic book ideas?

    I know intuitively it feels that you should be able to get paid back for an idea like Spiderman, and that you shouldn't be able to patent something like "The Desktop," but can anyone draw a line in the sand on this?

    --
    Thank God for evolution.
    1. Re:Intelectual property? by spif · · Score: 2, Informative

      I'm no expert, but I think the character Spider-Man is protected by a trademark, and a movie like "Spider-Man" is protected by copyright, whereas something like a desktop metaphor for a computer interface would be covered by a patent.

      COPYRIGHT vs. TRADEMARK vs. PATENT

      I think the issue here is that Stan Lee had a contract with Marvel which entitled him to 10% of profits from TV, movie and merchandising deals (at least involving characters he created - not sure about others). Marvel tried to say that the contract didn't really say that, Stan disagreed and sued, and he won.

      --
      fnord.
    2. Re:Intelectual property? by AviLazar · · Score: 1

      And whats the difference if a software company has a contract with the end user? (via EULA's which have been and are enforceable)

      --

      I mod down so you can mod up. Your welcome.
  16. Kirby by Junior+J.+Junior+III · · Score: 2, Interesting

    So when does Kirby's widow get her cut?

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:Kirby by JLyle · · Score: 1

      Ditto for Steve Ditko (as another poster has noted) and probably countless others. Don't get me wrong, I'm glad that Stan the Man's getting his due, but he's not quite the tragic hero that he sometimes portrays himself to be (see e.g. Tales to Astonish: Jack Kirby, Stan Lee and the American Comic Book Revolution by Ronin Ro).

    2. Re:Kirby by Anonymous Coward · · Score: 0

      Roz Kirby died in December of 1997. I do seem to remember they had four children though.

  17. Warning: Hollywood Contracts by Alien54 · · Score: 3, Informative
    are infamous for giving people percentages of the Net Profit, not the Gross Profit. Hollywood book-keeping is infamous for frittering away money in all kinds of obscure "expenses", so that there is never anything leftover from the Gross for the Gross Profit. In fact, if there is anything left over, it is usually by mistake, since it is the net profit that is taxed.

    So I hope that Stan Lee gets his cut from the gross take, and nothing else.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Warning: Hollywood Contracts by AndroidCat · · Score: 1

      Fatal Subtraction is a good look at Hollyweird math.

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Warning: Hollywood Contracts by pipingguy · · Score: 1


      This is also true in other industries. A good idea unprotected often tends to fall victim to the vampires/corporate momentum/lowest common denominator/baser instincts phenomenon.

      Your idea may be great, but the people you end up trusting to implement it may not be.

      Going off on a tangent, this is what annoys me so much about those "inventor assistance" companies that advertise sometimes on TV. You pay for their generic info and then if suckered, end up disclosing the idea (after paying again, of course).

      I called in response to one of these TV ads once inquiring about details (just to see what was up) and after persistent questioning was told, "we are just the marketing firm, we don't know anything about the company advertised. If you don't stop annoying us we will take legal action against you".

      Sounds familiar somehow.

    3. Re:Warning: Hollywood Contracts by rilian4 · · Score: 1
      "...we are just the marketing firm, we don't know anything about the company advertised...
      How in bloody hell can they market something they know nothing about? What kind of snow job is this?
      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    4. Re:Warning: Hollywood Contracts by BathTub · · Score: 1

      Yeah some of the films which didn't make a 'profit' are:
      Forrest Gump
      Schindlers list

      In both cases Winston Groom and the Schindler Foundation took the studios to court, but I didn't hear the results.

    5. Re:Warning: Hollywood Contracts by Wemblee · · Score: 1

      You have got to be joking right? Do you comprehend the fact that had it not been for Stan Lee that there would be no Spiderman, let alone more than half the other comic book characters for Marvel?!?! More so think of this "they" would have never made any money off anything pertaining to Stan Lee's creations had he not been about. So 10%, out gross pay, isn't asking much when you are the guy who put decades of work behind a lot of his characters and believe me he has a lot of characters.

  18. Stan Lee's newest hero: Lawyer man by FerretFrottage · · Score: 4, Funny

    Lawyer Man, Lawyer Man
    Get's the biggest settlement that he can
    Sues a company, any size
    Get's cash and a a new ride
    Look out, here comes the Lawyer Man

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
    1. Re:Stan Lee's newest hero: Lawyer man by Antonymous+Flower · · Score: 1

      I'm sure you owe somebody for that one.

    2. Re:Stan Lee's newest hero: Lawyer man by Anonymous Coward · · Score: 0

      Yikes! Any more of that stuff, and I'M gonna start climbing walls. 'Nuff said.

    3. Re:Stan Lee's newest hero: Lawyer man by MoosePhysh · · Score: 1

      Does this perhaps infringe upon the territory of Dare Devil? Granted, he wasn't really a jerk.

    4. Re:Stan Lee's newest hero: Lawyer man by alan_dershowitz · · Score: 1

      The name's Spiderman...Joel Spiderman, attorney at law.

    5. Re:Stan Lee's newest hero: Lawyer man by Anonymous Coward · · Score: 0

      "Lawyer Man, Lawyer Man
      Get's the biggest settlement that he can
      Sues a company, any size
      Get's cash and a a new ride
      Look out, here comes the Lawyer Man"

      Obviously you are unfamiliar with one of Stan Lee's other creations...Daredevil, the Man without Fear... By day, he is the blind attorney Matt Murdoch. By night, he is Daredevil. Perhaps Murdoch helped a tad bit with this lawsuit. It looks to me like Wilson Fisk is running Marvel Enterprises these days...

    6. Re:Stan Lee's newest hero: Lawyer man by bbc · · Score: 1

      Why would you want to be a superhero by night when you can screw millions out of their earnings by day? What a loser!

  19. What's the saying about actor contracts? by Speare · · Score: 5, Insightful

    Never ask for points on the profits. No movie has ever made a profit.

    Of course movies make profits. But where those profits are buried in the accountancy, nobody will fess up lightly. I hope Stan Lee has an ironclad judgement that can't be wiggled out with some fancy bookwork.

    --
    [ .sig file not found ]
    1. Re:What's the saying about actor contracts? by Anonymous Coward · · Score: 0

      What you're basically saying is that any such contract you sign, where you expect to get paid, must have a clause that specifies that you are an expense like all the others. Since the studio plays the game of stuffing "expenses" and "costs" into the budget to suck up the profit, you'll be covered when it's time to get your cha-ching.

    2. Re:What's the saying about actor contracts? by Khomar · · Score: 1

      From the article

      ...considering Marvel has banked $50 million alone (from SpiderMan)...

      Stan Lee gets 10% of the profit Marvel makes from selling the rights to his creations, not profits of the movies themselves. So he doesn't have to worry about the movie-making accounting. The question would be if Marvel can play tricks to reduce their reported profits. Of course, for past films, these figures have already been reported and cannot now be changed.

      --

      I believe in de-evolution. God made the world perfect, man fell, and its been going downhill ever since!

    3. Re:What's the saying about actor contracts? by sjvn · · Score: 1

      The rule of thumb in the biz is never settle for points on the net, you'll never see a net dime. Percentages of the gross is what you want.

      Steven

    4. Re:What's the saying about actor contracts? by Fnkmaster · · Score: 1

      Are you suggesting this is unique to the movie business? This is a rule of thumb in business in general - when you are dealing with any entity outside of your own company, you always want points on gross, because you have no control over how net is calculated and they will show you bullshit figures.

      This rule doesn't usually apply for internal compensation deals, however, where the presumption is a personal relationship with the people who control calculating of profits. Certain types of companies, like small consulting shops, money management firms, etc. split up a bonus pool as a percentage of profits, and you usually trust that your own accounting people aren't feeding you bullshit (hopefully).

      In any case, in this situation, it seems pretty clear that the royalty payments should be essentially pure profit, since Marvel didn't produce or market the movie itself. Trying to argue otherwise is a load of horseshit.

    5. Re:What's the saying about actor contracts? by RedWizzard · · Score: 1
      Never ask for points on the profits. No movie has ever made a profit.

      Of course movies make profits. But where those profits are buried in the accountancy, nobody will fess up lightly. I hope Stan Lee has an ironclad judgement that can't be wiggled out with some fancy bookwork.

      The key words are "profits earned by Marvel". Not the profits of the production (which, as you say, are probably non-existent). Marvel won't be able to conceal the revenue they received for these films.
    6. Re:What's the saying about actor contracts? by RubberDogBone · · Score: 1

      Marvel has reported these profits in fair detail in previously filed SEC reports.

      Looks like they have two choices:

      If they try to evade Stan by now saying they made no money, then they're gonna have to restate earnings going back four or five years which will cause the SEC to clobber them, and Marvel stock will tank.

      Or they can write the man a damn check and be done with it.

      Make no mistake: they will try to appeal and appeal and appeal until they win, the judgement is set aside, or Stan dies. I do not expect he will get a penny while he is alive.

