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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."

24 of 387 comments (clear)

  1. 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 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.
    2. 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!
    3. 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.

    4. 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?

    5. 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.
    6. 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.

    7. 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)
    8. 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
  2. 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?"

  3. 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.

  4. 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 ]
  5. 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!!!!
  6. 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.

  7. Re:Batman.. by Anonymous Coward · · Score: 1, Insightful


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

  8. 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.

  9. 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
  10. 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!?
  11. 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.

  12. 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.

  13. 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
  14. 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.

  15. 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
  16. 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.