Documente Academic
Documente Profesional
Documente Cultură
Appeal From The United States District Court for the Southern
District of New York,
Civil Case No. 10-141 (CM) (KF), Hon. Colleen McMahon
Appeal From The United States District Court for the Southern
District of New York,
Civil Case No. 10-141 (CM) (KF), Hon. Colleen McMahon
TABLE OF CONTENTS
i
Case 11-3333, Document 74, 01/26/2012, 509510, Page4 of 301
ii
Case 11-3333, Document 74, 01/26/2012, 509510, Page5 of 301
INDEX TO APPENDICES
Joint Appendix
iii
Case 11-3333, Document 74, 01/26/2012, 509510, Page6 of 301
iv
Case 11-3333, Document 74, 01/26/2012, 509510, Page7 of 301
v
Case 11-3333, Document 74, 01/26/2012, 509510, Page8 of 301
vi
Case 11-3333, Document 74, 01/26/2012, 509510, Page9 of 301
vii
Case 11-3333, Document 74, 01/26/2012, 509510, Page10 of 301
viii
Case 11-3333, Document 74, 01/26/2012, 509510, Page11 of 301
ix
Case 11-3333, Document 74, 01/26/2012, 509510, Page12 of 301
x
Case 11-3333, Document 74, 01/26/2012, 509510, Page13 of 301
xi
Case 11-3333, Document 74, 01/26/2012, 509510, Page14 of 301
xii
Case 11-3333, Document 74, 01/26/2012, 509510, Page15 of 301
xiii
Case 11-3333, Document 74, 01/26/2012, 509510, Page16 of 301
xiv
Case 11-3333, Document 74, 01/26/2012, 509510, Page17 of 301
xv
Case 11-3333, Document 74, 01/26/2012, 509510, Page18 of 301
xvi
Case 11-3333, Document 74, 01/26/2012, 509510, Page19 of 301
Confidential Appendix
xvii
Case 11-3333, Document 74, 01/26/2012, 509510, Page20 of 301
xviii
Case 11-3333, Document 74, 01/26/2012, 509510, Page21 of 301
Special Appendix
xix
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page22 Page
Filed 02/25/11 of 3011 of 16
EXHIBIT 7
JA515
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page23 Page
Filed 02/25/11 of 3012 of 16
Page 1
1 SUSAN MERYL KIRBY
2 UNITED STATES DISTRICT COURT
3 SOUTHERN DISTRICT OF NEW YORK
4
5 _______________________________
)
6 MARVEL WORLDWIDE, INC., MARVEL)
CHARACTERS, INC., AND MVL, )
7 RIGHTS, LLC, )Civil Action No.:
)10 CIV. 141
8 Plaintiffs,)(CM) (KNF)
v. )
9 )
LISA R. KIRBY, BARBARA J. )
10 KIRBY, NEIL L. KIRBY, )
AND SUSAN KIRBY, )
11 )
Defendants.)
12 )
______________________________)
13
14
15 VIDEOTAPED
16 DEPOSITION OF: SUSAN MERYL KIRBY
17 DATE: October 25, 2010
18 TIME: 10:00 a.m.
19 HELD AT: Ethan Allen Hotel
21 Lake Avenue Extension
20 Danbury, Connecticut
21
JA516
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page24 Page
Filed 02/25/11 of 3013 of 16
Page 9
1 SUSAN MERYL KIRBY
2 you?
3 A. She was in California. I don't remember her
4 residence address. She had an apartment there in, I
5 don't remember what town, somewhere near Ventura.
6 Q. Do you know how long she had been in
7 California before moving back?
8 A. Several years, because she had lived with my
9 parents before she got her own place.
10 Q. Would you tell me when your birth date was?
11 A. 12/6/45.
12 Q. You are the daughter or one of the daughters
13 of Jack Kirby, right?
14 A. Yes, the eldest.
15 Q. Do you have any memory of being present while
16 your father worked on projects involving Marvel
17 characters?
18 A. Yes.
19 Q. Do you have any recollection of discussing
20 with your father the work he was doing for Marvel?
21 A. Yes. I was in his office a lot, because he
22 had a vast library of books, because he was into
23 everything. And I used to go down there and read, so
24 I used to read his books, and stuff, and one day I was
25 upstairs, and mom told me to go downstairs because Dad
JA517
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page25 Page
Filed 02/25/11 of 3014 of 16
Page 10
1 SUSAN MERYL KIRBY
2 was creating some new super heroes. So I went
3 downstairs, and he said, "I want you to see this." He
4 said, I named the female super hero after you, her
5 name is Sue," Sue Storm he was talking about, it was
6 the Fantastic Four.
7 Q. Do you remember what year that was?
8 A. Oh, gosh, I was a teenager, that is all I
9 remember, maybe 15 or 16, so 1961, '62.
10 Q. And when you went downstairs did you discuss
11 with your father what he was doing?
12 A. Yes.
13 Q. What did you say to him? What did he say to
14 you?
15 A. I said it looked great. There were three
16 characters on the board, three of the four. And I
17 asked about who they are, and he told me who each one
18 was. And I said, "It looks great, they look great".
19 Q. Do you recall anything else being said
20 between the two of you at that time?
21 A. Not at that particular conversation, no.
22 Q. How long would you say you had that
23 conversation with your father?
24 A. Oh, about an hour or so.
25 Q. And do you know what conversations, if any,
JA518
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page26 Page
Filed 02/25/11 of 3015 of 16
Page 11
1 SUSAN MERYL KIRBY
2 occurred between your father, and anyone at Marvel
3 prior to his working on that?
4 A. No, I wasn't present.
5 Q. Did your father ever tell you what
6 conversations, if any, had occurred before this
7 conversation you had with him?
8 A. No, he did not.
9 Q. Did your mother say anything to you about the
10 work your father was doing, other than that he was --
11 A. Just that she was upset because he never
12 slept. He was always working. Even when he wasn't
13 selling something to Marvel, he was always creating
14 murals, and all kinds of things, his conception of
15 God. His mind was always going.
16 Q. Did you ever have a discussion with any of
17 your siblings concerning your father's work?
18 A. We always talked about Dad's work. That was
19 the main thing in the family.
20 Q. Would you summarize your educational
21 background for me, beginning in the year you graduated
22 from high school?
23 A. That was '63. And I went to college for a
24 year. So from '64 to '65 I was in college.
25 Q. Okay. Where did you graduate from high
JA519
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page27 Page
Filed 02/25/11 of 3016 of 16
Page 27
1 SUSAN MERYL KIRBY
2 A. Because I have seen him do it.
3 Q. Do you know if prior to you witnessing your
4 father writing, he had had any discussions with anyone
5 at Marvel?
6 A. Not that I am aware of.
7 Q. Do you know that he -- do you know one way or
8 the other whether such discussions occurred?
9 A. No, I don't.
10 MR. TOBEROFF: Vague as to discussions.
11 BY MR. FLEISCHER:
12 Q. You said, "I think," that you saw your father
13 writing.
14 A. Yes.
15 Q. What form has that writing taken place?
16 A. As he draws he fills in the bubbles. He kind
17 of invented all his "Pow, Slam" stuff, that they use
18 today. That is how he wrote. He wrote sentences,
19 conversations between the characters, just off the top
20 of his head.
21 Q. Is it your testimony that you witnessed your
22 father drawing the dialogue bubbles, and story
23 narrative in the panels he was drawing?
24 A. Yes, I have witnessed it.
25 Q. Do you know whether the works that were
JA520
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page28 Page
Filed 02/25/11 of 3017 of 16
Page 28
1 SUSAN MERYL KIRBY
2 published by Marvel contained the words that your
3 father had put in those bubbles, and narrative boxes?
4 A. To my knowledge, they were.
5 Q. Did you read comic books as a kid?
6 A. Yes, all kinds.
7 Q. Did you have a specific recollection of
8 seeing a comic book containing the dialogue that you
9 saw your father write?
10 A. Fantastic Four, Volume I.
11 Q. Do you know if your father had been given any
12 direction by Marvel prior to the time he began working
13 on Fantastic Four?
14 A. Not that I am aware of.
15 Q. Did anyone ever tell you that a synopsis of
16 Fantastic Four had been given to your father?
17 A. No, I had never seen him with one.
18 Q. Are you acquainted with Stan Lee?
19 A. I met him once when I was a child.
20 Q. What were the circumstances under which you
21 met him?
22 A. He came over the house for a drink with Mom
23 and Dad, him and his wife.
24 Q. Did you ever go to the office of Marvel as a
25 child?
JA521
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page29 Page
Filed 02/25/11 of 3018 of 16
Page 37
1 SUSAN MERYL KIRBY
2 siblings about acquiring the rights to any works your
3 father contributed to, published by someone other than
4 Marvel?
5 A. No, I have never had that conversation.
6 Q. Did you have an understanding when you were
7 living in East Williston about the economic terms of
8 your father's relationship with any publisher?
9 A. Well, I knew that Marvel paid him by the
10 page, and that he and mom used to argue about it,
11 because he would be up all night doing pages, and
12 Marvel would say, "Well, we don't want to buy this."
13 Then they would go ahead and make him do the whole
14 thing over again, and he would just get paid for the
15 artwork that he did over again. So he was doing
16 things twice, and getting half the money.
17 Q. When do you recall hearing a conversation to
18 that effect?
19 A. Early '60's, late '50's.
20 Q. Do you know what character or characters were
21 involved in those discussions?
22 A. No.
23 Q. Was there any mention of who it was that was
24 asking your father to redo pages or correct pages?
25 A. From what I recall Stan Lee.
JA522
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page30 Page
Filed 02/25/11 of 3019 of 16
Page 41
1 SUSAN MERYL KIRBY
2 A. No, sir.
3 Q. Are you aware of any particular comic book or
4 comic book character that your father worked on before
5 receiving an assignment from Marvel?
6 MR. TOBEROFF: Misstates testimony.
7 THE WITNESS: No, sir.
8 MR. TOBEROFF: Lacks foundation.
9 BY MR. FLEISCHER:
10 Q. Did you ever have occasion to discuss any
11 assignment your father had received from Marvel?
12 MR. TOBEROFF: Asked and answered. You can
13 answer.
14 THE WITNESS: No.
15 BY MR. FLEISCHER:
16 Q. Did you ever discuss with your father any of
17 his contributions to any of the characters that were
18 published by Marvel?
19 A. I just saw him create. That is all I saw.
20 Q. Did you ever discuss what he was drawing with
21 him?
22 A. No, there was no discussion that I recall,
23 just telling me what was going on in the scripts, and
24 strips, I don't know what you call them.
25 Q. Do you have any knowledge about the
JA523
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page31Page
Filed 02/25/11 of 301
10 of 16
Page 42
1 SUSAN MERYL KIRBY
2 circumstances of the creation of the Spiderman comic
3 book character?
4 A. That is not Dad's. I think he did the
5 costume. I think he originated the costume, but not
6 the character itself.
7 Q. How did you come to that understanding?
8 A. I believe someone told me, maybe my mother, I
9 recall.
10 Q. What were the circumstances under which she
11 told you that?
12 A. We were discussing the character, because my
13 brother liked Spiderman. He was a little kid at the
14 time. We were just talking about it. It came up in
15 the conversation.
16 Q. Do you recall your brother asking about
17 whether your father had created Spiderman?
18 A. Yes, he did ask.
19 Q. What did your father say?
20 A. I don't think my father was there. It was
21 just my mother. She said he created Spiderman's
22 costume.
23 Q. Did your mother ever discuss with you any
24 other characters that were published by Marvel that
25 your father created or didn't create?
JA524
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page32Page
Filed 02/25/11 of 301
11 of 16
Page 43
1 SUSAN MERYL KIRBY
2 A. Well, the Incredible Hulk. I was there when
3 he was creating him. He called me over, and said, "I
4 want you to see a new super hero." He said, "This is
5 the Incredible Hulk. What do you think of him?" I
6 said, "He is incredible."
7 Q. Do you remember what color he was?
8 A. Green, yes.
9 Q. Was he green on your father's drawing board?
10 A. No, he was black and white, but I remember
11 the color he was in the books.
12 Q. Was he -- when you saw it on the drawing
13 board, was it inked?
14 A. No, it was pencil.
15 Q. Was there any dialogue written on the
16 drawing?
17 A. No, it was just a drawing of the Hulk. He
18 had just started working on it.
19 Q. Do you know whether he had had any
20 conversations with anyone at Marvel before that about
21 the Hulk character?
22 A. I have no idea.
23 Q. Have you ever discussed the characters that
24 your father worked on for Marvel with anyone other
25 than Mr. Toberoff and your siblings?
JA525
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page33Page
Filed 02/25/11 of 301
12 of 16
Page 52
1 SUSAN MERYL KIRBY
2 publishers?
3 A. I don't know.
4 Q. Do you know whether your father was ever
5 working on a publication deadline?
6 A. He was always on a deadline. He used to work
7 20 hours a night sometimes.
8 Q. Do you know who give him that deadline or
9 deadlines?
10 A. Stan Lee.
11 Q. How do you know that?
12 A. I just remember Dad was always saying, I have
13 to make a deadline. I have to get this done. I have
14 to get that done.
15 Q. Are you aware of -- strike that. Were you
16 aware of your father leaving Marvel's -- withdrawn.
17 Were you aware of your father ceasing to
18 submit work to Marvel sometime in the 1970's?
19 A. I don't recall. I wasn't home then.
20 Q. Were you aware of your father beginning to
21 work exclusively for DC Comics?