      --
      Sig for hire.
    7. Re:What's the saying about actor contracts? by RedWizzard · · Score: 1
      Make no mistake: they will try to appeal and appeal and appeal until they win, the judgement is set aside, or Stan dies. I do not expect he will get a penny while he is alive.
      Yes. The article talked about Marvel making $50M from Spiderman alone. They might have got $125-200M in total so far (maybe more). If they now owe Stan Lee $10-$20M, they'll be spending millions on lawyers to avoid paying that debt.
  20. "Slashdot , what was on fark.com yesterday" by funkdid · · Score: 1
    I read both /. and fark for the last month or so more and more stories are taken from yesterday's fark. Perhaps the admins should read fark and post the stories as fark does, this way some newbie doesn't get credit, and we get up to date news.

    Just a thought.

    --

    I boycott signatures

    1. Re:"Slashdot , what was on fark.com yesterday" by djroute66 · · Score: 2, Insightful

      That's not the problem. The problem is story submissions take forever to make it through.

      Slashdot needs a new system, quick. Stories should be moderated too, that way you don't need one of the editors to pass the submission. The slashdot subscribers can see the unmoderated submissions, and after a story gets good enough moderation than it could be read by unsubscribed users. Fark does something similar.

    2. Re:"Slashdot , what was on fark.com yesterday" by funkdid · · Score: 1

      Ahhhhh, that would work nice, but can it be incorporated into the slash code?

      --

      I boycott signatures

    3. Re:"Slashdot , what was on fark.com yesterday" by Anonymous Coward · · Score: 0

      Ahhhhh, that would work nice, but can it be incorporated into the slash code?

      Of course it can. Will it be? No.

    4. Re:"Slashdot , what was on fark.com yesterday" by ari_j · · Score: 1

      That won't work. Would you really pay money to see almost exclusively the crappiest article submissions? I mean, it's a really good business model (people paying to do your job for you), but I can't see it resulting in a lot of subscription renewals.

    5. Re:"Slashdot , what was on fark.com yesterday" by djroute66 · · Score: 1

      TotalFark (the fark.com subscription) seems to do pretty well with this model.

  21. Obligatory comic quote by Spy+der+Mann · · Score: 2, Funny

    With a great Power... come$ a great re$pon$ibility.

    1. Re:Obligatory comic quote by Anonymous Coward · · Score: 0

      More like "With a great lawyer comes great profitability."

  22. Marvel is dumb by Anonymous Coward · · Score: 0

    This quote is just wrong!!

    "Marvel reps say they plan to appeal the decision"

    They owe so much to this man and to stab him in the back is awful.

  23. RTFA by brunes69 · · Score: 1

    None os this has anything to do with "giving a man his due".

    If Stan Lee was just a normal guy, paid to do a 9-5 job, and came up with some invention on company time, told his boss to get brownie points, and they never gave him any money, then screw him. He was doing a job he was paid for. I certainly do not sympathize with these whiny babies at all - I certainly do not expect a huge portion of the company's profits for the software I write.

    The article clearly states that Lee had a clause ***in his contract*** that said he gets 10 percent. The very fact that Marvel fought him on this is immoral IMO. The contract says what it says - pay up Marvel.

    1. Re:RTFA by Tepshen · · Score: 1

      I did RTFA this contract was done 4 years ago for characters he created how many decades ago? Stan Lee deserves every penny for these Stories he created. If your a janitor then yeah 9-5 hourly wage is to be expected. but if your a genius that provides an industry wide breakthrough I dont care who you work for you deserve a cut.

  24. Profits != Net by cheinonen · · Score: 1

    Movie Studios are very, very good at hiding profits. Most people that have earned it, get a percentage of the gross, as getting a percentage of net profits can wind up being nothing. Winston Groom, who wrote Forrest Gump, was promised 5% of the net profits, if I recall correctly, and wound up getting almost nothing since Fox said the picture made no money in theaters (despite taking in around $300 million in the USA alone). So, he might have won in court, but with some creative accounting, he might not make too much money in the end.

    1. Re:Profits != Net by afidel · · Score: 1

      The contract is with Marvel, not the movie studios. They got their money already from the movie studios so all the accounting trickery in the world isn't going to hide it now. I'm sure they will try to do something with future deals to minimize the exposure to this judgement but for an 82 year old man he's going to have more money than he can likely spend in the remainder of his lifetime.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:Profits != Net by UWC · · Score: 1
      ...but for an 82 year old man he's going to have more money than he can likely spend in the remainder of his lifetime.

      Depends on how much Stark Industries charges for an Iron Man suit.

    3. Re:Profits != Net by Wizarth · · Score: 1

      I read that title as "Profits != .Net", and I thought, maybe Microsoft will drop development of .NET now.

  25. Good by stratjakt · · Score: 3, Insightful

    But Marvel will appeal.

    The whole point here is to try and run-out-the-clock on Stan Lee. The guys in his 80s. They're hoping he'll just go ahead and die before they have to pay. If he did die, does Marvel then owe Lee's children (does he have any?)

    Insurance companies view this as a legit business practice. They'll often sit on someone's benefits, and make them jump through as many legal hoops as possible, if they know they have a terminal disease, or are otherwise close to death.

    At any rate, we can all agree that Spiderman sucks.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:Good by Anita+Coney · · Score: 1

      Any money owed to him will go to his estate. The money would go to whoever was supposed to get it under the will.

      If by some strange chance, Lee doesn't have a will, it would go to his children. If he had no children the law would follow its course. First it'd go to his parents, but since their obviously dead, it'd go to their kids (i.e., Stan's brothers and sisters.) If they're dead, it'd got to Stan's nieces and nephews. If they're dead, it'd go to their sons and daughters. If there is no one at all in that lineage. The law would go back to Lee's grand parents and start a new lineage all over again. This gets repeated until a person is found.

      Of course his estate would have as much incentive to fight the appeal as Lee would. However, it might lack the emotional attachment which might make settlement easier.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Good by Anonymous Coward · · Score: 0

      of course his estate would be owed the money, if not all **AA would do is make a movie/record, kill the people involved and pay no one.

      1) find joe normal with great story / music
      2) produce movie / record
      3) dupe public into paying for it
      4) ???
      5) profit

      we now no what 4 is, it is terminate with extreme prejudice the source of the story / music

    3. Re:Good by stratjakt · · Score: 1

      Ok, but say it's still not finally settled by the time he dies. He doesn't have the money, or even an actual judgement yet. Say that it's still all in litigation.

      What exactly happens when a plantiff dies during a case he's about to win? Does the case get dropped? Can his lawyer continue the case on behalf of his estate? What generally happens, what happens if there are no living relatives, and the state takes over his estate?

      Sort of offtopic, but I'm wondering if any lawyers know what the deal is in a case like this, because I've always wondered?

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:Good by Anonymous Coward · · Score: 0

      That means I can at any time be informed of a long lost relative which will supply me with glorious riches? Now I'm really not going to go try to find a job.

    5. Re:Good by Himring · · Score: 1

      This guy knows nothing about probate law and he put down spiderman. Please mode the parent down....

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    6. Re:Good by stratjakt · · Score: 1

      I know from TV sitcoms, this happens all the time.

      Generally the inheritance is conditional upon spending the night in a haunted castle or mansion with three friends and a talking dog. It's known in legal circles as "Scoobus Doobus"

      --
      I don't need no instructions to know how to rock!!!!
    7. Re:Good by swv3752 · · Score: 1

      It is called an estate. And Judges often frown on this practice. Regardless what happens to Stan, Marvel will bleed.

      --
      Just a Tuna in the Sea of Life
    8. Re:Good by Anita+Coney · · Score: 1

      A probate court would appoint someone to be in charge of Lee's estate. That person would carry on the lawsuit as "The Estate of Stan Lee v Marvel." If there were absolutely no known family members, the court would appoint an attorney to act as the estate's representative, because even if no family or heir is found, the state would end up the money.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    9. Re:Good by Anita+Coney · · Score: 1

      BTW, the lawyer who's handling the lawsuit against Marvel would NOT be the attorney handling the estate. First, they are different types of law. Second, there would be a HUGE conflict of interest.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    10. Re:Good by stratjakt · · Score: 1

      Unless the estate (whoever that is) decides it's easier to settle for a quick million bucks now, because he/she's not emotionally attached to the fight.

      It's still cheaper for Marvel to go that route in the long run. Hell, they may even have a deal ready to go with whomever survives Stan.

      I don't know the details of this case. I just know there's a million and one ways for corporations to get out of paying their debts. Filing bankruptcy, selling the Marvel name and all IP to another company (owned by the same guys), and gee there's just not enough profit to pay Stan.

      --
      I don't need no instructions to know how to rock!!!!
    11. Re:Good by Anonymous Coward · · Score: 0

      The lawsuit was filed on behalf of Stan Lee Inc., not Stan Lee the person. The case will go on even if there's a death of the company's largest stockholder.

    12. Re:Good by Anita+Coney · · Score: 1

      Gee, I didn't even consider that possibility. The article I read made no mention of it. You're right. Corporations certainly survive death.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    13. Re:Good by Dusabre · · Score: 1

      They'll owe his children. Or his dog if he leaves it his money in his will.

      Sheez. How can something as simple as the idea that both debt and assets percolate down the generations be misunderstood.

  26. Batman.. by ackthpt · · Score: 1
    Stan Lee: "You don't want a Batman toy. You want something more dignified. Like this big wad of money."

