Sean Murphy recounts the curious fate of his Wolverine ABC sketches:
Last year I drew the Wolverine ABCs. When it was done, I printed out around 200 sketchbooks of them to hand out to industry friends. I knew enough about copyright law to know that I was in the gray area, even though they were only meant to be given away as gifts. I also gave them to people and editors who worked at Marvel–clearly I wasn’t trying to hide what I’d created. Because I was a pro and because I wasn’t selling them, I figured I’d be fine. After three conventions of EVERYONE telling me I should sell them, I broke down and sold some. At the last show that season, I sold the remaining 40 copies or so.
Then Marvel called. I explained that I didn’t have a warehouse of sketchbooks, I only made around 200 (or close to that) and mostly I gave them away. I explained how none of the Marvel editors complained when I handed them one, and my lack of hiding the ABCs should show the innocent nature of my endeavor. I even offered to sign a Cease and Desist, and pay them the money I made selling the last 40. But Marvel wanted the rights to the ABCs–they wanted to own them and pay me nothing. I wasn’t willing to do that, so I got a lawyer. And we eventually came together and agreed to drop the subject if I simply removed them from my site and promised not to make any more sketchbooks.
He goes on to say “My mistake was thinking that it was no big deal … because most people in comics don’t think it’s a big deal. But most people haven’t dealt with Marvel like I have, and that’s what fueled my involvement in this entire issue. I know people think I’m overreacting–I don’t care… I’m changing my sketch policy because I’m imagining the worst-case scenario.” It puts a new spin on Joe Quesada responding to concerns about the Gary Friedrich lawsuit affecting artists’ sketches by saying “Marvel is not looking to make any new policy announcements through this lawsuit,” when you learn Marvel was looking to claim ownership of sketches earlier, doesn’t it…?
February 20th, 2012 at 10:06 am
So Marvel’s shiny, happy veneer is slowly peeling off, and the business entity it actually is is finally showing some teeth. Can’t say I blame them. They’re within their rights to do what they did. I just can’t help but feel sad hearing stories like this…it’s like the industry’s growing colder, more sterile, reminding us more and more about the big machine behind the characters we read and talk about.
February 20th, 2012 at 3:20 pm
On one hand you have Disney/Marvel claiming the life saving of former creators in what amounts to small claims lawsuits.
Now look at what Paramount does to fans that spend their time and money to film full on episodes of Star Trek, even hiring cast members and acclaimed writers from the TV shows. Star Trek: New Voyages has had George Takai and Walter Koenig guest-star in episodes. yeah, a fan-produced film. Did Paramount sue? nope. They just asked that they not be sold for profit and helped them acquire sets for future episodes.
Google Of Gods and Men sometime. It had over a dozen actors from various Trek TV shows, including Alan Ruck (Captain of the Enterprise B and Ferris Bueller’s sidekick). It was directed by Tim Russ (Tuvok from Voyager).
Paramount has billions invested in that one franchise and they actively encourage their fans rather than sue them for their life savings.
Similarly, Hasbro has made more money on Transformers than on any other franchise, including GI Joe and Star Wars. There are HUNDREDS of fan-produced comics, short stories and full-board CGI cartoons being produced by fans. Do they sue their fans? nope. The official Transformers convention has a film festival solely devoted to Transformers fan films.
The understand, just as it is with Paramount, you do it for your own entertainment and don’t make a profit. If you sell something for the cost of photocopies or a blank DVD disc, they don’t care.
Hasbro has gone as far as to shrug off fan-produced Transformers toys, knowing they are sold as collectibles to fans. There is a giant $600 Devastator toy out right now that is as large as Hasbro’s Unicron toy, made by fans in Asia and sold online by every major toy retailer. Hasbro responded…by trying to one-up them with their own giant Bruticus toy later this year.
Marvel is run by a playground of frat boys. We all know that. These lawsuits aren’t from Marvel…they’re from Disney. Disney will sue you for drawing a mouse on business sign even if they have to squint and say it looks like Mickey. Disney would dig up (thaw out?) Walt and sue him for his bones if they thought that his ghost was somehow profiting off of the Disney name.
February 20th, 2012 at 4:30 pm
“Do they sue their fans? nope.”
Hasbro as a whole maybe hasn’t, but some have had run-ins regarding properties owned by a Hasbro subsidiary, Wizards of the Coast. And this is very much the same thing.
February 20th, 2012 at 4:31 pm
What another great anti-Marvel post, Graeme! You even posted out-of-context quotes from a creators personal website! Well Done! You could have included quotes like this…:
“To be clear, I support Marvel’s decision and I’m happy we worked out an arrangement. I bear them no ill will, and am only telling this story to outline the rights of both the creator and the corporation. I’m not trying to be provocative, only trying to help illustrate what creators need to do to protect themselves. Because I honestly believe that corporations don’t want to go after creators, because it makes them the bad guy. Which they’re often not.”
..But that would run counter to your axe-grinding, wouldn’t it? Or how about this one:
“I was in the wrong. I really can’t be angry at Marvel for their actions. They were in the right, even though some things at conventions are tolerated, it’s still technically wrong. My mistake was being a higher-profile artist and making a themed book out of Marvel characters. I was surprised that it led to the threat of legal action, but it’s not my call to make. I apologized to Marvel up and down, and I still feel incredibly stupid for what I did.”
It’s all right there in Sean’s posting. And just before anybody gets it into their heads that i’m making Sean out to be some kind of villain, i’m not. I’m a HUGE fan of Mr. Murphy’s work, and what I appreciate most is his mature, humble, fair and balanced point of view. He’s able to look at the situation, one he was involved in PERSONALLY, and make logical conclusions about it, rather than fanboy blog posts that go all anti-Marvel at the drop of a hat. Sean’s a great example of professionalism and smart thinking.
February 20th, 2012 at 9:17 pm
Bravo to Tyler for fighting negativity NOT with more negativity but some nice words about a terrific artist with a good head on his shoulders.
I doubt very many of us would tend to support a corporation over an individual artist, but crummy reporting doesn’t help anybody!