22 A. No.
23 Q. Are you aware of whether your father owned
24 any rights to the work he submitted to DC Comics?
25 A. I don't know. I guess he did.
JA526
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page34Page
Filed 02/25/11 of 301
13 of 16
Page 59
1 SUSAN MERYL KIRBY
2 Q. Do you recall whether it was in pencil when
3 you saw it or ink?
4 A. It was in pencil.
5 Q. Were there any dialogue balloons?
6 A. There were balloons, but there was nothing in
7 them yet.
8 Q. Did your father ever discuss the work he was
9 doing on the X-Men comic book?
10 A. No.
11 Q. Did your father ever indicate whether or not
12 he was working with a writer on X-Men?
13 A. No.
14 Q. Did your father ever indicate where the idea
15 for the X-Men story came from?
16 A. No.
17 Q. Do you have a recollection of the names of
18 any of the X-Men characters?
19 A. No.
20 Q. Did you ever see one of the X-Men movies?
21 A. Is that the one with Wolverine in it?
22 Q. Yes.
23 A. Yes, I saw one.
24 Q. Let's focus for a second on Ant Man?
25 A. I don't even know who that is.
JA527
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page35Page
Filed 02/25/11 of 301
14 of 16
Page 60
1 SUSAN MERYL KIRBY
2 Q. Do you know whether your father had any
3 association with Ant Man?
4 A. I have never heard of it before.
5 (Plaintiff's Exhibit 1 marked for
6 identification.)
7 BY MR. FLEISCHER:
8 Q. Ms. Kirby, have you ever seen what we have
9 marked for identification as Susan Kirby Number 1, and
10 take your time to look through it.
11 A. I see my name on it as a plaintiff.
12 Q. I am sorry. You mean on the sticker that the
13 reporter just put on?
14 A. Yes.
15 Q. Apart from that?
16 A. I don't see anything.
17 Q. Do you know who wrote what is on this page?
18 A. Yes, Dad.
19 Q. And did your father have a typewriter?
20 A. A typewriter, no. He may have had one of
21 those old typewriters, not an electric one.
22 Q. Did he, with respect to Fantastic Four, write
23 out a synopsis or a script for Fantastic Four?
24 A. No.
25 Q. What is the basis for your statement that
JA528
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page36Page
Filed 02/25/11 of 301
15 of 16
Page 64
1 SUSAN MERYL KIRBY
2 character, my intention is to ask you whether that was
3 the first iteration of the character, the invention of
4 the character?
5 A. Yes.
6 Q. With respect to Rawhide Kid, do you have any
7 information about who invented Rawhide Kid?
8 A. That would be my Dad.
9 Q. How do you know that?
10 A. I believe I was told.
11 Q. By whom?
12 A. My father.
13 Q. What did he say in that regard?
14 A. I don't really recall the exact words. It
15 was one of his comic books in the library, and I was
16 reading it. I asked, you know, is this one of yours,
17 and he said, yes. That is all I remember.
18 Q. Did you ever see him at work on a Rawhide Kid
19 comic book?
20 A. No.
21 Q. Would I be correct, then, that you would not
22 have any information as to whether or not he had been
23 assigned the project of working on a comic book called
24 Rawhide Kid?
25 A. You would be correct.
JA529
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-7 509510, Page37Page
Filed 02/25/11 of 301
16 of 16
Page 76
1 SUSAN MERYL KIRBY
2 A. I don't recall.
3 Q. Do you disagree with the substance of the
4 statement made in that paragraph?
5 MR. TOBEROFF: Objection, calls for legal
6 conclusion. It is a legal document. She is not a
7 lawyer. Uses terms of art.
8 BY MR. FLEISCHER:
9 Q. He hasn't directed you not to answer the
10 question.
11 A. I don't know.
12 Q. Do you have any information as to whether the
13 work that your father did, published by Marvel, was
14 done as a result of an assignment your father received
15 from Marvel?
16 A. Not that I know of.
17 Q. What information do you have that would lead
18 you to conclude that it was not done as a result of an
19 assignment?
20 A. I can't conclusively say so. I don't have
21 any knowledge.
22 Q. You don't know one way or another?
23 A. Yes.
24 Q. Are you aware of whether any of the
25 counterclaims asserted by you and your siblings
JA530
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page38 Page
Filed 02/25/11 of 3011 of 22
EXHIBIT 8
JA531
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page39 Page
Filed 02/25/11 of 3012 of 22
Page 1
1 UNITED STATES DISTRICT COURT
2 CENTRAL DISTRICT OF NEW YORK
3
4 MARVEL WORLDWIDE, INC., MARVEL )
CHARACTERS, INC., and MVL RIGHTS,)
5 LLC, )
)
6 Plaintiffs, )
) CASE NO.
7 vs. ) 10 CV 141 (CM)(KNF)
) Pages 1 - 192
8 LISA A. KIRBY, BARBARA J. KIRBY, )
NEAL L. KIRBY and SUSAN N. KIRBY,)
9 )
Defendants. )
10 _________________________________)
11
12 VOLUME I
13 VIDEOTAPED DEPOSITION OF MARK EVANIER
14 LOS ANGELES, CALIFORNIA
15 TUESDAY, NOVEMBER 9, 2010
16
17
18
19
20
21
22 REPORTED BY:
LESLIE L. WHITE
23 CSR NO. 4148
JOB NO.: 34167
24
25
JA532
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page40 Page
Filed 02/25/11 of 3013 of 22
Page 27
1 Q Now you mentioned that you saw him a lot
2 during that period, let's say from 1972 until his death
3 in -- I believe it was 1994, was it?
4 A I should know this. '94 I believe, yes.
5 Q During that period of time I take it you
6 remained in close contact with Mr. Kirby?
7 A Yes, I did.
8 Q Is that a fair statement?
9 A That is a fair statement, yes.
10 Q And you would have dinners with the family,
11 among other things?
12 A From time to time, yes.
13 Q And, in fact, Mr. Kirby became a very close
14 friend of yours; isn't that right?
15 A I would like to think so.
16 Q And you stated publicly that he treated you
17 like family; isn't that right?
18 A I may have said that at times, yes. I
19 actually --
20 Q And, indeed, he even introduced as his son
21 Mike from time to time?
22 A He made that slip once, yes.
23 Q And it's fair to say that over that period of
24 time you came to idolize Jack Kirby, didn't you?
25 A I would never -- I would not use the word
JA533
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page41 Page
Filed 02/25/11 of 3014 of 22
Page 59
1 A No, they were not.
2 Q And I take it that some of them eventually
3 ended up at DC; is that right?
4 A DC and other places, yes, other companies.
5 Q Now focusing on the "other" category, the
6 category that you say Mr. Kirby told you about, the
7 rejected pages, what did Mr. Kirby tell you about those?
8 A He showed me pages that -- well, he showed me
9 pages that were from old -- that I recognized, and which
10 he confirmed were recent issues of Thor or Fantastic
11 Four -- there might been some Captain Americas in
12 there -- pages that Marvel had sent back to him because
13 they wanted something different, they wanted the pages
14 changed. In some cases he had erased pages and sent
15 them back, but in some cases it was easier for him or
16 necessary for him because the requests for revision were
17 so extensive that he drew on fresh paper.
18 He also -- and he showed me -- not on my first
19 visit with him, but on a subsequent visit -- he showed
20 me a story in progress that he had to do extensive
21 revisions on in order to get Marvel to accept.
22 Q Now you indicated that he had to do extensive
23 revisions. Did he tell you when he submitted these who
24 he submitted them to at Marvel?
25 A Um, I believe -- I don't know that he told me
JA534
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page42 Page
Filed 02/25/11 of 3015 of 22
Page 60
1 specifically. I just assumed they were submitted to
2 Stan Lee.
3 Q To the editor?
4 A Yes.
5 Q And was it your understanding that from time
6 to time the editor, whether it was Stan Lee or later,
7 whoever replaced Stan Lee, that they would ask for
8 changes in the work done by Mr. Kirby?
9 A Well, first of all, if we're talking about the
10 material he showed me in 1969 --
11 (Speaking simultaneously.)
12 BY MR. QUINN:
13 Q Yes, let's focus on that material.
14 A -- then there would not be subsequent
15 editors --
16 Q Fair enough --
17 A -- because Stan was the editor --
18 Q Fair enough.
19 A Let's see -- now can I have the question
20 again?
21 Q Sure.
22 A All right.
23 Q Based on what Kirby told you, was it your
24 understanding that from time to time Stan Lee, the
25 editor, would ask Mr. Kirby to make changes in some of
JA535
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page43 Page
Filed 02/25/11 of 3016 of 22
Page 61
1 the artwork he submitted?
2 A Yes. He would also just reject, say, "I don't
3 like the end of this story. Do something different with
4 it."
5 Q And, in fact, Mr. Kirby would then go back and
6 make a change or come up with a new ending; is that
7 fair?
8 A Yes, that is correct.
9 I might also add that Jack also complained to
10 me that pages were being rejected, but not returned to
11 him; that the art was -- he was not getting the pages
12 back that he felt he was owed.
13 Q When did he tell you this?
14 A 1969, when I first met him.
15 Q All this time when you were 17 years old?
16 A Yes.
17 Q Okay.
18 A And he subsequently talked about it in later
19 years.
20 Q And it's correct, is it not, that after the
21 changes were made they would be resubmitted for approval
22 by Mr. Lee?
23 A Jack would redo the material and send it back.
24 Q And when he redid the material and sent it
25 back, he would get his page rate; correct?
JA536
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page44 Page
Filed 02/25/11 of 3017 of 22
Page 62
1 A For the -- yeah, for the -- yes.
2 Q For the redone material.
3 A Well, he got the page rate for the story. I
4 mean, Jack's complaint was that when he -- if he had to
5 draw 26 pages for a 20-page story, he was only paid for
6 20 pages.
7 Q And that's a complaint he made to you?
8 A Yes. And his wife complained about that a lot
9 also.
10 Q Let me see if I have this right. He submits a
11 story, and Lee says to him, "You got to change four
12 pages" --
13 A Yes. Excuse me, let me amend that. I don't
14 know that Stan would specifically say, "Change four
15 pages --"
16 Q Okay.
17 A -- he might just say --
18 Q "I don't like this"?
19 A -- "I don't like the ending of the story. I
20 want something else."
21 Q Fine. And Kirby would go back, redo the
22 ending of the story, resubmit it and then get paid for
23 the story?
24 A Correct.
25 Q Okay. Now when did you meet Stan Lee for
JA537
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page45 Page
Filed 02/25/11 of 3018 of 22
Page 87
1 and that that is how the comic was created.
2 Q Do you agree with Mr. Lee's statement -- it is
3 also his testimony, but let's put it aside -- you're
4 familiar with the statement that the Fantastic Four came
5 about, at least in part, because of a discussion that he
6 had with Martin Goodman -- by the way, do you know who
7 Martin Goodman is?
8 A Yes, I do.
9 Q Did you ever meet him?
10 A I shook hands with him in a hallway very
11 briefly.
12 Q Many, many years ago?
13 A 1970, the same meeting.
14 Q Same meeting?
15 A It was not the same day actually. It was a
16 day or two afterwards.
17 Q Other than shaking hands with Mr. Goodman, you
18 have never had a substantive conversation with him;
19 correct?
20 A That is correct.
21 Q Go back. Do you agree with Mr. Lee's
22 statements that the Fantastic Four, at least in part,
23 came about as a result of discussions that Mr. Lee had
24 with Mr. Goodman in connection with the idea of coming
25 up with a group of superheroes?
JA538
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page46 Page
Filed 02/25/11 of 3019 of 22
Page 88
1 A My understanding is that Mr. Goodman said to
2 Mr. Lee, "I see DC Comics has some very decent sales on
3 what is called the Justice League of America. We should
4 try a comic like that."
5 Mr. Lee, in many interviews, said as I
6 related, that Mr. Goodman had played golf with
7 Jack Leibowitz, who was the head of DC Comics at the
8 time, and that Leibowitz had bragged about the sales of
9 Justice League, and that that prompted Mr. Goodman to
10 come back from the golf game and say, "We should -- we
11 should create a comic like that."
12 Mr. Lee has told this story on many occasions.
13 Mr. Leibowitz, when he was interviewed, said he never
14 played golf with Goodman in his entire life.
15 So based on that, I tend to disbelieve at
16 least that part of Mr. Lee's story.
17 Q So you think Lee is just lying about it?
18 A No, I think he just is being casual about the
19 record.
20 Q Have you seen the document that is -- I guess
21 was it a plot outline -- a document that I guess it has
22 come to have the term "synopsis" with regard to the
23 first issue of the Fantastic Four?
24 A Yes, I have.
25 Q And are you -- when did you first see that
JA539
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page47Page
Filed 02/25/11 of 301
10 of 22
Page 91
1 deposition of Mark Evanier. We're off the record at
2 11:42 a.m.
3 (A recess was taken from
4 11:42 a.m. to 11:56 a.m.)
5 THE VIDEOGRAPHER: This is the beginning of disc
6 No. 2 in the deposition of Mark Evanier. We're on the
7 record at 11:56 a.m.
8 BY MR. QUINN:
9 Q Mr. Evanier, just to close this particular
10 loop, so it was your understanding, with regard to the
11 Fantastic Four, that Mr. Kirby and Mr. Lee sat down
12 beforehand and discussed the plot and the storyline,
13 before it was published, before -- let me rephrase that.