    Batman is DC.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Batman.. by Anonymous Coward · · Score: 1, Insightful


      Which is why Stan Lee (former head of Marvel) would be breaking a child's batmobile.....

    2. Re:Batman.. by Anonymous Coward · · Score: 0

      No shit, sherlock. That's why Stan Lee is breaking the toy. Sheesh. Stupid, stupid, stupid.

  27. Don't make me... by ZiZ · · Score: 5, Funny

    You're making me Ang Lee. You wouldn't like me when I'm Ang Lee.

    --
    This flies in the face of science.
  28. Timmy [timmyshow@hotmail.com] likes Spiderman! by Anonymous Coward · · Score: 0

    Go Stan "the man" Lee

    timmyshow@hotmail.com

  29. Stan Lee Rules! by Anonymous Coward · · Score: 0

    'Nuff said.

    Excelsior!

  30. Steve Ditko by MsGeek · · Score: 1, Redundant
    What about his heirs? Steve Ditko is the true creator of Spiderman. Kirby's heirs will be due big time for The Fantastic Four, however. Stan Lee has some settling up he needs to do with the families of the real creators he screwed during the '60s.

    For the real story:
    http://www.ditko.comics.org/ditko.html

    --
    Knowledge is power. Knowledge shared is power multiplied.
    1. Re:Steve Ditko by Nemo+Black · · Score: 1

      You are so right! It's true that Stan Lee was involved in creating FF, Spidey, and many other Marvel titles, but Jack Kirby and Steve Ditko were the true forces behind many of the Marvel titles from the 60's.

      I sincerely hope that Mr. Lee remembers that and shares at least a token ammount of the settlement with the families of Ditko and Kirby.

    2. Re:Steve Ditko by mankey+wanker · · Score: 1

      Uh - you're kidding right? Stan Lee does nothing but hog almost all the glory all the time. Only occasionally will he give a nod to Kirby and Ditko.

      And if you know about the "Marvel method" - that method for Lee was usually discussing (co-authoring) a story idea with Kirby or Ditko, having the artists fully flesh out the story, break down the panels, and approximate the dialogue, and then and only then would Lee actually dialogue and caption the book. In the main, it could easily be argued and generally proved that 90% of the creative work was done by the artists and not by Stan Lee.

      Yeah, Lee is a creative genius - not. Stan Lee was merely the relative of the publisher. It's good to have friends in high places.

    3. Re:Steve Ditko by Anonymous Coward · · Score: 0

      Kirby's heirs will be due big time for The Fantastic Four

      big time embarrassment maybe

    4. Re:Steve Ditko by CrimsonAvenger · · Score: 1
      Steve Ditko is the true creator of Spiderman

      Did you actually follow the link you posted? Even it concedes that Spider-man was "half Stan Lee". It also mentions that the scripts were the Stan Lee contribution - Ditko did the artwork.

      It is extremely unlikely that Steve Ditko had a contract quite as generous as Stan Lee's, so it is extremely unlikely that Steve Ditko should get any of the money mentioned (that's Stan Lee's share of the pie, regardless of the money due to anyone else).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    5. Re:Steve Ditko by r3b00tm0nk3y · · Score: 1

      One of the best signs I ever saw in a comic shop was:

      Stan Lee, a creative genius or the Forest Gump of comics?

      --
      This sig is alpha and shouldn't be viewed on production machines
    6. Re:Steve Ditko by akahige · · Score: 4, Interesting

      Yeah, Lee is a creative genius - not. Stan Lee was merely the relative of the publisher. It's good to have friends in high places.

      The most obvious proof of this is a superficial glance at his career. When he's working with people like Ditko and Kirby, he's nothing short of a genius. On the other hand, when he "creates" on his own, he comes up with... "She-Hulk" (or Stripperella). Few people ever bother to make that correlation.

      I worked on a project a few years ago that was nominated for an Eisner. We were a complete longshot, since the publishing run was smaller than the voting body, but someone asked if what we'd say if we won. My suggestion that "it's an honor to accept an award from one of the few people to have emerged from the Golden Age of Comics without Stan Lee's cock in their ass" struck them as being a tad excessive. But it would have been a nice sentiment.

      Now Will's left the building. Kirby's gone. Ditko's gone off the deepend. And we're left left with Stan.

      Sigh...

    7. Re:Steve Ditko by Nemo+Black · · Score: 1

      I think you might be taking my original posting out of context. I was not praising Lee, but instead I was agreeing with the original posting in this thread about Steve Ditko being the creator of Spiderman.

      I've always felt that Lee took way too much credit for the work of others. I certainly hope Mr. Lee will share something from the settlement with the families of Ditko and Kirby.

      I will say though, that this case does strike a blow in the favour of artists getting their due. It's a shame Ditko and Kirby didn't get theirs.

    8. Re:Steve Ditko by Anonymous Coward · · Score: 0

      Scripts? What scripts?

      This is not how Stan Lee worked. This was not the "Marvel Method".

      Stan Lee would get with the artist and they would hash out the story. Thus the artist was a co-plotter with Stan. (and as time went on with both Kirby & Ditko they provided more and more of the story).

      Once the turned in the artwork, Stan would then do the dialog.

      This has been covered in several interviews in the last few years. In fact with Ditko, during the end of his run, he was doing more of the plotting, and when he got pissed at Stan, wasn't giving him plot info so he could do the dialogue.

      Do not mistake the method that Marvel/Stan Lee used with people like Alan Moore or Warren Ellis (to name a couple) who provide to the artist a DETAILED script with panel breakdowns & descriptions (to the point that Moore would give info on graffiti he wanted).

      Michael Brown

    9. Re:Steve Ditko by akahige · · Score: 1

      I will say though, that this case does strike a blow in the favour of artists getting their due.

      No, actually, it doesn't. The only thing this case has anything to do with is the terms and validity of Lee's contract with Marvel. Two parties had a contract, it said X; Stan didn't feel like Marvel lived up to the terms of said contract, so he sued them -- and won. No different than SCO's ongoing spat with IBM.

      It's got nothing to do with "doing the right thing" by the artist(s), and Stan has never -- at any time -- shown even the slightest concern for doing the right thing by anyone other than himself. (Witness his constantly poaching all the credit for other people's work.)

      Ditko and Kirby had no such contracts -- and as such, they'll never see a dime. Superman has made DC hundreds of millions of dollars over the years, but Siegel and Shuster died broke.

      I was stunned when I saw Ditko's creator credit on Spider-Man. I understand that Sam Raimi absolutely insisted on it.

      Did Kirby get a credit on X-Men? Nope. Apparently, Stan created that one all on his own.

  31. Finally! by Mad_Rain · · Score: 1

    Now Stan Lee can spend his money to develop what he always wanted - an underground lair to fight crime from, complete with cool car, neat gadgets, and a butler to watch out for him.

    Oh. Wait. Maybe that's someone else.

    --
    "What do you think?" "I think 'What, do you think?!'"
    1. Re:Finally! by Anonymous Coward · · Score: 0

      "Now Stan Lee can spend his money to develop what he always wanted - an underground lair to fight crime from, complete with cool car, neat gadgets, and a butler to watch out for him.

      Oh. Wait. Maybe that's someone else."

      Funny. Had you watched the interview DVD with Stan Lee with Kevin Smith conducting the interview, you would've learned that Stan Lee and Bob Kane (the creator of Batman) were good friends who often went out to lunch...

  32. Re:10% of Profits? Relying on their accounting? by MightyMartian · · Score: 1

    > Just like record production companies hire all
    > sorts of expensive behind the scenes "help",
    > reducing the amount of profit that is applied
    > against the artist's advance.

    But that's okay, because the record companies are saving the artists from evil P2P pirates. Nothing big pirates hate more than little pirates squeezing in on their business.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  33. What about Kirby, Ditko et al? by TekkaDon · · Score: 1

    Their heirs should get what is due as well. After all, they actually visualize all the bloody characters in the first place.

    1. Re:What about Kirby, Ditko et al? by Anonymous Coward · · Score: 0

      Their heirs should get what is due as well. After all, they actually visualize all the bloody characters in the first place.

      Why? Did they have contracts in place that entitled them to a percentage of the profits?

      Who is going to give up their $$ just so we can all have a feel good Halmark movie if the week moment?

    2. Re:What about Kirby, Ditko et al? by Anonymous Coward · · Score: 0

      Their heirs visualized what?
      Oh, I get it. They should get free money for someone else's labors. Gotcha.

  34. Ironic??? by Anonymous Coward · · Score: 0

    So, we can't, even for a short period of time, watch or download or do anything with content that we don't own (even share once purchased), but the person who created so many of the MPAA's topics for their BILLIONS has a problem getting money out of them for what he invented? They(MPAA)'re all going to burn and I'm going to laugh.

  35. Iron Man by Jay+will · · Score: 1, Funny

    A big-screen version of another Marvel favorite, Iron Man, is also in the works. Will they get Ozzy to play Iron Man? Heavy boots of lead Fills his victims full of dread Running as fast as they can Iron man lives again!

