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As 'The Avengers' will Make Millions, Creator Kirby May Get Squat

As Marvel's The Avengers comes out tomorrow, expecting to smash box-office records worldwide, a backlash has come out from comics artists, writers, bloggers, and fans who are appalled with Marvel's lack of proper accreditation and reimbursement of the characters' creator Jack Kirby.

In what is an archetypal David and Goliath story, the comics industry is rife with tales of creators being cheated out of money and credit by the companies that employed them (i.e. Jerry Siegel and Joe Shuster were paid $130 for their character, Superman, in 1938 and were not awarded proper credit nor payment until they sued DC in 1976).  

For Jack Kirby, who drew literally thousands of pages during his professional career from 1936 until his death in 1994, who created some of the most recognizable superheroes known (such as Captain America, Thor, The Hulk, The X-Men, and over 300 other characters for Marvel and DC comics), the slight by Marvel can be seen as atrocious. 

In his lifetime, Kirby only received 88 pages of original art back from Marvel, and this was with a contract attached to it which clearly stated (in legal terms) that the rest of Kirby's work and the characters he created for them, along with his image, voice, and biographical material could be used at their own discretion, without ever having to pay him a cent in royalties. You can read his contract in the archives of The Comics Journal. This contract was upheld when Kirby cashed his paycheck to support himself and his family.

And now, Marvel is cashing in big time. Last year, the Iron Man, X-Men, and Thor movies raked in a combined billion dollars in box office receipts. The Avengers is expected to make that billion dollars by itself. And nothing will go to Kirby's family nor to his legacy, dissenters say.

But those who champion Kirby's name understand that they can't stop the masses from making this one of the biggest movies of the year (and maybe all time), for critical reception across the board is filled with rave reviews. So they suggest a solution: for every dollar you spend on the movie, give equal amount to The Kirby Museum.

The Kirby Museum's mission is 'to promote and encourage the study, preservation and appreciation of the work of Jack Kirby." While it is only in online form at this moment, the non-profit group is raising funds to create a 'pop-up' location in Manhattan's Lower East Side where Kirby grew up as a kid. 

Ultimately, it is up to you on how you decide to spend your money. All that I, and many other Kirby fans out there, ask is that you consider at whose expense, and whose genius, your entertainment comes from.
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