14 A All right.
15 Q Was it your understanding that Kirby and Lee
16 sat down to discuss the plot and the storyline before
17 Mr. Kirby actually began to draw the characters?
18 A Yes, that is correct.
19 Q Okay.
20 A I actually didn't --
21 Q I'm sorry --
22 A I didn't finish my answer before the break
23 there.
24 Q Go ahead.
25 A You were asking me why I thought that the
JA540
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page48Page
Filed 02/25/11 of 301
11 of 22
Page 92
1 synopsis had followed a meeting with Jack's giving his
2 input.
3 Another reason is that the storyline of
4 Fantastic Four is very similar in a number of ways to a
5 comic Jack had done previously called the Challenger of
6 the Unknown, very similar structure to the characters.
7 It feels an awful lot more like Jack's earlier work than
8 anything that Stan had done to that date.
9 So I find it very difficult to believe that
10 Jack did not have input into the creation of the
11 characters prior to the -- that synopsis, whenever it
12 was composed.
13 And, also, I have the fact that I talked to
14 Stan many times, and he told me -- and he said it in
15 print in a few places -- that he and Jack had sat down
16 one day and figured out what the Fantastic Four would
17 be.
18 Q And they discussed the plot before they
19 actually -- the drawings were done?
20 A They discussed the plot before the alleged
21 synopsis was done also.
22 Q And was it your understanding, with regard to
23 these other characters -- and we can go through all of
24 them, or just we can get a general understanding -- that
25 this was typically what was done, that Lee and Kirby
JA541
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page49Page
Filed 02/25/11 of 301
12 of 22
Page 93
1 would sit down together, discuss the plot, discuss the
2 storyline, and then Kirby would go and draw whatever he
3 was going to draw?
4 A Correct.
5 Q Now -- and at least in part, that
6 understanding is based on what Mr. Kirby told you?
7 A Mr. Kirby's accounts to me are part of my
8 understanding.
9 Q Right. And some of Mr. Lee's statements to
10 you are part of your understanding?
11 A That has also contributed to my
12 understanding --
13 Q What you read is part of your understanding?
14 A Yes.
15 MR. QUINN: Let me show you a document we will mark
16 this as Kirby -- Evanier 2. And this was a document
17 that I believe was produced from your files -- and the
18 reason I say that is, as you will see, it has your
19 initials, production initials on it.
20 (Exhibit 2 was marked for
21 identification by the Reporter.)
22 MR. TOBEROFF: He's referring to the "ME" at the
23 bottom.
24 THE WITNESS: Good, I get to be a code number.
25 ///
JA542
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page50Page
Filed 02/25/11 of 301
13 of 22
Page 111
1 sequence that was a story -- roughly concurrent, they
2 were all from about the same period of time, which would
3 have been '66 or so. '66 or '67.
4 Q So it's fair to assume that at least with
5 regard to some issues, in fact, Stan Lee did prepare
6 plot outlines?
7 A These were all plot outlines that were notes
8 for meetings where Jack had input, that they said in
9 them, "As we discussed in this," and such.
10 And I also do not know for sure that these
11 were Stan Lee prepared. They were filling the role that
12 Stan allegedly performed, but they may have been typed
13 up -- written by an editorial assistant who sat in the
14 meetings for all I know.
15 Q But you did refer to them here as "Stan Lee
16 plot outlines"?
17 A Yes, yes, I was being casual. They were
18 Stan Lee plot outlines, even if they were ghosted by
19 somebody else or typed up by somebody else, but they
20 were not necessarily all Stan's work.
21 Q And it's your understanding that Lee and Kirby
22 would have discussions, and then Stan Lee, or one of his
23 editorial assistants, would then create a plot outline
24 for Kirby to use in connection with his artwork?
25 MR. TOBEROFF: Objection. Overbroad. Which
JA543
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page51Page
Filed 02/25/11 of 301
14 of 22
Page 130
1 attention to that kind of thing."
2 Was that your understanding of how Jack
3 operated?
4 MR. TOBEROFF: Where is that?
5 MR. QUINN: Last sentence of the first paragraph.
6 THE WITNESS: Jack paid very little attention to
7 who inked his work, yes, that's correct.
8 BY MR. QUINN:
9 Q And two pages later there's a question, "Did
10 Jack really have a bad memory?"
11 And you write:
12 "By common definition yes...but I
13 think it was more a matter of his
14 mind wandering in 19 directions at
15 once. Every so often, he would
16 surprise me with some (apparently)
17 crystal-clear recollection of 30
18 years before."
19 And that was your understanding with regard to
20 Mr. Kirby's memory?
21 A Well, this is -- first of all, this is
22 something I wrote about 10 years ago. And I probably
23 would phrase it differently today. But Jack did -- you
24 know, he made mistakes, like a lot of people do.
25 Q When you're writing these answers to
JA544
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page52Page
Filed 02/25/11 of 301
15 of 22
Page 131
1 Frequently Asked Questions, you do try to be accurate,
2 don't you?
3 A Yes. Yes, I try to be accurate. I am not
4 speaking in lawyer language.
5 Q No, you're speaking in people language. I
6 understand that.
7 A I'm speaking in language that I think will be
8 understood by the kind of people who would come to the
9 website looking for information on Jack.
10 Are we done with 11?
11 Q We're done with 11, and we're going to skip
12 12.
13 A Okay.
14 Q Could you go to 13: And specifically there is
15 a question, "Did Jack design Spider-Man's costume?" Do
16 you see that?
17 A Yes.
18 Q And you answered, "No, Steve Ditko designed
19 the distinctive costume we all know and love."
20 And that's your understanding; right?
21 A Yes.
22 Q And then in the next paragraph you make
23 reference to (Reading):
24 "But for all the things Jack did
25 well, he was not great at being
JA545
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page53Page
Filed 02/25/11 of 301
16 of 22
Page 132
1 interviewed. He occasionally got
2 carried away or confused. There
3 were -- there was one interview
4 where, without realizing what he
5 was saying, he said he created
6 Superman. Needless to say he never
7 really believed that, but somehow
8 that is what came out of his
9 mouth."
10 You wrote that, didn't you?
11 A Yeah. Actually, when I originally wrote it
12 there was another paragraph after this -- which I guess
13 I deleted, because it is not in here -- talking about
14 how Stan Lee used to occasionally refer to Superman.
15 I was trying to point out that both guys
16 referred to Superman erroneously in print.
17 Q This is what you wrote?
18 A I wrote -- yes, I'm just saying there was
19 another paragraph here that I guess I deleted it.
20 Q You deleted that other paragraph --
21 A At some point, yes.
22 Q Then you go on later to say:
23 "In at least one such
24 conversation" -- this is a couple
25 lines down -- "he" referring to
JA546
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page54Page
Filed 02/25/11 of 301
17 of 22
Page 133
1 Jack -- "misspoke and claimed he
2 designed the costume for the final
3 version of Spider-Man."
4 Do you see that?
5 A Yes.
6 Q And he was mistaken about that, wasn't he?
7 A Yes.
8 Q And then at the last sentence you say:
9 "In this case, however, the cover
10 was drawn after Stan had rejected
11 one drawn wholly by Ditko"; right?
12 A Yes.
13 Q And originally it is your understanding that
14 with regard to Spider-Man, Lee had initially assigned it
15 to Jack Kirby, and then he switched it to Ditko;
16 correct?
17 A Originally Jack drew Spider-Man, and then they
18 stopped Jack, and Ditko took over.
19 Q And that was at Stan Lee's request, wasn't it?
20 A I would assume so.
21 Q And on the next page you wrote -- actually, in
22 the bottom of the next page -- or bottom of this page
23 under, "What did Jack do on the first stories of Iron
24 Man and Daredevil," you wrote, "The first Iron Man story
25 was wholly drawn by Don Heck"; correct?
JA547
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page55Page
Filed 02/25/11 of 301
18 of 22
Page 164
1 A I think there were a couple of other reasons,
2 yes.
3 Q What were the other reasons that you think
4 that they did that?
5 A I think they liked the idea that you were
6 dependent on them, that you worked -- that a freelancer
7 was at their financial mercy.
8 And if you worked out in Los Angeles there
9 seemed to be always this possibility you might get --
10 sell work to other people or get other sources of income
11 and would not then be so dependent on the company's page
12 rates.
13 Q Looking at what is page 66 in this article, in
14 the middle column --
15 A Uh-huh.
16 Q -- you say, referring to how it was until
17 recently (Reading):
18 "This was the way it was in comics
19 until very recently."
20 This was in 1984, so --
21 A Yeah.
22 Q (Continuing):
23 "If you had a great -- if you had
24 the greatest idea for a comic book,
25 the new Spider-Man, there was no
JA548
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page56Page
Filed 02/25/11 of 301
19 of 22
Page 165
1 American comic book publisher to
2 whom you could take the damn thing
3 and share in its success. No one.
4 They wouldn't guarantee you
5 creative control of it, they
6 wouldn't guarantee you a continuing
7 credit on it, they wouldn't
8 guarantee not to fire you and bring
9 in someone else."
10 That was your understanding; correct?
11 A Yes.
12 Q Jones, the questioner, says: "Wasn't this
13 negotiable?"
14 And you say, "No, they had a policy."
15 Correct?
16 A Yes, I said that.
17 Q That was your understanding?
18 A Yes.
19 Q In the next paragraph -- the next column, I'm
20 sorry, there is a reference to -- you say:
21 "I was there for some of this.
22 DC's publisher was sitting in a
23 very expensive suite at the Beverly
24 Hills Hotel telling Jack that DC
25 could not pay royalties, they could
JA549
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page57Page
Filed 02/25/11 of 301
20 of 22
Page 166
1 not and would not ever give anyone
2 a profit participation."
3 Do you see that?
4 A Yes.
5 Q And then you go on to say: "I heard executives
6 at Marvel essentially saying the same thing," and that
7 was your understanding at the time; right?
8 A Yes.
9 Q They wouldn't pay royalties, they wouldn't
10 give a profit participation, would they?
11 A Right.
12 Q Bottom of page 69, first column, very bottom,
13 you talking (Reading):
14 "He's tough for me to talk
15 about" -- referring to Jack --
16 "because we're practically family.
17 In fact, you know, Jack has a bad
18 memory at times. I have known him
19 over 15 years, and he always
20 introduces me to people as Mike,
21 and he sometimes introduces me as
22 his son."
23 So actually he did it more than once, didn't
24 he?
25 A No, I think he only did it once.
JA550
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page58Page
Filed 02/25/11 of 301
21 of 22
Page 168
1 BY MR. QUINN:
2 Q Bottom of page 78, the third column --
3 A Uh-huh.
4 Q -- you state:
5 "I can say with some authority --
6 and with quotes from both Stan and
7 Jack to back me up and much
8 existing paperwork -- that most of
9 the Lee and Kirby comics were done
10 as follows. Stan and Jack
11 sometimes get together and talk out
12 the direction of the story, and
13 then Stan would sometimes type up a
14 plot outline incorporating both
15 their ideas. That's sometimes, not
16 always. At some point, Jack would
17 go to the drawing board and pencil
18 out 20 pages or whatever, writing
19 notes in the margin as to what was
20 going on. If you come across Kirby
21 original art of the period, you can
22 see his notes in the margins
23 explaining to Stan what was going
24 on. Now, in some cases Jack would
25 have a discussion with Stan. In
JA551
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-8 509510, Page59Page
Filed 02/25/11 of 301
22 of 22
Page 169
1 some cases, he'd have a short plot
2 outline. In some cases, he'd have
3 absolutely nothing at all; he'd
4 just pencil the issue out, and when
5 he handed it in, Stan would find
6 out that the story was about. Stan
7 would then take the pages home and
8 write the copy and that would go --
9 that would go in the balloons. In
10 some cases he would take Jack's
11 marginal notes and turn them into
12 presentable speech and use them.
13 In other cases, he would deviate
14 from what Jack intended, as much as
15 anyone can deviate when the page is
16 already drawn, and the poses and
17 attitudes of characters are set."
18 Now was that your effort to describe what came
19 to be known as the "Marvel method"?
20 A That was my attempt to describe the way Lee
21 and Kirby worked at the time.
22 Q And did that particular description come to be
23 known in comic book circles as the "Marvel method"?
24 A Loosely, yes.
25 Q On page 83 in this interview in the first
JA552
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page60 Page
Filed 02/25/11 of 3011 of 28
EXHIBIT 9
JA553
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page61 Page
Filed 02/25/11 of 3012 of 28
Page 1
1 UNITED STATES DISTRICT COURT
2 CENTRAL DISTRICT OF NEW YORK
3
23
JA554
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page62 Page
Filed 02/25/11 of 3013 of 28
Page 40
1 period of time. You would agree with me, would you not,
2 that under these circumstances a man like Mr. Goodman was
3 -- did have significant financial risk as a result of the
4 nature of the industry?
5 A. I would not necessarily agree with that
6 depending on the definition of "significant."
7 Q. Well, he was at financial risk, was he not, as
8 to whether or not a particular comic book would be
9 successful; correct?
10 A. He was at some financial risk, probably. Yes.
11 Q. You indicated here, among other things, that
12 he borrowed funds. That would be a financial risk,
13 wouldn't it?
14 A. Yes.
15 Q. And if a particular line of comics failed,
16 that would -- he would incur financial risk as a result of
17 that, wouldn't he?
18 A. Some financial risk. Yes.
19 Q. And, in fact, as I believe you testified,
20 publishers like Mr. Goodman often had comic books that
21 were not successful and that they had to discontinue;
22 correct?