  36. Oblig simpsons by Anonymous Coward · · Score: 0

    Stan Lee: "You don't want a Batman toy. You want something more dignified. Like The Thing."
    Boy: "Ahh, but only Batman can fit in my Batmobile."
    Stan Lee: "The Thing can fit too."
    (breaks the car by forcing in The Thing figure.)
    Stan Lee: "See? He's fitting already."
    Boy: "Ahh, you broke my Batmobile."
    Stan Lee: "Broke? Or made it better?"
    (hums theme from Spider-Man while putting Marvel comics over DC comics on the rack.)

    "I just wish you had the power to leave my store." - Comic Book Guy

    1. Re:Oblig simpsons by echocharlie · · Score: 1

      I loved that scene. Can't seem to remember which episode it's in though. Exelcior!

  37. Estate by csmacd · · Score: 1

    I would think that any settlements would go into his estate, and be disbursed according to the will.

    --
    Don't pick up the pho*(@)$*@&@!@ NO CARRIER
  38. You think. by jd · · Score: 1

    What if someone has been using voodoo to turn him into a Zombie? Besides, other dead guys (like Elvis) appear in supermarkets all the time.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:You think. by forceflow2 · · Score: 1

      Yeah, but Elvis's only good re-appearance was to stop a mummy.

  39. BBC Article by drunken+dash · · Score: 1

    the BBC article can be found here

    --
    Enjoy an e-piphany
  40. Re:Stan Lee's newest hero: Lawyer man (REMIX) by Anonymous Coward · · Score: 0

    Lawyer Man, Lawyer Man
    Get's the biggest settlement that he can
    Sues a company, any size
    Get's his cash, he's bonafide
    Look out, here comes the Lawyer Man

  41. Re:10% of Profits? Relying on their accounting? by ancientreader · · Score: 1

    This is why actors/producers/writers should demand percentages of gross sales, not profits. You see the sales numbers publicly released, while profits aren't. The sales numbers are verifiable.

  42. And in other news.... by digitalgimpus · · Score: 1

    Stan Lee sues the simpsons... says Comic Book Guy is offensive to "guys like Stan Lee". ... worst joke _ever_

    1. Re:And in other news.... by Anonymous Coward · · Score: 0

      > Stan Lee sues the simpsons... says Comic Book Guy is offensive to "guys like Stan Lee". ... worst joke _ever_

      He's almost certainly been _on_ the Simpsons. He's actually a pretty self-deprecating character, sort of a wild-eyed eccentric yet crusty old man at the same time. Loves to shout out things like "great scott!" (or I forget, what was his trademark line?). The comic book guy isn't very much like him at all, and isn't meant to be like him, more like a segment of the fans of his work.

    2. Re:And in other news.... by Anonymous Coward · · Score: 0

      He did a cameo hanging around the Comic Book Guy's store. CBG says to Lee at one point, "If only you had the power to leave my store!"

  43. In other news... by revery · · Score: 4, Funny

    An observant reader writes in suggesting that perhaps Marvel is correct about not paying Stan Lee his 10% citing Issue 299 of the Fantastic Four where Dr. Doom destroyed the time continuum of the year during which Stan Lee retired, thereby nullifying his contract. While he get a No-Prize for his efforts another valiant reader mentions that perhaps Stan Lee will be triumphant because he is in fact Captain Marvel, to which we reply: Captain Marvel is dead.

    Nuff said.

  44. Lawyer-man by Anonymous Coward · · Score: 0

    You should add a hyphen. Lawyer-man

  45. Boycott Marvel!!! Until they pay... by LaughingTiger · · Score: 1, Insightful

    I am a big marvel comics fan. I grew up on Marvel. It turns my stomache that the greedy corporate *&*% would even consider doing such a thing to the creator of what is putting food on all their tables.

    I say we start some kind of slashdot campaign to boycot all marvel movies and merchandise until Lee gets his due. And they better retract the appeal.

    I dont know if I can sit through a movie and enjoy "heroics" when i know it had been produced by a most vile bunch of villains.

    1. Re:Boycott Marvel!!! Until they pay... by I8TheWorm · · Score: 1

      I've "boycotted" Marvel my whole life... where do I sign?

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    2. Re:Boycott Marvel!!! Until they pay... by Anonymous Coward · · Score: 0

      What? Are you completely oblivious to how Lee helped Marvel screw over Jack Kirby?

    3. Re:Boycott Marvel!!! Until they pay... by LaughingTiger · · Score: 1

      I am actually. What happened?

  46. Re:10% of Profits? Relying on their accounting? by tdhillman · · Score: 2, Informative

    It all depends on what exactly he signed for- net poitns or gross points. If he signed for a percentage of the net, he is absolutely screwed. Films don't often make net profits. You're right- Hollywood accounting is remarkable. Remeber the story of Art Buchwald- he got 2 net points on "Coming to America," won his case, and saw nothing.

    If you ever, ever, sign for anything, sign for gross points. 10% of a $250,000,000 then is $25,000,000. Much better numbers.

    --
    befuddled (noun) 1. Unable to create a pithy sig
  47. Re:10% of Profits? Relying on their accounting? by Anonymous Coward · · Score: 0

    "Always ask for a piece of the gross; not the net. The net is fantasy."

    -Freakazoid

  48. Nope! So there. by hey! · · Score: 1

    You're being very squirrely here.

    If you say, "Do you believe in intellectual property?", you'll get set of answers.

    If you say, "Do you believe in copyright," you'll get another set of answers.

    They aren't the same thing, although some people try to take the generlaly broad support that copyright has and smear it over a whole bunch of other things, using the rubric "intellectual property". For one thing, the very term itself tries to define the terms of the debate -- a sure sign of intellectual dishonesty. I can believe that creators should be able to receive an alienable (that is to say sellable) monopoly over the economic proceeds from their work without believing that this is a form of property in the same sense a deed to a piece of land is. I refer you to my K5 article on Lord Macaulay's classic speech before Parliament on copyright extension if you need this distinction explained.

    Finally, the question should be "Should a corporation be able to use accounting gimmicks to cheat another party out of the proceeds guaranteed under a contract?" I don't think you'll get many people for that.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  49. Movies never show a profit! by wintaki · · Score: 0

    Better be careful, Hollywood always says "$200million at the box office" but when you examine the books, the movies end up breaking even, or even loosing money. The studios charge for things like rent of the camera, etc., which, of course, was rented from themselves. There was a big story about this a while ago but I forget where I read it.

    1. Re:Movies never show a profit! by stratjakt · · Score: 3, Informative

      Ya know what they say, debt is an asset.

      Final judgement.. -1 zillion bucks!

      Thing is, he sued Marvel, he's entitled to 10% of whatever Marvel charged the movie folks for the rights to make spiderman, not 10% of what the movie made.

      Paramount (or whoever) aren't even defendants in this suit, IIRC.

      --
      I don't need no instructions to know how to rock!!!!
  50. Something along the line of (WAS:But wait....) by Lead+Butthead · · Score: 2, Insightful

    "Their Land Sharks, Our Rights Protector?"

    aka

    "Their Terrorists, Our Freedom Fighters..."

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  51. Chapter 11 for Marvel? by minotaurcomputing · · Score: 2, Funny

    I guess this means that Marvel will have to declare bankruptcy... again.

    -m

  52. Excellent by doombob · · Score: 1

    Stan Lee is seemingly one of the nicest guys in the comic industry all around. Not to mention he's put so much into what he has done, with obvious enjoyment in his work. It doesn't seem to have gotten tedious for him, as you can see in all the interviews he does for the special edition DVDs of the many Marvel movies. I'm glad he will get proper compensation for all of his efforts. Check out his interviews on the Spidey DVDs and also the Comic Book Heros Unmasked

    1. Re:Excellent by Anonymous Coward · · Score: 1, Informative

      Stan Lee does all those interviews and appearances (and always has) because he's a shameless, sleazy thief desperately trying to [continue to] take credit for all the hard work for which Jack Kirby, Steve Ditko, and countless other amazing talents were responsible.

      Without Kirby, Ditko, and all the other talented creators, Marvel wouldn't even exist today. Perhaps the same can be said for Stan Lee's contributions, but he's just not even in the same league with those guys -- never was, and never will be.

      As bad as Marvel is (and they're pretty greedy scumbags), Stan Lee is far, far worse, because he *personally* cheated people and continues to misrepresent his contributions to this day. Marvel's just another money-grubbing corporation, and that type of thing should be expected from them.

  53. Seems odd he wouldn't get paid... by game+kid · · Score: 2, Interesting

    Seems odd he wouldn't get paid his due, considering the cameos he's made in Marvel movies.

    Correct me if I'm wrong here.

    --
    You can hold down the "B" button for continuous firing.
    1. Re:Seems odd he wouldn't get paid... by SuiteSisterMary · · Score: 2, Interesting

      The story here was the he was promised a percentage of the 'profits.'

      After some accounting trickery, though, it was claimed that the first Spider-Man movie made *no* profit, hence, he gets nothing.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:Seems odd he wouldn't get paid... by game+kid · · Score: 1
      The story here was the he was promised a percentage of the 'profits.' After some accounting trickery, though, it was claimed that the first Spider-Man movie made *no* profit, hence, he gets nothing.

