Jack Kirby, “fair” compensation and life
In a previous post I wrote of my objections to arguments that Marvel is or ought to be morally obligated to turn over profits made on the work of Jack Kirby to Mr. Kirby’s heirs. As noted in that post, I chose to focus on the issue of moral “rights” rather than legal rights because, particularly since the courts have rejected claims on the latter, proponents of the Kirby heirs’ case have generally argued that whatever the law says, moral standards demand compensation for the Kirby family.
This much is pretty much plainly-stated by the plaintiffs in this matter, at any rate the informal plaintiffs. But I’m going to go out on a bit of a limb, at least, and propose that underlying even the specific moral arguments, there’s a general sense among most comic creators and many comic fans that Jack Kirby was a hero and just deserved better. I don’t think this is much of a stretch, either, really; some might argue that their claimed moral imperative on Marvel’s part exists separately from any general obligation of life to have done better by Kirby, but they would probably at least acknowledge the latter as a belief and, for what my opinion’s worth, it’s unquestionably a factor in the decision to go all-in on angst and breastbeating in the case of Kirby as opposed to the many other (and still-living) comic creators who’ve received the short end of a work for hire stick.
For whatever my opinion is worth, though, I feel like this posthumous-martyrdom campaign on the behalf of Jack Kirby is deeply, deeply misguided. Because, so far as I can tell, Jack Kirby coaxed forth from the universe a life which, on balance, is to be admired, and perhaps envied, but certainly not condemned as an unjust raw deal. (more…)