23 A. Yes. I would phrase it slightly differently
24 than that, but I would say they often had books that they
25 discontinued because they believed they were not
JA555
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page63 Page
Filed 02/25/11 of 3014 of 28
Page 41
1 successful or would not be successful. One of my key
2 opinions about Mr. Goodman is that he was frequently wrong
3 about that.
4 Q. But -- I will come back to that.
5 A. All right.
6 Q. You would agree, would you not, that if a book
7 had to be discontinued or was discontinued, it was because
8 the publisher concluded, rightly or wrongly, that it
9 wasn't going to make money?
10 A. There were occasional other reasons to
11 discontinue a comic.
12 Q. Putting aside the other reasons, one of the
13 reasons for sure was that the publisher made a
14 determination that he couldn't make money with a
15 particular comic book line; --
16 MR. TOBEROFF: Vague.
17 Q. -- correct?
18 A. Hold on. Putting aside the other -- putting
19 aside the other issues -- I'm sorry. The question is
20 confusing me.
21 Q. You testified that --
22 A. It sounds like you're asking me: Aside from
23 the fact that -- aside from the cases that he discontinued
24 because he wasn't making money wasn't the only reason he
25 discontinued wasn't that he was making money.
JA556
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page64 Page
Filed 02/25/11 of 3015 of 28
Page 42
1 Q. I will rephrase it.
2 A. Let me try this. Maybe this will make it
3 simpler. Publishers made determinations to discontinue
4 books. Sometimes they were forced to discontinue them by
5 the distributors for content reasons. Sometimes they were
6 forced to discontinue them for rights reasons. Sometimes
7 they had opinions that the book would not -- did not sell
8 or would not sell. Sometimes they were right; sometimes
9 they were wrong. There were a myriad of reasons to cancel
10 a comic.
11 But if your question is: Did they cancel
12 books because they thought they were losing money? Then
13 the answer is: Yes, that was a very frequently a reason.
14 Q. Okay. That's fine.
15 A. All right.
16 Q. You mentioned that Mr. Goodman borrowed money
17 in order to set up his company. Do you happen to know who
18 he borrowed it from and how much?
19 A. No. I don't know that.
20 Q. And you also had mentioned that you made notes
21 after having been to Marvel offices from time to time to
22 put down things that you wanted to remember. Did you keep
23 those notes?
24 A. Not to this day.
25 Q. Looking at your report again on page 5. Let's
JA557
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page65 Page
Filed 02/25/11 of 3016 of 28
Page 56
1 self-explanatory, but --
2 Q. Let me focus for a second on when you say
3 "co-created," what do you mean by "co-created"?
4 A. Co-created would be when the creation would
5 probably be credited to more than one person. So each of
6 the creators would be a co-creator.
7 Q. Now, focusing on this period between 1958 and
8 1963, and the particular comic book characters that are
9 the subject matter at issue in this case, what conclusions
10 did you reach with regard to whether those characters were
11 created solely by Mr. Kirby or were created or co-created,
12 rather, by Mr. Kirby and others, focusing specifically
13 with regard to on Mr. Lee?
14 MR. TOBEROFF: Vague.
15 A. Let me have it one more time.
16 MR. QUINN: Yeah, read it back.
17 (The record was read.)
18 A. I believe that the characters -- let me put it
19 this way. I believe that the properties Fantastic Four,
20 The Hulk, Thor, several others here, the overall
21 properties were co-created by Stan Lee and Jack Kirby.
22 Q. And what opinions or conclusions did you reach
23 as to how that co-creation process worked?
24 A. My understanding is that the two of them would
25 sit down. They'd bring in rough ideas they might have had
JA558
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page66 Page
Filed 02/25/11 of 3017 of 28
Page 57
1 apart, throw them back and forth like any collaboration.
2 Jack would offer ideas for characters. Stan would offer
3 ideas for characters. Some ideas would get discarded.
4 Some ideas would get expanded upon. And then they would
5 emerge with some idea of what Jack was going to go home
6 and draw.
7 Jack would draw the story. If it was 20
8 pages, he would draw 20 pages of material. He would bring
9 it back. Assuming that Stan didn't -- assuming that Stan
10 was happy with what Jack brought in, Stan would then write
11 the copy, the dialogue, the captions on the pages. And
12 then the work would proceed from that through lettering,
13 and inking, and coloring, and publishing.
14 Q. Now, do you have any evidence or did you reach
15 any conclusion or have an opinion as to whether Kirby had
16 created or co-created any of these characters prior to
17 when he returned to Marvel in 1958? And we're focusing on
18 these particular characters.
19 A. On which particular characters were you
20 focusing on?
21 Q. The ones you mentioned.
22 A. The ones I mentioned? I believe Jack had
23 previously done, in some cases, antecedents that were a
24 starting point. He came in with ideas that were then
25 later shaped with input from Stan.
JA559
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page67 Page
Filed 02/25/11 of 3018 of 28
Page 100
1 time is 12:28 p.m. and we are back on the record. And
2 this marks the beginning of Disk No. 3, the Deposition of
3 Mark Evanier.
4 Q. BY MR. QUINN: Before we took a break, we were
5 talking about the statement in your report in the Superman
6 case on the discussion of your understanding of the nature
7 of the work for hire relationship, and specifically the
8 reference you made to receiving some measure of
9 supervision as a factor in determining whether or not a
10 particular work was a work for hire.
11 And I was asking you what you meant by the
12 phrase, "receiving some measure of supervision."
13 MR. TOBEROFF: Mischaracterizes the statement
14 in his expert report. You can answer.
15 A. What I meant was I think you have to take that
16 sentence as a whole. Supervision, I mean, every publisher
17 supervises work to the extent of deciding whether to
18 publish or saying I won't publish it unless you change
19 this word. I've had that done to me on materials where
20 I've owned the copyright, and I've had that done to me on
21 the materials where I did not own the copyright.
22 In this particular case, this particular is
23 about the Siegel and Shuster case. And the first sentence
24 says:
25 (Reading:) I understand in the nature of the
JA560
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page68 Page
Filed 02/25/11 of 3019 of 28
Page 104
1 the work that Mr. Kirby did in drawing these characters in
2 his basement or wherever --
3 A. It was in his basement often.
4 Q. -- that that work was performed after he and
5 Mr. Lee had sat down and discussed the general plot of
6 what was going to go on and discussed what characters were
7 going to be part of the comic book. And it was after that
8 that Mr. Kirby would then begin his drawings in his
9 basement.
10 MR. TOBEROFF: Objection. Misstates his
11 testimony.
12 A. That's not --
13 MR. TOBEROFF: He didn't say that.
14 A. I didn't say that that that was always the
15 case.
16 MR. TOBEROFF: It misstates his testimony.
17 Period.
18 Q. Fine. The record is going to be whatever it
19 is.
20 You would agree with me, would you not, that a
21 particular character or a particular comic book story or
22 plot would not be published unless -- and we're talking
23 now at Marvel --
24 A. Okay.
25 Q. -- so '58 to '63 -- would not be published
JA561
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page69Page
Filed 02/25/11 of 301
10 of 28
Page 105
1 unless it was approved either by Mr. Lee or by Mr. Goodman
2 or both of them.
3 A. As with any publisher, yes, the publisher and
4 editor have the final say whether they're going to publish
5 something or not.
6 Q. And you testified previously that from time to
7 time Mr. Lee, when he received materials from Mr. Kirby,
8 would comment on them, and he would make changes in them;
9 correct?
10 A. He would of course comment on them. As an
11 editor, his job is to comment on them. To make changes in
12 them? If he had purchased the pages from Mr. Kirby, he
13 would make -- he could do whatever he wanted with them
14 once he bought them.
15 Q. Didn't he, from time to time, we'd agree, he
16 was being paid -- Kirby was being paid on a per page rate?
17 A. Yes.
18 Q. And did Mr. Lee from time to time ask Mr.
19 Kirby to make changes or suggest changes in material that
20 he submitted?
21 A. There were times when Stan would say, I need
22 something else here. I can't take this story as it is.
23 You've got to fix this before we can buy it. Yes.
24 Q. And Mr. Kirby would, in fact, make those
25 changes and resubmit; correct?
JA562
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page70Page
Filed 02/25/11 of 301
11 of 28
Page 106
1 A. I think there were times he didn't make the
2 changes and offered something else, solved the problem a
3 different way or did something different. But, yes.
4 I'm sorry. Go ahead. I finished my sentence.
5 Q. Okay. And there were also times where he did
6 make the changes, resubmitted, and it got published.
7 A. Correct.
8 Q. So when you're referring to supervision in
9 this paragraph, you're talking about the fact that there
10 was nobody, Stan Lee or someone else from Marvel, in
11 Mr. Kirby's basement overseeing the actual drawings of the
12 books. Is that your --
13 A. I would make it broader than that. But
14 certainly Jack was working at home. He was drawing the
15 work on his own. He was plotting out the stories on his
16 own. He was not being supervised in the creation of the
17 work.
18 Q. You are aware that the -- -- and I believe you
19 have testified previously and written extensively that
20 with regard to these characters between '58 and '63 that I
21 believe you referred to the fact that Mr. Lee and Mr.
22 Kirby were co-plotting, was your term, co-plotting the
23 books and characters; correct?
24 MR. TOBEROFF: Vague as to the previous
25 testimony --
JA563
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page71Page
Filed 02/25/11 of 301
12 of 28
Page 138
1 into this discussion. But you submit work to -- let me
2 give you an example.
3 I submitted scripts to DC Comics in 1968. The
4 editors -- to Charlton. And the editors there said --
5 sometimes sent them back and said we don't want this. It
6 was rejected. I was not paid for it.
7 Once or twice the editor said: If you can
8 come up with a better ending for this, I might buy it. So
9 I did a -- rewrote the ending and submitted the work
10 again.
11 Now, the first version that I submitted was
12 rejected, rejected being the opposite of accepted here.
13 The fact that some of the work didn't change doesn't
14 change the fact that the first version in totality was
15 rejected.
16 Q. So that's your understanding of "they were
17 only paid if the work was accepted"?
18 A. Yes.
19 Q. But would you agree with me that the practice
20 was if the work was accepted, the artist or writer was
21 paid, whether or not it was published?
22 A. That I would agree with. Yes.
23 Q. Now, you mention that there were times that
24 you brought things to DC Comics, I believe you said, and
25 some of the work was not accepted. Was that work that
JA564
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page72Page
Filed 02/25/11 of 301
13 of 28
Page 148
1 work for Marvel's books. And that coincided with the
2 exhaustion of the inventory of material to the point where
3 now more material was being purchased.
4 Does that make sense what I just said? I
5 think I said that inside out, but that's what happened.
6 Q. I got it.
7 Now, during the period I think that we're
8 talking about, and prior to that, it's fair to say that
9 Martin Goodman was responsible essentially for anything
10 that happened during the time he ran Marvel?
11 A. I'm sorry. Could I have that again?
12 Q. Yeah. You've written, haven't you, that Mr.
13 Goodman was responsible for anything that happened during
14 the time you owned the company. Is that a fair statement?
15 MR. TOBEROFF: Vague.
16 A. Mr. Goodman was the publisher, the primary
17 owner of the company, so he was doing the publisher's
18 duties which -- he didn't make all the decisions there
19 certainly, but he was in charge of the company.
20 Q. He had the final say so --
21 A. I would --
22 Q. -- as to what got published and what didn't?
23 A. Yes, I would assume he had the final say so.
24 Q. And that was because it was his money on the
25 line. Fair?
JA565
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page73Page
Filed 02/25/11 of 301
14 of 28
Page 149
1 A. His family's money.
2 Q. His family?
3 A. His family owned the company. He had a lot of
4 relatives on the payroll.
5 Q. Right. And it was their money on the line
6 with regard to the company; right?
7 A. I don't know which relatives had money in the
8 company or not. They used to refer to it as Martin's
9 House of Nepotism.
10 Q. The Goodman family money was on the line;
11 right?
12 A. Somebody's money. Somebody who was named
13 Goodman had their money on the line.
14 Q. Fair enough. And Martin was at the top of
15 that list?
16 A. I believe so. Yes.
17 Q. Is it fair to say that because he was the
18 ultimate decision maker that he had the final authority on
19 decisions about story lines or characters or what books --
20 what new books would be begun and which ones would be
21 canceled?
22 A. He certainly had the final say on which books
23 would be begun and canceled, to answer the second part of
24 your question first.
25 Insofar as story lines are concerned, every
JA566
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page74Page
Filed 02/25/11 of 301
15 of 28
Page 155
1 his work. Do you see that?
2 A. Yes. I may have been wrong about that.
3 Q. You may have been wrong, but you wrote it.
4 A. Yes, I wrote it.
5 Q. Somewhere in the last two years; right?
6 A. Yes. Yes.
7 Q. But now, because it's inconsistent with what
8 your prior testimony, you may have been wrong. Is that
9 your current testimony?
10 A. No, I just don't know where I heard that he
11 was paid.
12 Q. But you wrote it down anyway.
13 A. Yeah, I wrote it, and I think I may have been
14 wrong.
15 Q. By the way, it was Mr. Lee that made the
16 assignments as to which artist would work on which
17 particular book; right?
18 A. During this period?
19 Q. Yes, this was --
20 A. During the period of this? Yes.
21 Q. Yes, "this" being because this referred to
22 1965, I guess. During this period, you know late 50s,
23 early 60s, it was Mr. Lee who determined which artists
24 would work on which book; right? That was part of --
25 A. Yes.
JA567
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page75Page
Filed 02/25/11 of 301
16 of 28
Page 190
1 A. Yes.
2 Q. And you are aware, aren't you, that, for
3 example, Mr. Lieber, Larry Lieber, has said on many
4 occasions that he wrote full scripts for the comics that
5 he was doing. You're aware of that?