      Now I understand. Gotta love these corporate accountants sometimes, thinking since they count the money, they can take it all too. *sigh...*

      --
      You can hold down the "B" button for continuous firing.
    3. Re:Seems odd he wouldn't get paid... by Peter+La+Casse · · Score: 1

      That's not the story at all. You're confusing this story with a common Hollywood tactic, but this lawsuit was with Marvel Comics, not Hollywood.

    4. Re:Seems odd he wouldn't get paid... by SuiteSisterMary · · Score: 1

      You're right, I realized after I'd posted that I was thinking of a similar, but different, issue with the Spider-Man movie.

      The basic premise, though, is somewhat similar. Somewhat. Kind of. More or less.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  54. How it works... by Anonymous Coward · · Score: 0

    Hollywood book-keeping is infamous for frittering away money in all kinds of obscure "expenses", so that there is never anything leftover from the Gross for the Gross Profit.

    Actually, there's nothing obscure about it - it's a plain-jane shell game.

    Studio produces a movie - they pay a promotion company (usually wholly owned by the studio) 65% of the gross to promote the movie, and they pay the production company (which is usually partially owned by the studio) another 50% of the gross for producing it.

    The more the movie makes at the box office, the more money it loses.

    1. Re:How it works... by LWATCDR · · Score: 4, Funny

      It is funny that they seem to have a better strangle hold over the governments that even Microsoft. I mean let us be honest. If NBC or Viacom went out of business what harm would it do? The US might loose it's edge in really bland entertainment?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:How it works... by Anonymous Coward · · Score: 0

      Your scenario doesn't make sense - in that case the promotion and production companies end up paying the taxes... Cheating Uncle Sam ain't as easy as that.

    3. Re:How it works... by petsounds · · Score: 4, Insightful

      I don't know why parent is modded as Funny. It's actually insightful. The MPAA and RIAA have single-handedly destroyed copyright law in this country, impinged on fair-use, and hampered technological progress. I would venture to say the only lobbying group that has a bigger hold on the U.S. government is the military-industrial complex.

    4. Re:How it works... by fireboy1919 · · Score: 1

      The US might loose it's edge in really bland entertainment?

      I blame them for all the spelling mistakes we see on the web Without TV, we'd resort to reading, so we'd probably have a higher standard of literacy here.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    5. Re:How it works... by Aaden42 · · Score: 1

      How about the run on sentences? Are those Hollywood's fault too?

    6. Re:How it works... by Enigma_Man · · Score: 2, Funny

      I blame them for all the spelling mistakes we see on the web Without TV, we'd resort to reading, so we'd probably have a higher standard of literacy here.

      I also blame punctuation mistakes on the television.

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    7. Re:How it works... by NaruVonWilkins · · Score: 1

      It's spelled "lose." Also, "its" is correct for possessive, "it's" means "it is," which would be incorrect here.

    8. Re:How it works... by Anonymous Coward · · Score: 0

      The most powerful lobbying group is the AIPAC - no one is close to them.

    9. Re:How it works... by Rimbo · · Score: 2, Insightful

      The MPAA and RIAA serve the vital purpose of distracting citizens from what the government is doing. That gives them an extremely high priority in DC.

    10. Re:How it works... by Anonymous Coward · · Score: 0

      What about all the people that work for NBC and Viacom. I'm sure they have huge staffs for every show. Think about how many people will be unemployed. Think about what you say before posting...

    11. Re:How it works... by Anonymous Coward · · Score: 0

      I don't know why parent is modded as Funny...
      It's because he mixed up 'lose' and 'loose'. Heh, heh, heh. That cracks me up every time.

    12. Re:How it works... by DrEasy · · Score: 1

      Nobody will read this as I'm posting this way too late, but anyway...

      NBC and Viacom are part of the "Society of the Spectacle" that we have created for ourselves (read Guy Debord's manifesto for more), and as such can be viewed as very important tools for any government to keep us happily servile and uncritical. "Bread and games!" to rule the people, as the Romans would have said.

      --
      "In our tactical decisions, we are operating contrary to our strategic interest."
    13. Re:How it works... by thelenm · · Score: 1

      I don't know why parent is modded as Funny

      Probably the only words read by the moderators were the small ones at the beginning. "It is funny..."

      --
      Use Ctrl-C instead of ESC in Vim!
  55. Re:10% of Profits? Relying on their accounting? by Anspen · · Score: 1

    But he's suing *Marvel*, not the movie companies. Marvel simply gets a bag of cash (no expenses for letting others use your source material). And I assume that Marvel has a better ability to make sure the actually get what they deserve.

  56. Re:Nope! So there. by Marxist+Hacker+42 · · Score: 1

    Completely correct- but the difference between IP and copyright is getting degraded over time. Originally- copyright was artist only, giving him a set of rights he could license (but retained ownership of) for 24 years, after which the work passed into the public domain. Then it went to 27 years. Then it became inheritable. Then corporations were able to buy ownership of copyright. Then it went to 50 years. Then to 75 years. Now it's 97 years and still being extended...at some point copyright becomes as evil as the idea of permanent patents.....

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  57. Re:10% of Profits? Relying on their accounting? by kilgortrout · · Score: 1

    His contract is with Marvel, not the movie studio, so he get's 10% of Marvel's profits from the deal and the article states Marvel has already collected $50 million on the first movie alone. Marvel just licensed the use of the Spiderman character to the movie studio, i.e. Marvel's take is all pure profit and I'm sure Marvel's lawyers made sure Marvel wouldn't get screwed on their cut from the movie studio.

  58. Elektra/Daredevil/Fantastic Four by echocharlie · · Score: 1

    What about the other movies that Stan's had a hand in? I'm fairly certain he had a huge hand in the creation of the Fantastic Four which should be released in a few months. And what about Daredevil and Elektra?

    1. Re:Elektra/Daredevil/Fantastic Four by dr_dank · · Score: 4, Funny

      And what about Daredevil and Elektra?

      No way. If I were Stan Lee, I'd sue to make sure my name stayed off the credits!

      --
      Where does the school board find them and why do they keep sending them to ME?
    2. Re:Elektra/Daredevil/Fantastic Four by Anonymous Coward · · Score: 0

      Never saw DD, but E does look like a hot steaming POS!

      sig: oops! my first /. boob!

  59. Do you think... by Anonymous Coward · · Score: 0

    Fark used all that money from those paid links to pay for links on /. ?

  60. Re:10% of Profits? Relying on their accounting? by texasfight · · Score: 1

    After Enron and other corporate scandals, more than twice as many public companies have had to restate their earnings. In this case, restating earnings may help them avoid as big of payout.

  61. Good for Stan, but still a shame about the rest by jmoriarty · · Score: 2, Informative

    So many of the rest of the real innovators in comics never got a true slice of the wild cash their creations produced. Siegel and Shuster got a pittance for Superman, and their story is far more the normal than Stan Lee's. It is the creative spark that should really reap the lion's share of the rewards in an endeavor, and not the marketing machine that grinds it away after the truly unique work is done.

    If you haven't read it, I highly recommend The Amazing Adventures of Kavalier & Clay, a fictional biographic account of two cousins riding the wave of comics. It won a Pulitzer, and is a fascinating, engaging tour through the history of comics and their role in society. It was reviewed on Slashdot about a year and a half ago, but since the story seems so relevant to Stan Lee's victory here I thought it was worth a mention.

    1. Re:Good for Stan, but still a shame about the rest by Anonymous Coward · · Score: 0

      Or read: Men of Tomorrow by Gerard Jones for what actually happened in a REAL biography of the players.

  62. This is why... by jd · · Score: 0
    I don't think the existing system of Intellectual Property is workable. If it is even remotely possible to argue over who owes who what, even when there's a rock-solid contract to point to, then there is something seriously wrong with the concept.


    Marvel is planning to appeal. They wouldn't bother, if they didn't think they had some chance of winning. In fact, if it was so patently obvious that they'd end up paying anyway, they'd probably have spared themselves the lawyers fees and just handed over the money.


    But it isn't that obvious. The RIAA can sue "on behalf of artists" (even though the artists never see the money and the RIAA is unlikely to have explicit contracts with any of the artists for such representation). Marvel can keep the money from spin-offs (which weren't covered by the contract) and may well win the appeal to keep the lot, contract or no. Even if they lose, they just restate their profits into losses, so they owe nothing. In fact, 10% of a negative is also negative, so they might even be able to force Stan to pay them.


    Stan is not known for paying his bills, either, from the sound of it.


    The whole system is riddled with corruption and is based on the premise that the dirtiest fighter keeps the most money. I'm sorry, but that's no way to run anything, including a business.


    If you want, look at it from a blackmailable point of view. If you order your finance department to rip so-and-so for vast sums of money that you're not entitled to, what's to stop said department from rippig you off? The moment you complain, they hand the records over to the police and/or media. They lose their job, but you lose your company and possibly your freedom.


    What goes around will, sooner or later, come around. It simply makes no practical business sense to turn every potential ally into an enemy and every company employee into a potential nemesis. Pissing off the customers is generally not a good idea, either.


    The judgement is good, in that it makes an effort to establish some semblance of responsibility. My first argument is that IP law should be clear enough and precise enough that such rulings are such no-brainers that it doesn't take two to three YEARS to complete the case, but maybe a couple of minutes.


    My second argument is that those who are rightfully and justly entitled to compensation should be the ONLY ones who are entitled to a share, in relation to their work. Third parties should have no standing in court and should be entitled to exactly nothing.


    My third argument is that penalties should be stiff enough that no sane person would try to hold onto cash they don't own. In a case like this, Stan should be entitled to the 10%, plus 10% compound interest per year (so Marvel can't proft just by putting the money in an interest-paying account, even if Stan gets paid).


    You shouldn't be entitled to profit from crimes, so Marvel should not be able to keep any interest earned. That covers what Stan would have got, if he'd been paid on time. That would make this kind of embezzelment a pointless exercise. To have an effective deterrent, though, I'd also say Marvel should pay 100% of Stan's legal costs, plus a hefty fine to the court for the insult.


    Finally, my fourth argument is that you're going to make the most money by doing the best job, not by ripping people off. A company where all respect each other and what they are doing is going to wipe the floor with any company that doesn't, if all else is equal.


    If you want to earn every cent you can, you assemble not only a team of the best of the best, but also where that team is cooperative and functions as a team, rather than as so many back-stabbers just waiting their time.


    Rome didn't fall because it had better opponents. It fell because there was no substance to back it up. It split, not because that was a useful thing to do, it split because two power-mad wannabes were more bent on gaining power than keeping things going.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  63. Does that include Toei's "Supaida-Man" show, too? by Mogomra · · Score: 2, Informative
  64. What about the training pants? by StefanJ · · Score: 1

    I was boggled to see, while paging through a booklet of grocery coupons in the Sunday paper, an advert for Huggies or some-such which were stamped with an image of a puffy, babyish Spidey.

    Man, what a ignoble job for your friendly nieghborhood Spiderman! ("Bad boy Timothy! Peter Parker would never shit himself!")

  65. Let's hope Marvel's other suit goes as badly by MattW · · Score: 2, Interesting

    It seems like Marvel is the SCO of the comic book industry. Let's hope their lawsuit against NCSoft and Cryptic Studios, makers of City of Heroes, goes just as poorly.

    I just love some of the quotes by Marvel.

    Considering that defendants own no comic characters themselves, it stands to reason that the comic books to which they refer are those that depict the characters of Marvel and others," wrote Marvel's attorneys in the complaint.

    I'm sorry, but they do, in fact, publish their own comic. In fact, due to the bundling with the game, I believe I read it had the 3rd highest circulation of any comic in print.

    The complaint says that the "defendants have created, marketed, distributed and provided a host environment for a game that 'brings the world of comic books alive,' not by the creation of new or original characters but, instead, by directly, contributorily and vicariously infringing upon Marvel copyrights and trademarks."

    There are typically around 1500-2500 players on Virtue every night, it seems. I almost never see a copycat.

    A great quote from Cory Doctorow:

    "Asking City of Heroes to police their users to ensure that they don't replicate Marvel characters is like asking a school to police its students to make sure none of them show up for Halloween in a homemade Spider-Man costume," said Cory Doctorow, a renowned writer and advocate for free speech and fair use. "It's unreasonable bullying, and it is bad corporate citizenship."

    And of course, it's a click away to report a copycat character, and NCSoft removes them rapidly.

  66. Stephen King? Hold up a second there. by Inhibit · · Score: 2, Insightful

    Stephen King tried it and it was an utter success would be more like it. What he did was simply ask people to pay rather than require them to, and ended up raking in 70% of all the downloads as *payed*. This fell to 46% when he jacked the price to 2$.. a *chapter*.

    I don't know about you, but if I put a PDF file online and say, "hey, I can't force you to, but I'm going to require you to put a buck in my hat for a download" and 70% of the people pay I consider it a roaring success.

    And that was at a buck a chapter. The book (would've) went for like 10 bucks total.. for a PDF! And then he's got the gaul to say that it's a failure and that any smaller time writer wouldn't be able to make money. Gimmee a break!

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  67. Obligatory Link by Inhibit · · Score: 1

    Story that the figures are from. Forgot to include it in the parent.

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  68. I don't think that's right by jgoemat · · Score: 1

    He didn't win a judgment against the movie studios, he won against Marvel. The movie studios pay Marvel and they were supposed to give Stan Lee 10% of that. You can hide all kinds of costs in the making and marketing of a movie, but when you're a company that's just collecting licensing fees for your characters, it's a lot more difficult.

  69. NO SHIT? by Anonymous Coward · · Score: 0

    you don't say? i don't suppose THAT WAS THE FUCKING JOKE made by the parent poster.

  70. 700 million and counting by dingfelder · · Score: 1

    spidey 1 and 2 have grossed over 700 million so far..

    too bad he's not getting 10% of the net or he would have > 70 mil :D

    1. Re:700 million and counting by Anonymous Coward · · Score: 0

      Those negatative dedections will do that to you.

  71. He's at the mall. by DG · · Score: 2, Funny

    Dude, I saw him at the mall. He was over by that place where that local-access TV station was doing a dating game ripoff show.

    DG

    --
    Want to learn about race cars? Read my Book
  72. This was from before that by Sycraft-fu · · Score: 1

    Stan Lee has had a "10% of profits from everything" with Marvel for years. In the past, it hasn't been such a problem, but now they are trying to play the "we don't make any money on it" game. That shit is, apparantly, not going to fly as per the court ruling.

    You may be able to get away with it for low-paid writers who sign a new contract and don't know how it works, much harder to get away with it on someone who has a lot of disposable income and a contract that predates all the BS, and is larger than one film.

    My bet? It takes a couple more years with appeals, but he (or his heirs) get the cash.

  73. Can comic buyers get their money back now by Anonymous Coward · · Score: 0

    Can we get our money back for his last work, something along the lines of what if he created the DC universe characters. My god those were such horrible books that I can't even remember the names of them.

  74. Re:10% of Profits? Relying on their accounting? by kesuki · · Score: 2, Interesting

    Well, he signed on the profits Marvel raked in, not the movie studios... They studios had to 'buy' the rights to make the movie, and if they didn't make a profit at the box office they were hosed. but with $2,700,000,000. in gross raked in by the movie studios for daredevil, spiderman 1 and 2, xmen 1 and 2, and the incredible hulk... well, that's an incredible hulk of cash... supposedly marvel got 50 mil for spiderman 1... who's worldwide sales were $800,000,000 so likely he'll get 15 million on the estimated 150 million marvel collected in royalties...
    Remember marvel diesn't actually make the movies, they just sell the rights ;) and selling rights to movies has always been a guarenteed profit business.

  75. Get his due? by Anonymous Coward · · Score: 0

    I dont think stan lee deserves a red cent fror his blatant rip off of superman. Honestly, mild mannered reporter becomes a super hero?

  76. Mod Parent UP by phriedom · · Score: 1

    Pretty much every other comment here seems to think the RIAA or Hollywood has something to do with this, but they don't. This is between Marvel and Stan Lee. IF Marvel has a percentage of the Movie Gross, THEN Stan gets 10% of that. But Marvel may have sold the movie right for a flat fee for all we know.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  77. Should make a publicized gift to CBLDF by JimTheta · · Score: 1

    I think it would be neat if Stan would give a monster chunk of that money to the CBLDF.

    I mean, Stan already gets $1 mil/year from Marvel. The guy's richer than hell. He could make a big donation and drum up a lot of press, and CBLDF could probably use the publicity.

    Check out their site. If you like the First Amendment, you'll like this organization.

    And if this doesn't outrage you, nothing will. Freedom lost that one.

    1. Re:Should make a publicized gift to CBLDF by robounix · · Score: 1

      Actually, I think it would be more appropriate if he donated some to ACTOR, http://www.actorcomicfund.org/, the fund for comic veterans

    2. Re:Should make a publicized gift to CBLDF by JimTheta · · Score: 1

      Huh, never heard of that one. Yes, that would be just as good.

  78. Wilson Fsck by Anonymous Coward · · Score: 0

    Like Nostradamus who confused Hister with Hitler Stan Lee also had a premonition.

  79. RTFA by Anonymous Coward · · Score: 0

    Parent is +5, so I'll bite.

    Since you didn't read the article, here's a little taste:

    He filed the lawsuit in November 2002, pointing out a clause in his contract that entitled him to 10 percent of TV, movie and merchandising deals, an amount he thought was significantly higher than the $1 million-per-year salary he currently receives. Marvel tried to find a loophole in the wording.

    In other words: he's been getting paid, but he seriously doubts that the total is what they claim. The judge agreed with him.

    There are sales figures listed in the article. The audit is probably underway.

  80. For a little bit more insight... by hcduvall · · Score: 1

    and a few other sites has some good takes on the case:

    The best of the lot is The Comics reporter at the Pulse
    And little btis more or links:
    The Comics Reporter
    The Beat

  81. One sided leverage... by Anonymous Coward · · Score: 0

    Call the musicians stupid all you want, but when a label is dangling the carrot, what leverage do they really have? Can they really say "this contract isn't fair and we'd like this this and this changed"? No. You know why? Cuz the label will say "take it or leave it". And that musician will go on to remain obscure and poor.

    That's the big problem. If there was a way musicians could really make themselves famous prior to signing up to a label, then they'd have leverage to negotiate, but if they could accomplish that on their own, they wouldn't need the label in the first place!