6 A. Yes, he has said that.
7 Q. And that, in fact, includes a number of the
8 comics that Jack was doing the artwork for; correct?
9 A. Yes.
10 Q. By the way, do you have any basis for
11 disagreeing with Mr. Lieber's statements that he would
12 write the scripts before the panels would be drawn?
13 MR. TOBEROFF: Vague as to what we're talking
14 about exactly.
15 Q. With regard to those comics that Mr. Lieber
16 wrote the scripts for, do you have any basis for
17 disagreeing that he wrote those scripts before the panels
18 were drawn?
19 A. My understanding is that Larry Lieber wrote
20 scripts before the panels were drawn, but that that
21 statement as you phrased it does not give a full portrait
22 of the process.
23 Q. Other than the phone call that you described
24 in 1969, do you have any other personal direct knowledge
25 of how the comic books that Lee and Kirby worked on
JA568
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page76Page
Filed 02/25/11 of 301
17 of 28
Page 193
1 A. When he was not given enough of a story line
2 from the putative writer to create a coherent story
3 without them.
4 I also say here, (Reading:) This breakdown of
5 the rules of writer and artist, with the artist
6 assuming much of what had traditionally been done
7 by writer, led to much confusion and debate
8 within the comics industry, community.
9 There are people in comics -- there are
10 artists in comics who have been in comics for 20 or 30 or
11 40 years who never invented a villain, recurring villain
12 or hero. They just drew what the writer told them to do.
13 Q. Isn't it true that often Mr. Kirby would
14 submit material and that he would be very upset when Stan
15 would widely make changes that widely deviated from what
16 Jack had intended?
17 A. That did happen.
18 Q. In fact, you wrote about it happening, didn't
19 you?
20 A. Yes.
21 Q. And it happened on a fairly regular basis,
22 didn't it?
23 A. I don't think I said it happened on a fairly
24 regular basis.
25 Q. Let's look at your book, 292. You write that,
JA569
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page77Page
Filed 02/25/11 of 301
18 of 28
Page 194
1 (Reading:) Sometimes Stan's would deviate
2 wildly from what Jack had intended. Jack didn't
3 like that either. He loved the stories he
4 developed and would often feel that Stan's word
5 balloons stripped some issue of its meaning or
6 inverted a key concept. Jack especially resented
7 it when Stan would take the first part of a story
8 in a different direction than he intended. Not
9 only would Jack feel his work was being harmed,
10 but it also meant that he would have to withdraw
11 the last half without pay, of course, to
12 correspond.
13 That's what you wrote here.
14 A. Redraw, not withdraw.
15 Q. Oh.
16 A. Yes.
17 Q. "To redraw the last half without pay, of
18 course, to correspond."
19 A. Yes. I wrote that. Yes.
20 Q. And you believe that to be accurate; right?
21 A. I believe that to be accurate. Yes.
22 Q. Because Stan would often take what was given
23 to him and totally change the meaning around, wouldn't he?
24 A. I said sometimes. You're saying often.
25 Q. Sometimes.
JA570
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page78Page
Filed 02/25/11 of 301
19 of 28
Page 195
1 A. I said sometimes.
2 Q. Okay. We'll agree on sometimes.
3 A. All right.
4 Q. Not always, but sometimes.
5 A. Yeah. Sometimes.
6 Q. But he had the right to do it all the time,
7 didn't he, --
8 MR. TOBEROFF: Objection.
9 Q. -- as the editor?
10 MR. TOBEROFF: Calls for a legal conclusion.
11 Outside the scope of his testimony.
12 A. The right to do it?
13 Q. Yeah, as his job as editor.
14 MR. TOBEROFF: Excuse me. When I object,
15 you've got to pause --
16 THE WITNESS: Okay.
17 MR. TOBEROFF: -- and let me object.
18 THE WITNESS: I will learn to do that some
19 day.
20 MR. TOBEROFF: Thanks.
21 The objection is, as to Stan Lee's rights it
22 calls for a legal conclusion. It's outside the scope of
23 Mr. Evanier's expert assignment.
24 A. Can I have the question again in full?
25 Q. You understood that even though Mr. Lee, as
JA571
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page79Page
Filed 02/25/11 of 301
20 of 28
Page 197
1 have somebody else make the changes. Isn't that right?
2 MR. TOBEROFF: Same objection. Calls for a
3 legal conclusion.
4 A. He could, once he had purchased the material,
5 he could ask someone else to make the corrections. Or he
6 could -- or he could say he could not purchase the
7 material in its present state unless Jack made the
8 corrections.
9 What he could not do was to make the changes
10 in the material and then say, oh, we're not going to buy
11 this story or we're not going to buy this sequence. We're
12 going to send it back to Jack.
13 Maybe I'm splitting hairs here, but I'm trying
14 to answer the question you're asking me, which is --
15 Q. Go ahead.
16 A. -- compounded here somehow.
17 Q. You're aware that there are instances where
18 there was work submitted by Jack as part of this whole
19 process you have described in your report where he was
20 asked to make changes. And there was also work submitted
21 where Stan had somebody else make changes.
22 A. That's correct.
23 Q. Correct?
24 A. That is correct. Yes.
25 Q. And, in fact, there was situations where Stan
JA572
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page80Page
Filed 02/25/11 of 301
21 of 28
Page 201
1 where Jack did the entire writing on his own.
2 Q. Other than those, can you think of any others?
3 A. Then later, when he went back to Marvel in the
4 70s, there were quite a few stories.
5 Q. No, we're talking about in the 60s.
6 A. In the 60s I think that's the only ones. I
7 might have missed one.
8 Q. Any of the others --
9 A. Yeah, there was a story in one of the western
10 books, I believe, in the 60s.
11 Q. Do you know what time period? Between '58 and
12 '63 or later?
13 A. I believe that would have been later.
14 Q. Yeah. You also have written that Stan gave up
15 writing full scripts around 1962. Is that your
16 understanding?
17 A. Yes.
18 Q. So prior to 1962 he was writing full scripts?
19 A. No. Well, he started writing Marvel style
20 Marvel Method scripts around 1955 or -56, but he wrote
21 full scripts for some artists or some situations for a
22 while there.
23 During the period when they were not buying a
24 lot of material, he wrote a lot of full scripts so he
25 could get paid for them. The scripts that were done for
JA573
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page81Page
Filed 02/25/11 of 301
22 of 28
Page 202
1 inventory, he couldn't work Marvel Method because there
2 was no artist involved in those scripts. In those
3 projects the artist would come much later.
4 Q. After the scripts had been produced.
5 A. Yes.
6 Q. In your book on Kirby --
7 A. Yes.
8 Q. -- page 299. Turn to that page.
9 A. We're using the K numbers; right?
10 Q. The K numbers?
11 A. Yeah. 299. Got it. Yes.
12 Q. And there's a drawing, pencil drawing, and
13 some handwritten notes. Do you see that?
14 A. Yes. Yes.
15 Q. And could you tell me whose handwriting are
16 the handwritten notes?
17 A. I believe the handwriting notes are from Stan.
18 Q. And he's saying in one instance, "Jack, can
19 this be the" -- oh, boy.
20 A. The Rainbow Bridge.
21 Q. -- the Rainbow Bridge?"
22 And in another instance he's saying, "Put Oden
23 here." Is he telling him to move --
24 A. Omit Oden here. He'll cut into Masthead too
25 much. In other words, Oden will cut into the title letter
JA574
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page82Page
Filed 02/25/11 of 301
23 of 28
Page 203
1 when it's placed, so we have to keep that area clean.
2 So --
3 Q. Oh, that's the top one. I see.
4 A. -- let's put Oden in the bottom.
5 Q. So he's essentially telling him to move some
6 of the stuff on the drawing?
7 A. Yes.
8 Q. Is that something that he typically did after
9 seeing some of the drawings?
10 A. This is very rare. I think I say on the next
11 page that they almost never even worked this way. This is
12 a very rare artifact. It's one of the few times Jack ever
13 did a cover sketch like this.
14 Q. But this is an example of Jack actually giving
15 some pretty specific directions -- of Stan giving Jack
16 some pretty specific directions with regard to at least
17 this particular drawing; right?
18 A. I don't know they're that specific. "Can this
19 be the Rainbow Bridge?" Leaving it up to Jack to decide.
20 "Put Oden here somehow if you can." That's
21 leaving it up to Jack to decide.
22 Usually a cover usually when an editor goes
23 over a cover sketch -- and Jack didn't do very many cover
24 sketches in his career -- usually the editor does a much
25 more detailed composition. They would have something done
JA575
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page83Page
Filed 02/25/11 of 301
24 of 28
Page 204
1 in the office. They do an overlay and have another artist
2 maybe move things around and show where to put them.
3 This is very undetailed, a very undetailed set
4 of suggestions.
5 Q. It's fair to say that it's an example, at
6 least, of Mr. Lee giving at least some direction to Mr.
7 Kirby about how he should do this drawing. Isn't that
8 fair?
9 A. Very little direction. I'm not sure what
10 you're trying to get me to say here.
11 Q. I'm not trying to get you to say anything.
12 I'm trying to get some testimony here. That's all. Say
13 whatever you want.
14 A. As we've established before, there were times
15 when Stan sent things back to Jack and said, This has to
16 be -- you know, I can't use this in the form it's in.
17 Let's do something different. This is an example of that,
18 I would suppose.
19 Are we done with this book?
20 Q. Yeah. Don't let it go too far away. But
21 yeah.
22 A. All right. Okay. Can I get a glass of water
23 at some point here?
24 MR. QUINN: Why don't you get it now.
25 MR. TOBEROFF: I will get it.
JA576
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page84Page
Filed 02/25/11 of 301
25 of 28
Page 225
1 believe Stan sent Jack off to draw an important first
2 issue without preliminary sketches and conferences."
3 Right?
4 A. Yes.
5 Q. Okay. And so isn't what you're saying here is
6 that obviously Stan and Jack had conferences before he
7 sent him off to draw.
8 A. Yes.
9 (Plaintiffs counsel confer.)
10 Q. On the two pages later, referring to the first
11 issue, it says, "The first issue was clearly cobbled up in
12 a hurry and does show some surface attempt to comply with
13 Goodman's directive and replicate DC's Justice League of
14 America."
15 What did you mean by that?
16 A. The cover scene on Fantastic Four No. 1
17 depicts a scene that appears nowhere in the story.
18 Designed a cover that doesn't connect with the story
19 therein, but it does kind of look a little like the
20 composition of a DC Comic called The Brave and the Bold,
21 issue No. 28, which first introduces the Justice League.
22 And Jack's layouts inside the comic, his page
23 layouts look more like a DC Comic in terms of the panel
24 shapes. It's like somebody had shown him Justice League
25 and said, Let's try and make the book look a little bit
JA577
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page85Page
Filed 02/25/11 of 301
26 of 28
Page 231
1 like that in the room helping flesh out whatever ideas you
2 had, change them, and bring in his input.
3 I'm not saying Stan is lying. I'm saying he's
4 choosing his words carefully, remembering a version. I
5 disagree with Stan about some aspects of Marvel history.
6 We've had friendly arguments about certain issues and
7 certain comics and how things came about and how they were
8 published. And sometimes I get him to agree with me. I
9 show him evidence.
10 Q. Well, one thing we've established, during this
11 period from '58 to '63, Stan was there, and you weren't.
12 A. Yes.
13 Q. You say in your expert report at page 15
14 carrying over to 16 that "It is also worth noting that
15 Stan Lee did not create any important characters either
16 before Jack Kirby first worked with Lee or after Jack
17 Kirby stopped working with Lee in 1970."
18 Do you see that bottom of 15 over to 16 in
19 your report?
20 A. Hold on here. Yes, I see that.
21 Q. After he stopped working for Lee in 1970, what
22 successful characters did Kirby create?
23 A. Well, he created a series for DC called The
24 New Gods. Featured a villain called Dark Side, one of the
25 most important villains in Allied DC Comics. Did a book
JA578
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page86Page
Filed 02/25/11 of 301
27 of 28
Page 238
1 A. Yes.
2 Q. And isn't that correct with regard to much of
3 your testimony? Most of the time you're just guessing;
4 isn't that right?
5 A. No, I don't think so.
6 Q. On page 16 of your report in the middle
7 paragraph under Mighty Thor, referring to The Mighty Thor
8 -- am I correct, by the way, Larry Lieber was the one who
9 actually wrote the script for The Mighty Thor?
10 A. Larry Lieber did the script for the first Thor
11 story in Journey into Mystery No. 83.
12 THE REPORTER: In -- what?
13 A. Thor story in Journey into Mystery No. 83.
14 THE REPORTER: Thank you.
15 THE WITNESS: As the day winds down, I get
16 less coherent.
17 THE REPORTER: And I get more tired.
18 Q. BY MR. QUINN: And was it your understanding
19 that Lieber wrote the script before Kirby drew the panels?
20 A. It's my understanding that Lieber wrote the
21 script before Kirby drew the panels. Yes.
22 Q. And is it also your understanding that Larry
23 Lieber named Thor's alter ego Don Blake?
24 A. Larry says he did.
25 Q. Do you have any reason to disbelieve him?
JA579
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-9 509510, Page87Page
Filed 02/25/11 of 301
28 of 28
Page 246
1 Q. They're both lying, with a question mark.
2 A. I would not use the term "lying." I think they
3 both have their versions. And when I report the history,
4 I will report both of them and let the reader decide.
5 Q. You are aware that Larry Lieber was -- did --
6 was assigned to write the full script; correct?