    1. Re:One sided leverage... by nettdata · · Score: 1

      Call the musicians stupid all you want, but when a label is dangling the carrot, what leverage do they really have? Can they really say "this contract isn't fair and we'd like this this and this changed"? No. You know why? Cuz the label will say "take it or leave it". And that musician will go on to remain obscure and poor.

      Like I said in another post, if they have the "get rich and famous" goal, then signing with a big label is one of the few ways of achieving it.

      But I _DON'T_ want to hear them whine and complain about how they're getting fucked by the label when shit doesn't go well for them.

      It's not up to the label to provide a fair contract to benefit the musician. They are in the BUSINESS of MAKING MONEY. If you want to do a deal with them, and you are the huge underdog with no leverage, then you are going to have to settle for what they offer, and have no basis whatsoever to bitch and complain about it.

      This over-inflated sense of self-entitlement is really annoying.

      Want leverage? Then be GOOD at what you do, and shop around to multiple labels. Get them to fight to get you. It worked for Trent Reznor and Creed, to name but a few.

      If you're a mediocre band from a mediocre place, and only one label is interested in you, then that speaks volumes.

      Or, if you ARE good, and jump on the first offer to come your way, then you ARE STUPID.

      Once again, it is the music BUSINESS, with all the facets of "normal" business, including negotiating contracts.

      --



      $0.02 (CDN)
  82. I wanna be anarchy. by totipotentsoul · · Score: 0

    At the same time, it doesn't really give me any reason to pay for the music when I can get it for free online, does it? Maybe I'm solving market inefficiencies by destroying the system.

    --
    The best posts are both flamebait and informative.
    1. Re:I wanna be anarchy. by nettdata · · Score: 1

      Personally, I pay for music to support the artist in their efforts.

      If they are part of the "big label" scene, then the sale usually helps to pay off their debt to the label. Sure, the **AA or label gets a huge percentage of the cash, but that's the deal the artist signed.

      I also prefer to help the local artist who takes that $10 for the CD and buys new strings for his guitar, or puts it toward producing more CD's, etc.

      --



      $0.02 (CDN)
  83. Dupe! - this story posted on Slashdot already by Scott7477 · · Score: 1

    See here: http://slashdot.org/comments.pl?sid=136636&cid=114 13880. I put the story there because I didn't want to wait to see if the editors would accept it. Scoop! :)

    --
    "Lack of technical competence coupled with the arrogance of power, as usual, leads to no good end."
  84. Simple answer... by payndz · · Score: 1
    Corporations cannot own 'intellectual property' created by individuals, they can just have it licenced to them by said individuals for a fee and a time period decided by said individuals.

    Holy shit, I just solved the creative world's woes. Call me 'DUH!-Man'. Next!

    (Flies off to solve world hunger.)

    --
    You must think in Russian.
  85. Let's return to Innocence by Steeltoe · · Score: 1

    It's okay to prey on the innocent, those hopeful souls of creativity who believe they have been "discovered", only to have their dreams and wallet shattered by manipulation, deception, greed and indifference.

    It's okay to be evil in today's world, because capitalism is essentially evil. You are only to take care of yourself, and in the process you should fuck over everybody that trusts you.

    Because it makes you rich, if you're lucky, and if you're really smart, you'll at least be covered legally.

    It's valid, because you can make money that way.

    You are stupid for letting this opportunity let go.

    I will make the bucks, stupid people like you just don't see it.

    Smart people like me will get rich.

    Yeah, you're really stupid. How easy you were fooled.

    YOU deserved it, because you were stupid.. ...

    I feel genuinely sorry for you and how you let the worldly glitz deceieve your wisdom and perception. Just continue to justify it, Truth will shatter it and cast light on Everything in time.

    I don't remember who, but I think some Indian stated something to the effect of the written word being the worst enemy of Man. How else can you really fuck somebody over, than with a written contract, a cold heart and a cold legal system?

    1. Re:Let's return to Innocence by nettdata · · Score: 1

      only to have their dreams and wallet shattered by manipulation, deception, greed and indifference

      That's pretty funny, as it's their OWN dreams of fame and fortune (greed) that lead them down that path.

      "If you're going to swim with the sharks..."

      Thanks for playing though.

      --



      $0.02 (CDN)
    2. Re:Let's return to Innocence by Anonymous Coward · · Score: 0

      Just keep justifying..

      I'm humoured.

  86. It's all about the CONTRACT by Anonymous Coward · · Score: 0

    It all about the contract. If you're really a genious and come up with an industry wide breakthough idea, you should be smart enought to know that your working agreement with your employer is going to govern what your cut is. Period. If you're really that smart, you should quit, find another employer who will give you a cut for your freaking great idea and then make sure you get a contract that says you'll be paid. If your contract says you get paid a salary, not matter how great your idea is, no matter how much money it makes the company, all you have clam to is that salary. Period.

  87. wow... by Anonymous Coward · · Score: 0

    ..I managed to get through 15 +5 posts reading them all out loud in the voice of comic book guy.

    stellar.

  88. Well, Marvel deserves it, but... by Anonymous Coward · · Score: 0

    ...the sad thing is, so far as the public is concerned, this is just going to contribute to the general perception that Spiderman, the X-men, Fantastic Four, et al. just sort of sprung fully formed from Lee's big beautiful brain and that Ditko and Kirby were nothing more than really talented hack artists.

  89. Re:10% of Profits? Relying on their accounting? by tdhillman · · Score: 1

    Then it gets potentially worse for pooe Stan. If Marvel (and I hope they didn't do this) signed for net they got screwed too.

    You would also be amazed by the accounting practices that the studios use to fracture profit.

    My personal favorite? Include promotion in your gross costs to make the film. Of course, you must pay for promotion. Who does the promotion? The inhouse promotion department that bills the film budget, thereby knocking down the take while actually banking the profit. They do it all the time.

    --
    befuddled (noun) 1. Unable to create a pithy sig
  90. the rich got richer ... so what by Anonymous Coward · · Score: 0

    It's terribly tragic to see overly affluent people waste millions greedily fighting over excessive profits while billions starve. Rich people are truly our modern villains.

    Mr. Lee and company, you are all lousy role models. Shame on you.

  91. Marvel bankrupcy would be awesome ... by Anonymous Coward · · Score: 0

    DC could then buy out the properties and merge the Marvel and DC universes. Just imagine the story possibilities!

  92. Even worse is the way Bill Finger was treated. by Anonymous Coward · · Score: 0

    Basically, the writing half of the Batman creative team was a subcontractor of the artist, Bob Kane. Finger got totally shafted on money and kudos.

  93. i guess greedy evil corporations can and will by Anonymous Coward · · Score: 0

    try to cheat everyone. Corporations are absolutely evil in that they must produce excess and irresponsibility.

  94. Re:Stephen King? Hold up a second there. by Anonymous Coward · · Score: 0

    The percentages sound great, but what were the real numbers? 70% of 100 downloaders is definitely NOT a "roaring success" in anybody's book (pun not intended...)

  95. Chunk of change by Anonymous Coward · · Score: 0
    A recent court decision says that Marvel owes Lee 10% of their profits for works based on his creations. Since three recent Marvel-based movies are in the all-time top 100 for box-office gross, this will be a sizable chunk of change.

    Marvel sold the movie rights as a one-time cash deal, not a long-term percentage deal. Marvel profits from the movies only from increased consumer interest in Marvel's own products.

  96. off topic AND interesting (??) by bholub · · Score: 1

    Just an observation off the top100 list. In the 3 LotR movies, each movie made more than the previous.... while with Harry potter it is the opposite, each made less than the previous.

    --
    I farted
  97. my flawless SpiderMan 2 Review by Qrlx · · Score: 1

    Hi, it's Spidey again. Sorry about the fist movie. You know what? I should just bang that chick. I realize I had some issues before, because when you dress up in a costume all the time, like George W. Bush on the aircraft carrier, it means you're gay. But none of that matters because there was this fat fuck who looks like Emeril, only more annoying, and he's the only fat physicist in the entire history of physics, and my cheerleader girlfriend is getting it from the star quarterback so I'm gonna go cry to my mom about the time me and dad were getting donuts and these guys came up to us and they were like "you're dead whitey" and I was like "no!" only in slow-motion and they were all "you'll thank us for this later kid" and then I finally kissed a girl for the first time in my life and I soiled my costume. Fin. Also something about an evil walrus or something.

    1. Re:my flawless SpiderMan 2 Review by tepples · · Score: 1

      when you dress up in a costume all the time, like George W. Bush on the aircraft carrier, it means you're gay.

      How would you define a "costume"?

    2. Re:my flawless SpiderMan 2 Review by Qrlx · · Score: 1

      In this sense a costume means: Something you would wear on halloween. Clothes used to role-play.

  98. OT: formatting by kurzweilfreak · · Score: 1
    It would be so nice if /. would make it so that a hard return in the textbox would be equivelent to a "p" tag so that I wouldn't forget it and have it look like that. Argh!

    And BTW, how do you put example HTML so that it displays as inline text instead of actual markup?

    --

    kurzweil_freak

    5th Kyu Genbukan Ninpo/KJJR student

    Be the darkness that allows the light to shine.