7 A. Larry Lieber wrote a script. Yes.
8 Q. And he wrote the script before Heck drew the
9 -- before he drew the comic?
10 A. Yes.
11 Q. And what role does Kirby say he played in the
12 first issue of Iron Man?
13 A. Jack says he came up with the concept,
14 presented it to Stan as an idea that they would do
15 together. They talked it out. The idea was put on hold
16 because there was no place to do it at that moment. And
17 then subsequently Stan did it with Don Heck or put it into
18 Tales of Suspense and had Don Heck draw the first one. He
19 wasn't happy with what Heck did, so Jack came in and
20 started drawing it after that.
21 Let me finish. Jack also --
22 Q. Please. By all means finish.
23 A. And Jack also drew the cover of the first
24 issue, and on that cover he designed the look of Iron Man
25 and the idea of the character putting on this iron which
JA580
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page88 of
Filed 02/25/11 3011 of 18
Page
EXHIBIT 10
JA581
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page89 of
Filed 02/25/11 3012 of 18
Page
Page 1
1 JOHN MORROW 1
2 UNITED STATES DISTRICT COURT
3 SOUTHERN DISTRICT OF NEW YORK
4 ------------------------------x
5 MARVEL WORLDWIDE, INC.,
MARVEL CHARACTERS, INC.,
6 and MLV RIGHTS, LLC,
7 Plaintiffs,
8 v. Case No. 10-141-CMKF
9 LISA R. KIRBY, BARBARA J.
KIRBY, NEAL L. KIRBY and
10 SUSAN N. KIRBY,
11 Defendants.
12 ------------------------------x
13
19
20
21
22
JA582
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page90 of
Filed 02/25/11 3013 of 18
Page
Page 13
1 JOHN MORROW 13
2 Q. And that continues today?
3 A. It does. I think we actually told them we
4 would be dropping it to just about 800 an issue now
5 because of the economy and all sales have kind of
6 declined.
7 Q. Do you have any understanding with
8 Mr. Toberoff with regard to any arrangement to publish
9 anything about this case in consideration of your
10 providing a report?
11 A. No. No. I hope after it's all said and
12 done that I can interview various parties involved, if
13 they're allowed to talk about it. But, no, we don't
14 have an arrangement or anything like that.
15 Q. Have you ever had any business dealings
16 with Mr. Toberoff prior to being contacted in
17 connection with this case?
18 A. No, other than my initial request to get an
19 interview from him, which never resulted in anything.
20 Q. How old are you?
21 A. About 48.
22 Q. And would you summarize your educational
23 background, beginning with high school?
24 A. Sure. Twelve years of high school diploma,
25 four-year college degree with a bachelor in fine arts.
JA583
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page91 of
Filed 02/25/11 3014 of 18
Page
Page 57
1 JOHN MORROW 57
2 that Jack was going to be working on in the future?
3 A. I'm not sure. You would need to check with
4 Mark. I just recall Mark said he was there when Stan
5 and Jack were hashing out a story over the phone. So I
6 know recall whether it was I think it was either for
7 Fantastic Four or Thor, which were the two main books
8 he was doing at the time, but I don't recall which one.
9 And I recall the specifics of, you know, was it one
10 that Jack had already halfway drawn and they were
11 making changes to or it was one that Jack was about to
12 begin, I'm not sure. That's why Mark would be able to
13 answer.
14 Q. Do you have an understanding as to whether
15 or not Stan Lee and Jack Kirby communicated with one
16 another about the work that Jack was engaged in once he
17 began this story and was somewhere between the
18 beginning and the end?
19 A. Well, actually I can't say that I do, no.
20 I've not heard any instances that I can recall right
21 now of, for instance, Stan calling in the middle while
22 Jack was drawing a story and changing anything. There
23 are instances of the Marvel offices, for instance, if a
24 book wasn't doing well, quite often, Stan would ask
25 Jack Kirby to take it over. In doing so, Marvel
JA584
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page92 of
Filed 02/25/11 3015 of 18
Page
Page 58
1 JOHN MORROW 58
2 offices would send Jack these little photostats of say
3 like the previous issue, so he could see where he's
4 kind of jumping off from. I have access to a lot of
5 those from the family. They kept those for years and
6 years and have loaned them to me for the magazine.
7 Those are interesting historically, because
8 you can kind of see well, first of all, why would --
9 for instance, why would Jack have a Steve Ditko set of
10 Hulk stats with a Steve Ditco Hulk story? You look and
11 see oh, the issue after that is one where Jack took it
12 over. Okay, that's why it's in Jack's files.
13 There's a lot of instances of that where
14 you would see some totally unrelated artist's work in
15 Jack's files. They were sending material to Jack so he
16 could see where he was taking over from.
17 But as far as -- back to the question as
18 far as knowledge of instances of Stan, for instance,
19 getting involved while Jack was doing something? I
20 don't really recall those. Everything I've seen, it's
21 a pretty straightforward thing. There would be some
22 kind of story conference, whatever that would entail,
23 and then Jack would go, do his work, he was drawing the
24 pages, plot them, write margins in the notes, in a lot
25 of instances, when he was done, bring them back in.
JA585
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page93 of
Filed 02/25/11 3016 of 18
Page
Page 59
1 JOHN MORROW 59
2 Q. Is it your understanding that between '58
3 and '63, 1958 and 1963, all of the work that Jack Kirby
4 did that was published by Marvel was done utilizing the
5 so-called Marvel method?
6 A. Is it my understanding that all of it was?
7 Q. Yes.
8 A. No, that's not my understanding. My
9 understanding was that some was. There's, as far as
10 which ones were and which ones weren't, you know, my
11 understanding is that Larry Lieber has said that he
12 provided scripts on some stories to Jack, and Jack was
13 working from full script, but that has some pitfalls to
14 it too. Because if you go back to when Simon and Kirby
15 were working for DC in the '40s, they had writers that
16 would come in and work for them and provide scripts,
17 and there's famous stories of writers would bring in
18 their scripts to Joe Simon or Jack Kirby studio, and as
19 they were leaving, they would see pages floating out
20 the window where they would just look at them and go
21 well, we will just do it ourselves. They would
22 completely write their own scripts, even though they
23 commissioned somebody to do one.
24 So Kirby's history bears out that. It's
25 just he was a very creative person, and anything he
JA586
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page94 of
Filed 02/25/11 3017 of 18
Page
Page 60
1 JOHN MORROW 60
2 worked on he put his stamp on, and most publishers were
3 wise enough to let him do it, because he was so
4 creative and would come up with such interesting work.
5 Q. Is it correct that on some occasions during
6 this period, from '58 to '63, you understand that Jack
7 was given conventional scripts for work?
8 A. I have heard Larry Lieber say that he
9 provided full scripts for some material. I've not seen
10 those scripts. I've not seen any scripts from Stan
11 from then, and I've not -- of all the interviews I've
12 read with Stan, I've not heard Stan say that they
13 weren't working Marvel method. Stan has always been
14 very proud about touting the Marvel method, because he
15 felt that was something they pioneered. I've not seen
16 him go on the record and say no, I wasn't giving Jack
17 scripts on all this stuff.
18 Q. Let's make sure our lexicon is the same.
19 Would you describe what you understand the
20 Marvel method to be?
21 A. Oh, sure. Marvel method, as I understand
22 it, is the, well, we'll use the term writer and artist,
23 even though some can be used different term. The
24 writer or scripter and the artist get together, discuss
25 an idea, then the artist will go back to his studio,
JA587
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page95 of
Filed 02/25/11 3018 of 18
Page
Page 61
1 JOHN MORROW 61
2 wherever it is he does his work, and then based on that
3 initial story conference, break the story down into
4 panels, page by page, pace it the way the artist feels
5 it should be, add a lot of characterization and
6 possibly some new characters, things like that, and
7 then bring the finished story, finished pages back in
8 to submit for publication.
9 At that point, the writer would take the
10 pencil pages, in some cases they might actually type a
11 script for the letterer to go by. In some cases, they
12 might actually go and pencil things in margins or write
13 actual balloons on there. At that point, the art is
14 passed on to the letterer. They ink the lettering on
15 there and the balloons. It's passed on to the inker,
16 so it goes to the artist's pencil drawings, so that
17 they'll reproduce in blank ink, and, you know, I mean,
18 that's generally the Marvel method. They get together
19 for story conference. The artist goes and does his
20 work and then turns the work back in.
21 Q. Would you distinguish that from what I'll
22 call the conventional method, or the method that was
23 used prior to the introduction of the Marvel method?
24 A. Very different. The method that DC comics
25 had always used up through that period, the writer
JA588
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page96 of
Filed 02/25/11 3019 of 18
Page
Page 149
1 JOHN MORROW 149
2 that point after Joe Simon and Jack Kirby left the
3 company.
4 Q. And what role, if any, did Mr. Goodman play
5 in the company at that time?
6 A. Oh, well, he was the publisher. I'm
7 assuming he handled all the money and also helped --
8 made publishing decisions about the company like any
9 publisher would.
10 Q. Did he direct Stan Lee in the type of
11 stories to publish?
12 A. Based on Stan's accounts of working with
13 Martin Goodman in the '60s, I would say, I would assume
14 definitely yes, because he was certainly involved, to
15 some extent, in the '60s.
16 So I -- there's no reason to think he
17 wouldn't have been involved with Stan in the '40s when
18 Stan was just starting out.
19 Q. When you say run, you're reflecting Stan's
20 position as an editor or as the editor?
21 A. Editor-in-chief, yes.
22 Q. Did he have that title in 1941?
23 A. I'm not sure he had the official title
24 editor-in-chief. I believe he had the title of editor.
25 Q. Turning to page five, the first sentence of
JA589
Case 11-3333, Document
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
Document 65-10 509510, Page97 Page
Filed 02/25/11 of 30110 of 18
Page 201
1 JOHN MORROW 201
2 Q. Do you have any information to the effect
3 that Stan -- that Jack Kirby began drawing Sgt. Fury
4 and the Howling Commandos before getting an assignment
5 from Stan to do so?
6 A. No, not that he began drawing it, no.
7 Q. Had Stan Lee ever done war comics for
8 Marvel before Nick Fury?
9 A. Yes, he had.
10 Q. Was there something unique about Sgt. Fury
11 and this Howling Commandos and the war of comic genre?
12 A. Yes, there was.
13 Q. What was unique about it?
14 A. Sgt. Fury was, for me, the first war comic
15 I actually could read. I never enjoyed war comics.
16 There was something about the feel and the tone of it
17 and the level of action in it that I really enjoyed.
18 At that point, I had never discovered Kirby's earlier
19 war comics. But when I first saw Sgt. Fury, it was
20 like, okay, this is almost like superhero comics, which
21 I like, but done as a war comic. It had a lot of the
22 same trademarks that the superhero comics had.
23 Q. It was unique in the sense that you liked
24 it?
25 A. It was unique in the sense that it was
JA590
Case 11-3333, Document
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
Document 65-10 509510, Page98 Page
Filed 02/25/11 of 30111 of 18
Page 205
1 JOHN MORROW 205
2 going to be here longer than we need to be if you are
3 answering questions I haven't asked you.
4 With respect to the X-Men, are you aware of
5 any X-Men characters that were the sole creation of
6 Jack Kirby?
7 A. The sole creation of Jack Kirby? No, not
8 sole creation.
9 Q. Do you have any information with regard to
10 the -- Kirby's contribution to any of the X-Men
11 characters?
12 A. No specific information I can add, no.
13 Q. Are you aware of whether Marvel ever made
14 changes in artwork that Jack Kirby submitted and was
15 paid for after submission?
16 A. That they made changes after Kirby was paid
17 for the accepted artwork?
18 Q. Yes.
19 A. Yes, there were many instances.
20 Q. And is it true that the inker would
21 typically be selected by the editor at Marvel, and in
22 most cases during the period we're talking about, '58
23 to '63, Stan Lee?
24 A. Yes.
25 Q. And some inkers would do more modification
JA591
Case 11-3333, Document
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
Document 65-10 509510, Page99 Page
Filed 02/25/11 of 30112 of 18
Page 206
1 JOHN MORROW 206
2 to pencils than others?
3 A. Yes, stylistically speaking, their styles
4 were a little heavier, so more changes would be made.
5 Q. Apart from instances that you've already
6 described, are you aware of any instances in which Stan
7 asked Kirby to make corrections in work that he
8 submitted that Kirby did make and received payment for?
9 A. Any instances where he made changes and was
10 paid for making the changes?
11 Q. Was submitted. Let's just take an easy
12 example. Submitted a story and Stan asked him to make
13 changes on certain panels in the story right on the
14 spot in the office?
15 A. Yes, there were some instances of that.
16 There's no indication that he was paid additionally for
17 making those changes.
18 Q. Are you aware of any instance in which Jack
19 Kirby refused to make changes in accordance with
20 directions he received from Stan or any other editor at
21 Marvel?
22 A. I cannot think of one. Jack was a very
23 dedicated employee and had a good work ethic and
24 generally did what the editor told him. He may not
25 have always been happy about them, but.
JA592
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page100Page
Filed 02/25/11 of 301
13 of 18
Page 207
1 JOHN MORROW 207
2 Q. I think you indicated earlier, I just want
3 to make sure I'm clear for the record, is it your
4 understanding that Marvel had the right to make changes
5 in the work submitted by Kirby?
6 A. Well, that's generally the job of an editor
7 in any publishing house. The editor accepts the work
8 and they edit it.
9 Q. So the answer would be --
10 A. Would be yes. Yes.
11 Q. Do you know whether Jack Kirby ever
12 received any vacation pay from Marvel?
13 A. No, none that I'm aware of.
14 Q. Well, are you aware that he didn't receive
15 vacation pay?
16 A. My understanding is that he did not, and
17 that's why he produced so many pages at such a faster
18 rate than most of the other artists, so that he could
19 keep up with his family finances and be able to take a
20 little time off once in a while.
21 Q. Am I correct that you cannot testify from
22 firsthand knowledge that throughout Mr. Kirby's career
23 with Marvel, he never received any form of vacation
24 pay?
25 A. From firsthand knowledge, no, I cannot.
JA593
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page101Page
Filed 02/25/11 of 301
14 of 18
Page 236
1 JOHN MORROW 236
2 ring that gave him spider powers; whereas The Fly was
3 an orphan boy that had a magic ring that gave him fly
4 powers. That seemed too similar. But that's, again,
5 just my assumption.
6 Q. Is there any other similarities, in your
7 view, between The Fly and Spider-Man?
8 A. None that I can think of. When you say
9 Spider-Man as he is today or Spider-Man as Jack Kirby
10 would have presented it?
11 Q. Spider-Man as he was depicted in Amazing
12 Fantasy number 15?
13 A. He was depicted by Steve Ditko in Amazing
14 Fantasy 15. Oh, well, no, there's really not much
15 similarity between the published version of Spider-Man,
16 Amazing Fantasy 15 and The Fly.
17 Q. I've placed before you Exhibit 16, which is
18 a copy of a document I pulled off the web site
19 indicated on the bottom of the page a week or so ago.
20 (The document referred to was marked
21 Plaintiff's Exhibit Number 16 for
22 identification.)
23 Q. And on the third page of this document,
24 there are some penciled drawings.
25 Are these the Ditko drawings that you
JA594
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page102Page
Filed 02/25/11 of 301
15 of 18
Page 237
1 JOHN MORROW 237
2 referred to a minute ago, comparing Kirby's Spider-Man
3 with Ditko's Spider-Man?
4 A. Yes.
5 Q. And do you agree that Kirby's Spider-Man
6 looks like the Simon Kirby Captain America character?
7 A. There are similarities certainly, but there
8 are similarities among most superhero costumes. It's
9 kind of that's just the way superheros are drawn. I
10 think the finished Spider-Man is obviously very
11 different from either of the other two.
12 Q. And in this document, there is a depiction
13 of The Fly, particularly on the second page on a couple
14 of covers, do you see those?
15 A. Yes.
16 Q. And would you agree that the look of The
17 Fly is substantially different than the look of
18 Spider-Man?
19 A. Yes, I would.
20 Q. I'd like to direct your attention again to
21 your report in Exhibit 9, the final version, and the
22 first sentence of your conclusion says, and I'm going
23 to quote it: "To recap, I believe that Kirby's work
24 for Marvel from 1958 to 1963 was not 'work for hire'".
25 I had understood you earlier to have
JA595
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page103Page
Filed 02/25/11 of 301
16 of 18
Page 260
1 JOHN MORROW 260
2 called in to work on the initial issues before handing
3 it off to others to continue.
4 Did you have in mind the other new series
5 that you were referring to there?
6 A. Ironman. For instance, Daredevil, Kirby
7 was brought in in some capacity for his covers by him.
8 There are some character concept drawings by Kirby.
9 The character called the Plunderer, and I forget the
10 other one that are in early Daredevil stories that are
11 all -- it's Kirby giving a sketch of what it should
12 look like and writing notes off to the side of the
13 character's, you know, personality and his powers and
14 things like that, that were submitted to the artist who
15 was drawing that issue to go by.
16 Q. Do you know who wrote the first issue of
17 Ironman?
18 A. I believe Larry Lieber scripted that,
19 didn't he?
20 Q. Yes.
21 A. I believe so.
22 Q. I'm telling you. I'm asking you.
23 Is it your understanding that Larry Lieber
24 did it?
25 A. I would say yes.
JA596
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page104Page
Filed 02/25/11 of 301
17 of 18
Page 261
1 JOHN MORROW 261
2 Q. I don't want to testify.
3 And who drew that issue?
4 A. That's Don Heck, I believe.
5 Q. And is it your recollection that Jack Kirby
6 was asked to do the cover?
7 A. Yes.
8 Q. Now, what was the -- this Exhibit 24 an
9 introduction to?
10 A. Well, based on what I'm reading here, I'm
11 assuming this was the one I did for the S.H.I.E.L.D.
12 series, but let's see, since I'm talking about Shield
13 here, it must have been for the Agent of Shield
14 collection.
15 Q. Now, in the fifth paragraph, you say in the
16 first sentence: While Stan scripted most of the issues
17 presented here, Kirby was undoubtedly the guiding
18 creative force.
19 What did you mean by Stan scripted most of
20 the issues?
21 A. Scripted meaning dialogue, put the words in
22 the balloons.
23 Q. You don't mean creating the scripts?
24 A. No, not working from the script, no.
25 Scripting and dialoguing are kind of used
JA597
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-10 509510, Page105Page
Filed 02/25/11 of 301
18 of 18
Page 264
1 JOHN MORROW 264
2 A. Yes. Well, with help from Shane Foley and
3 Sean Kleefeld.
4 Q. And it begins with the sentence: It wasn't
5 all that unusual for Jack Kirby to occasionally end up
6 with some unused pencil pages from his stories.
7 Were those pages -- were you referring to
8 pages that would not have been submitted by Jack to
9 Marvel?
10 A. Generally, yes.
11 Q. Do you recall Stan Lee ever altering any
12 concept for a story illustrated by Jack Kirby?
13 A. Altering it in what way?
14 Q. Changing character motivations, plot?
15 A. Yes.
16 Q. That was part of the normal editorial
17 process?
18 A. Yes.
19 MR. TOBEROFF: Calls for speculation.
20 BY MR. FLEISCHER:
21 Q. I've placed before you a document entitled
22 Apokolips, spelled A-P-O-K-O-L-I-P-S, Now, A Major
23 Production. Can you tell me what this is?
24 A. Yes, this is an article I wrote on
25 Mr. Kirby's original version of a 1984 story that he
JA598
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-15509510, Page106 of
Filed 02/25/11 3011 of 4
Page
EXHIBIT 15
JA599
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-15509510, Page107 of
Filed 02/25/11 3012 of 4
Page
Worldwide leader in family entertainment agrees to acquire Marvel and its portfolio of over 5,000 characters
Acquisition highlights Disney's strategic focus on quality branded content, technological innovation and international
expansion to build long-term shareholder value
Burbank, CA and New York, NY, August 31, 2009 �Building on its strategy of delivering quality branded content to people
around the world, The Walt Disney Company (NYSE:DIS) has agreed to acquire Marvel Entertainment, Inc. (NYSE:MVL) in
a stock and cash transaction, the companies announced today.
Under the terms of the agreement and based on the closing price of Disney on August 28, 2009, Marvel shareholders would
receive a total of $30 per share in cash plus approximately 0.745 Disney shares for each Marvel share they own. At closing,
the amount of cash and stock will be adjusted if necessary so that the total value of the Disney stock issued as merger
consideration based on its trading value at that time is not less than 40% of the total merger consideration.
Based on the closing price of Disney stock on Friday, August 28, the transaction value is $50 per Marvel share or
approximately $4 billion.
"This transaction combines Marvel's strong global brand and world-renowned library of characters including Iron Man,
Spider-Man, X-Men, Captain America, Fantastic Four and Thor with Disney's creative skills, unparalleled global portfolio of
entertainment properties, and a business structure that maximizes the value of creative properties across multiple platforms
and territories," said Robert A. Iger, President and Chief Executive Officer of The Walt Disney Company. "Ike Perlmutter and
his team have done an impressive job of nurturing these properties and have created significant value. We are pleased to
bring this talent and these great assets to Disney."
"We believe that adding Marvel to Disney's unique portfolio of brands provides significant opportunities for long-term growth
and value creation," Iger said.
"Disney is the perfect home for Marvel's fantastic library of characters given its proven ability to expand content creation and
licensing businesses," said Ike Perlmutter, Marvel's Chief Executive Officer. "This is an unparalleled opportunity for Marvel
to build upon its vibrant brand and character properties by accessing Disney's tremendous global organization and
infrastructure around the world."
Under the deal, Disney will acquire ownership of Marvel including its more than 5,000 Marvel characters. Mr. Perlmutter will
oversee the Marvel properties, and will work directly with Disney's global lines of business to build and further integrate
Marvel's properties.
The Boards of Directors of Disney and Marvel have each approved the transaction, which is subject to clearance under the
Hart-Scott-Rodino Antitrust Improvements Act, certain non-United States merger control regulations, effectiveness of a
registration statement with respect to Disney shares issued in the transaction and other customary closing conditions. The
agreement will require the approval of Marvel shareholders. Marvel was advised on the transaction by BofA Merrill Lynch.
JA600
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-15509510, Page108 of
Filed 02/25/11 3013 of 4
Page
An investor conference call will take place at approximately 10:15 a.m. EDT / 7:15 a.m. PDT today, August 31, 2009. To
listen to the Webcast, turn your browser to http://corporate.disney.go.com/investors/presentations.html or dial in domestically
at 800-260-8140 or internationally at 617-614-3672. For both dial-in numbers, the participant pass code is 51214527.
The discussion will be available via replay on the Disney investors website through September 14, 2009 at 7:00 PM
EDT/4:00 PM PDT.
Forward-Looking Statements:
Certain statements in this communication may constitute "forward-looking statements" within the meaning of the Private
Securities Litigation Reform Act of 1995. Such statements relate to a variety of matters, including but not limited to: the
operations of the businesses of Disney and Marvel separately and as a combined entity; the timing and consummation of
the proposed merger transaction; the expected benefits of the integration of the two companies; the combined company's
plans, objectives, expectations and intentions and other statements that are not historical fact. These statements are made
on the basis of the current beliefs, expectations and assumptions of the management of Disney and Marvel regarding future
events and are subject to significant risks and uncertainty. Investors are cautioned not to place undue reliance on any such
forward-looking statements, which speak only as of the date they are made. Neither Disney nor Marvel undertakes any
obligation to update or revise these statements, whether as a result of new information, future events or otherwise.
Actual results may differ materially from those expressed or implied. Such differences may result from a variety of factors,
including but not limited to:
• legal or regulatory proceedings or other matters that affect the timing or ability to complete the transactions as
contemplated;
• the possibility that the expected synergies from the proposed merger will not be realized, or will not be realized
within the anticipated time period; the risk that the businesses will not be integrated successfully;
• the possibility of disruption from the merger making it more difficult to maintain business and operational
relationships;
• the possibility that the merger does not close, including but not limited to, due to the failure to satisfy the closing
conditions;
• any actions taken by either of the companies, including but not limited to, restructuring or strategic initiatives
(including capital investments or asset acquisitions or dispositions);
• developments beyond the companies' control, including but not limited to: changes in domestic or global economic
conditions, competitive conditions and consumer preferences; adverse weather conditions or natural disasters;
health concerns; international, political or military developments; and technological developments.
JA601
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-15509510, Page109 of
Filed 02/25/11 3014 of 4
Page
Additional factors that may cause results to differ materially from those described in the forward-looking statements are set
forth in the Annual Report on Form 10-K of Disney for the year ended September 27, 2008, which was filed with the
Securities and Exchange Commission ("SEC") on November 20, 2008, under the heading "Item 1A�Risk Factors" and in
the Annual Report on Form 10-K of Marvel for the year ended December 31, 2008, which was filed with the SEC on
February 27, 2009, under the heading "Item 1A�Risk Factors," and in subsequent reports on Forms 10-Q and 8-K and
other filings made with the SEC by each of Marvel and Disney.
This communication does not constitute an offer to sell or the solicitation of an offer to buy any securities or a solicitation of
any vote or approval. In connection with the proposed transaction, Disney and Marvel will file relevant materials with the
SEC. Disney will file a Registration Statement on Form S-4 that includes a proxy statement of Marvel and which also
constitutes a prospectus of Disney. Marvel will mail the proxy statement/prospectus to its stockholders. Investors are urged
to read the proxy statement/prospectus regarding the proposed transaction when it becomes available, because it
will contain important information. The proxy statement/prospectus and other documents that will be filed by Disney and
Marvel with the SEC will be available free of charge at the SEC's website, www.sec.gov, or by directing a request when such
a filing is made to The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA 91521-9722, Attention:
Shareholder Services or by directing a request when such a filing is made to Marvel Entertainment, Inc., 417 Fifth Avenue
New York, NY 10016, Attention: Corporate Secretary.
Disney, Marvel, their respective directors and certain of their executive officers may be considered participants in the
solicitation of proxies in connection with the proposed transaction. Information about the directors and executive officers
of Marvel is set forth in its definitive proxy statement, which was filed with the SEC on March 24, 2009. Information
about the directors and executive officers of Disney is set forth in its definitive proxy statement, which was filed
with the SEC on January 16, 2009.Investors may obtain additional information regarding the interests of such participants
by reading the proxy statement/prospectus Disney and Marvel will file with the SEC when it becomes available.