    1. Re:OT: formatting by Anonymous Coward · · Score: 0
      how do you put example HTML so that it displays as inline text instead of actual markup?
      The answer is to use entities. Replace the leading < with &lt;.
  99. Re:10% of Profits? Relying on their accounting? by Anonymous Coward · · Score: 0

    An interesting story about production expenses:

    In the case of a music video for a song with a "featured artist" usually they do not get extra money per unit sold. It's straight up work for hire. Therefore they have no direct interest in promoting the product. This poses interesting challenges in getting the featured artist to show up for the video shoot.

    While often they are contractually obligated to appear in the video, there is a weasel "schedule permitting" clause that makes this unenforceable. Ultimately this resolves itself with an illegal negotiation about under which conditions the featured artist will be available. Cash inducements, recreational pharmaceuticals, escort services and gifts of clothes, props and or less expensive vehicles (jet-skis, quads, motorbikes that appear in the video) are promised and delivered to the featured artist for showing up for less than a day of work.

    None of these things are free and all show up on the books somehow. And even the illegal services/products are fronted by a company with invoices and paperwork.

    I am confident that there are similar, more sophisticated scams in the movie industry, particularly with the incentives not to show a profit.

    To wit: Since Stan Lee is only entitled to a piece of profits, I wonder how much blow that went up other peoples noses came out of his pocket?

  100. Hey! You broke my Batmobile! by Anonymous Coward · · Score: 0

    Broke it, or made it better!?

  101. Re:but wait..... by Anonymous Coward · · Score: 0

    Four insightful? Oh come on. This is a troll if I ever saw one. Utter troll.

    How anyone can compare a character that was created completely...a individual, and say that same creation should be open to the public and compare it to software is utterly idiotic. And so is any mod that gives it points. Software can be contorted in all kinds of ways. You can take code and use it sure. But your program is NOT a exact duplicaiton of something already published under another name. Spiderman is Spiderman. He is not 100 lines of code you borrowed for your project that worked perfectly. And source code that is available for use by the public due to the grace of the author and used by the public with the permission of it's creator is not the same thing as taking a character, hijacking it for a movie when you do not own the rights for it, selling it and having millions of people purchase your product, and then not being willing to share the profits with the creator of the character created when you used it without his permission. That would be like if I made my own Linux Distro and sold it without the creators permission. That would be fucked. That is stealing. No..that is not your whole point. Your gay.

  102. RTFA by Anonymous Coward · · Score: 0

    It says he was already being paid on the order of a million a year, but, apparently, this wasn't enough. I'd say this is the case of one greedy bastard against another.

  103. There is no justice in this world by Anonymous Coward · · Score: 0

    Kirby had a similar problem with rights some years ago and Lee treadted him very bad. One should compare Kirby, Ditko (and some others) without Stan and the creations of Stan without them.
    Stan Lee is te biggest bastard in the comic industry. He stole the credit of great creations. And the Marvel Method is a joke. "Hey, the enemy is Doctor Doom so do all the work while I am ironing my contract and telling everybody how creative and great I am".

  104. If you want to kill him by cgenman · · Score: 1

    If you want to kill Stan Lee, Make him a sidekick to a far more popular hero... Like Stephen Spielberg or The Green Arrow. Make him that character's reason to live. Let the audience grow to like him and take comfort in him. Then wait for writers to run out of ideas.

    Just hope he doesn't get resurrected again and again. Darkwing my ass!

  105. IMO by kronchev · · Score: 1

    Internet distribution isnt the problem here, the problem is, it costs millions of dollars to make a movie, so the only people who can are the ones who have the millions of dollars. These same people make even more money and are still the only ones who can make these huge movies.

    Distribution companies worry me a lot less than the companies that fund the movies in the first place. Its easy to overcome distribution problems compared to overcoming advertising costs, CGI costs, actors pay, hell even the recording media and cameras cost more than most people reading these articles will make in a lifetime.

  106. Nice Troll, have a doughnut... (mod parent vapid) by IBitOBear · · Score: 1

    Excelent use of a distracting sound-bite...

    The MP3 "sharers" asside for now, the general slashdot consensus on Intellectual Property is that there should be no software patents and Copyright should exist for an actually limited "limited time".

    Translated to this circumstance Stan Lee isn't suing the maker of X-Men or The Incredibles for using his intellectual property right to "a method for portraying an individual with paranormal or 'super' abilities in media." That is, he doesn't claim to "own" the _idea_ of superheros.

    He does however have a Copyright stake in the spesific copyrightable Spiderman and Hulk characters themselves. And he has a _contract_ where his business associates agreed to pay him in exchange for his copyright stake.

    He _isn't_ however trying to make Xerox machines refuse to copy pages from his commic books, nor is he suing people who went out and got ro gave Spiderman tatoos. None of the parties are trying to enjoin everyone everywhere from using sipder-web imagery in thier art. Stan isn't suing people trying to get them to stop fair-using frames or samples or whatever.

    And "copyright", and indeed "patents" and "trademarks" ARE NOT "PROPERTY" by any meaningful measure of that word. The is the same, simple, easy to understand concept as the statement "'murder' is not 'theft'". So while Stan has a copyright stake, and he is asserting same, that has nothing to do with the non-existence of "intellectual property".

    And as for the "sharers", that isn't always all that black and white either, even if we mostly can agree that some people will "share" no matter what, while most people just want honest value for their money when they "buy".

    And *none* of these issues are as simple as your "insightful" troll would like them to appear. You re guilty of unbrainmanlike conduct and deserve a two-liberty penalty... 8-)

    God save us all from doofus engendered sound bites...

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  107. high grossing!=profit by minus_273 · · Score: 1

    I like the logic that a movie that is high grossing has profit.
    if a movie was made for 2 billion and grossed 2.5 billion it would be the highest grossing movie, but it certainly doesn't there was a profit.

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:high grossing!=profit by minus_273 · · Score: 1

      err make that 1.5 billion grossing.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
  108. ilk? by tallbill · · Score: 1

    Stan is awesome.
    He isn't part of an ilk.

  109. When the characters were created doesn't matter... by brunes69 · · Score: 1

    It's when the money was made.

    Stan was smart and signed this before the Spiderman and XMen franchises took off. He will earn a bundle for this.

  110. For some reason, this makes me think of the NEA by Anonymous Coward · · Score: 0

    NEA - something I wish would be dissolved..because...

    If no one wants to pay you for your 'artistic work', be it music, painting, whatever, then you are NOT an artist.

    If my coding sucked, no one would want to pay me to code (Ok, this isn't really true in the real world as we've all seen, but humor me) - so should there be a 'starving coder' fund?

    Just something to think about....

  111. he's getting a pile of cash? by argStyopa · · Score: 1

    Good, now maybe he can decide to stop being an a**hole and leave Cryptic alone.

    Stan - how's Jack Kirby doing? You going to be sharing any of that moola with his estate? I'm sure you will because it's the "right" thing to do, right?

    --
    -Styopa
  112. Re:10% of Profits? Relying on their accounting? by kesuki · · Score: 1

    I think stan sued them not because he's broke, but because they were violating thier contract to him.. it was a principal thing.. marvel probably got screwed on thier movie deals though (50 mil on a movie that did $800,000,000 world wide? seems a bit low to me)

  113. Re:10% of Profits? Relying on their accounting? by tdhillman · · Score: 1

    50,000,000 million on an $800,000,000? Marvel actually made out fairly well- that's a bit over 6 gross points. There are only so many pieces of the pie to go around. Now, 10% of that is $5,000,000. That's what Stan is owed (if his contract calls for 10% of Marvel's gross profits.) Now, if Marvel has cooked the books, his numbers go down.

    Don't you love the entertainment business?

    --
    befuddled (noun) 1. Unable to create a pithy sig
  114. Now how do you define "role-playing"? by tepples · · Score: 1

    Clothes used to role-play.

    In that case, any work uniform, even the executive uniform of a suit and tie, could be taken as a "costume", because one plays a role on the job.

    1. Re:Now how do you define "role-playing"? by Qrlx · · Score: 1

      If you can't tell the difference between a real outfit and someone dressed up in a costume, I suggest you attend more halloween parties.

      In the case of Bush, he is not a military aviator. So when he puts on those clothes, he's playing dress-up. (Bush's stint in the National Guard notwithstanding.) In the case of Peter Parker, he must don the costume to create the identity and persona of Spiderman.

      It's akin to what a businessman does, sure. The old saying "the clothes make the man" comes to mind.

  115. Re:Nope! So there. by hey! · · Score: 1

    Permanent copyright is actually much worse than permanent patents.

    Permanent patents woudl simply stop the progress of invention, as it becomes nearly impossible to create anything that doesn't potentially infringe on some patent in some way (which is ENTIRELY different than saying that there's nothing new to be invented; quite the contrary).

    As bad as this would be, permanent copyrights would be even worse. While patents are for ideas and copyrights are for expression, generally speaking I am free to use an artifact that is covered by a patent any way I wish to. My use of copyrighted material is much more limited, because the most natural way to use the material is to incorporate it into my own expression.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  116. Re:Nope! So there. by Anonymous Coward · · Score: 0

    Considering the recent article saying in the next 40 years we may have life entension of up to 1K years, thats pretty much perminant copyright.