###
Press Contacts
Zenia Mucha
Corporate Communications
(818) 560-5300
Jonathan Friedland
Corporate Communications
818-560-8306
Lowell Singer
Investor Relations
818-560-6601
JA602
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page110 of
Filed 02/25/11 3011 of 6
Page
EXHIBIT 17
JA603
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page111 of
Filed 02/25/11 3012 of 6
Page
'•, -'·'
herein contained and the num of one Dollar ($1), the 'receipt ot
< <
,.-.
l.A.~I'~i'.;:;{r_ ahe.lJ:a.nd _her~b)' does aaa1gn tp.t~il;ga.zl.llo
Mla,nagqm.ont Co., Ino,. s.ny and all. ril!,ht) t.itlu an~.. inte.re!it hQ
may havo. or- eont-rbl. or Whieh he has ha.d or' eontrolled in ·.o.ncl_ to
~.;·.
:-:
'
..
.... ,. -the- t'ollowine; (without warr~nty that he has. had. o:r- control.l:ed
~ny s~oh right, title or interest):
< <
'.'
-. ·'· (l) Any '._nd o.ll MATERIAr.B, ~ncludil>G e:ny ""d oJ.J.
ideas.~
. names, . .
cha.ra.oters~ e;yt:~bols,. dE1s~• ..
. ' '
l.:Lkene-sses,_
'
\':1ll1l&l NJl•Mentationn, utorics, epil>Od•?• l1temr.r
·- . .'' proFerty, etc., which ha.ye been in whol.e or in part
.•:' acquired" pub11•hed, mercha~~i~cd, ~vcrtised and/or
~·_ .. .1i.oenaed in fJ.'I\Y i"o::rm~ field, o:r Modia. by the Ooo~nr; ~~
: ....... ~ ~- ·..
';
their ~ff1li$tes~ and/or their predecessors or sueces~
.. ' . . '" '
, ,,, , core in intoreot '(wh1eh shall be understood broadly and
,. ·to include their lic~nsecs and all who derive any
I . . -,.
in.t.~.n:~ t. r~:.uin W1li .ovoWaaHl)) 1 or &uy ot ..t..ht:m,. and
I .
(2) Any ~~ all RIGHTS, inoludin~ nny ~nd 'all
oop~rights, t:ra.demark:'\ 1 J;tn.tuU>ry Yi.chtsl- co:'llmon la\1
rights. GOOJ\till, <.md fl.ny ot1i.er ric;ht~ 'wha.tsQC'Ver
relatili~ 'to tho HAnRXALS in any and all mc~1a and/or
£ielda ineludin~ ~y ~d ~ll ri~ht$ t¢ rcn~wnl or
CONFIDENTIAL MARVEL0014572
JA604
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page112 of
Filed 02/25/11 3013 of 6
Page
..... ··-~:
and including by way of example ~d withou~ li~itation
. ,: . '·'
to th~ aoodma.M or tlicir designees.·
: '<
...,.. • l C, It ia tlie Si;tentl.on of. the parties ths.t by this
..... •.
as.signlllent i'i:..:'!JYl.s trans torrill& t~ Magazine bg.,.ent Co•• !ne•
&ny !Uid O.U AA'1'NJ!ll\L8 e.nd IHUH'l'B he llla)' OU:IIll, l1ava or e<>lltreO.
or h3.s o:laimvd, ha.d or oont:r:.ollt~d in thi!. past 1n· li.tly way whats.o...
'
..•. over ¢6Mer!ll.ng ·olt' l'olat~~e: :tp Captain Aroeri<ia Md nny othor.-o.('
the aforii.s~id HA'litt!AlS lf.nd.'R!OH't$J and that/1:.•..::y ~hali ha.ve n~ '!
I _.-"::-·
rurth~r cle.ini ot ~y kindari.ntng out of or relstins-:W ·.,,IY P)'St 'I
the:J.r a.l'f'u:iB.tea~
1.: bustneSs. relationship tilth" the Goodman>!.,
' . . . or'
I . pr~decCac'orc or $Ueoosooro :1:n i.nte;cmt. -... ·· ·
l'l 2. -~~..(~t"!-...'f. .hereby wArrant.~ .thnt he hn.? not ass~ign~d~,. c
lie•n$ed, or pl~4B~ !llld hl>.S not attempted or·;urported to assign,
l1oenoe, or pled&o o.ny ot the Y.ATERIJ'iis and lU\lll:tS to anyono other
•••q 111\l..
IIE11E
- ..'-~11
- 2 -
CONFIDENTIAL MARVEL0014573
JA605
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page113 of
Filed 02/25/11 3014 of 6
Page
j?rr . ,
~ :. ·. ~ . . '·.'
. .
.. ,.
.(
:In l.tlterost, Md/qr tbeJ.r <lesi!;t\ees a:>d that he WJll not dt> SO
l.n the t11ture.
~· /\Ic~·ft/" 'ahall exeoute or ea.uce tc be t"Xcouted upon
··..:·
rl.!\ht, title •M 11_1terost in and to the MATRlliAT.S IJ.!Id RIGHTS or
~- 'tho validity or the HI!.lllTS> Which.lllay b~ conferred on M"""':lnc
. ·~
·,.· ·- .
.. ..
.
~ ,
~Scm.cnt co.~.- .:r~a~~ by this Aeremt~~t, .or 'CO. tuiniQt 9ihW'11' ln
5o"·t3.o~.
CONFIDENTIAL MARVEL0014574
JA606
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page114 of
Filed 02/25/11 3015 of 6
Page
ItA:! ;o ;9n
Datod' _J..,vti..,;_"_ _,__.);"-9~""0
ay,tLdzL
' -.....
-.
- .-
CONFIDENTIM.
MARVEL0014575
JA607
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-20509510, Page115 of
Filed 02/25/11 3016 of 6
Page
:Wt!i! I 't'7Y'
day of ~t ~, b9!ore me pcrGorully
me 'kno•v;•n. an<l khown to ·roe tn bo authori7.1':t
I.
I
t
1
' tfr£vil.~~ ( .Not;:u;y Puol i
l ·.... J\.tH•:.m r:r."ltnllrn
! UOllJ',y r'J&li1S. :t~·'' •t IJrt Yr~
g~;!lj~~] ~~·~~"'f~~~•nn
I
C<l'ltl!!l\\~ tJ~r·l lhrl:~ lW. 111H
... ...
~·
CONFIDENTIAL MARVEL0014576
JA608
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page116 Page
Filed 02/25/11 of 3011 of 17
EXHIBIT 18
JA609
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page117 Page
Filed 02/25/11 of 3012 of 17
An Interview with
Stan Lee
lEONARD P1ns, JR. I 1981
CONFIDENTIAL MARVEL0017520
JA610
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page118 Page
Filed 02/25/11 of 3013 of 17
runmng and I won i! for the three w~eks l'he editor called and asked rn0
to slop enl~nng the conie>t and grve 'omeone dsc a chanr.e
Then he >aid. "What do you want to be, when you becorne a per-
lei"?., And I >aid, "I'd like to be an actor," because at that lime t~a\'s
what I thought 1 wanted. Hf sa.Ld ·'Don't be crazy_ You ought to b<> a
writer." Ard I prevrously had a JOb writing foro ho1p•tal--wrilrng pubilc-
,ty re!ea>es. That wos 1pare-time stuH wh1le I wa' in h1gh v:hool. I got a
job for one ot the news serv.ce': I wrote obrtuanes of famous people
who were s\Eil alive, so that wlwn they die. the obituary is all ready to
put in the papc•r_ But I quit becau1e I got very depres.1ed writing about
living people rn the p~st tense_
Pitts: What did you i:nd when you got to Timely Comic>?
Lee: I found a very small staff. It was just '11e and a few other peoplf,
and we only were publi<hing abou: three or four rnagannes a month.
I did a lrttle of everything_ I went down and got people their IL,nches and
I i 11ied the inkwells and I did some proofreading and I did 1ome copy-
writrng. Utle by little, I began lo write stories.
The lelia who had been the editor, he quit after a whr!e, and there
was nobody around to replace hrrn, so the publisher asked me if I couid
hold the job down temporarily unbl he got 'omebody else. At that time,
I was seventeen, and I gwess he drdn't fig-"re J seventeen,year-old was
qualifred to be the editor. I sard, "Sur~. I can do rt" He gave me a
chance at rt. and I think he forgot all about me, because he never hired
anybudy elw, co I >tayed there ever 51nce
Pitts: I get the rmpression that he didn't havf a lot of time to pay
attention to tile comics anyway. Didn't he have other things he wa>
puiJirshing?
Lee: He had other magazines, but he paid quite a bil of attention to the
l'Omlcs, too_ He was much more involved in the early days than later on.
Pitl$: 0 kay, so fur the next M-en ty or t~irty year5 you were there turning
out monster stories-
Lee• Well, I did everything. We worked accordrrg to whatever the trend
was. If thHe was a trend for cowboy books, we did two dozen cowboy
tit!es. When romance books carne In, we did two dozen romance books.
We were ju;t a volume publisher. Whatever was. trendy at the moment
we publ.shed_ We did teer,age hooks, such as Millie t~e tilode!, Ch;!i
and /-fer Frrends . _on and on. We did Kid Colt, Two Gun krd-my
i
CONFIDENTIAL MARVEL0017521
JA611
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page119 Page
Filed 02/25/11 of 3014 of 17
Pitts: But, you w-eren't g~tt1ng your creative JOII,e\ at th10 ;undure.
L~e: No. I wa> ;u>t dntng w~1t my pubii,her a; ked me to do_ Being
yaung, I enJoye-D the feelmg ot Importance of bcmg editor and art drr~c
tar and head wntcr It n0vcr occurred tom~ tha.t what I wa1 do1ng
wasn't all tilat great I mp,,n, 1\WdS adequate. We wNe making moi'CY,
but nothng lhdt anybody could really brag about
Pitts: I know you've been asked :his next questron c. rrttllion tmw>, but
I ilop~ you won't m1nd mak1ng rt a <11111'on dnd one. wht was the event
lhJl c~ongfd 1t ai! «Wur•d?
Lee; Well, o> far as I can cencember, I was abouC to qu1t twas really
bored with what I was doing lhs was about 1960_ And my wile ;a1d,
"B€iore you leave, ;ust once wily don't you try to put out the kind of
books you your;e;f would lrke to doT' So I rhd.
Mortin Goodman, my publisrer at the trrr>e, told me tilat he ilad
h~ard that DC Comk> had a book culled the Ju>lxe League or til~
Justrce Soocty. I can't remember-one of tho<e. And •t was seiling
ratiler well. He sa<d, "Wily don't we aho put out d book with a team of
<uperileroes?-' So I >aid okcly, bull decided to do it ddferently for once
That was when I came up with lhe idea ol the Fantastic four. I dec1d€d
to try to make them real pe"onalitie> a~d let them react like reai people
would read to the real world Jack K~rby dr~w 11 '<td mnlnbuted many
ideas, too, of course, and it redlly >ucceeded far beyond anybody's
e"pectaticns
I aiways thought that was the way wmics should be done_ Ar.d then
WG came out with- I forget the order of til em I til<nk ~~~ ~e>:t was the
Hulk, then Spider-Man, Dr. Strange, T!Jor, D,1redev1/, Iron Man, S/1.
Fury, lhe Avengers, lhe X-Mcn_ ltwa> iike I was on a roiL I wuldn'tdo
anyth1ng wrong. I don't ~now that the ideas werP <o good. I thtnk 1t
was more tile style. I thnk the readtrs relaled lo that style of writirg
CONFIDENTIAL MARVEL0017522
JA612
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page120 Page
Filed 02/25/11 of 3015 of 17
Pitts: When you >ay sl yl~, arc you IJikmg about tlw actu~l rnechww > ni
the wntrns?
lee: The rnechantcl of the wnting is all pr<:tty muc_h the ;arne. the style
bcrng, try ng to huma.ni<'' the charade« as much ,\\ possrble The brg
formula, rf you want to ~hink of it as a formula, wa' JL>\t seyrng to
.,-,y,elf, suppme ~real. flfsh arl<l blood human had th"' one! 'uch a
super power" What would h'; itfe bc- like anywdy7 What wowld happ~n
lo hrm ir, the rral world.
Lrkc iron Man. okay, oo he's got thi> •.urt of ~rmor ond he can 'ly and
he\ ve<y ;trong-, tut won'i he <trli have to worry about unron trouole at
h" factor(! And won't he still hav~ to worry about women probl~ms,
g;ris who are runnmg after hrrn and sn for< h. and tris weak heart <md 'iii
the prob!em he has?
MayCJe what I'm oay"ng i<: I !ned to concentrate rnare un tile charac-
ter>' IWrsonal 'ives, and not JUS! make the slory a case of hero s~es a
crime he1ng committed, hero goes alter the cnminal, hero frghts him
and catch~s him"' the end, whrch had Fretty much been the formula
up till then.
Pitts: Would you say,"' a nr,tsh~ll, that the key to the early success of
your work was that it gave more re<pect to the rfaders' rntelled?
Lee: Oh, ab>olut~ly, because suddfn)y we found we were getting older
readers Older rfadec~ who had never read comic> beiore werG pi~king
them lip and enjoying them and were stayrng with u>. There were a lot
of other thrngs. We were trying to get more story content aho. We us~d
contrnued \!.ones. which gave us more mom_ Instead of telling a whole
epic in twenty ()ages, we had a hundred pages, because the stories went
on, .ssue aflec issue. We could gel mare subplots, we could get more
plot development, more c.harader del;neation. we could flesh the ;tories
out and make them like little rnotion p•dures. Even the vocabulary: we
would use whatever words were ~ecesse.ry for a situatron We didn't soy
to ourselves, "This word wrtl be too dtffwlt tor the young kid.< "
We tri~d to have the peopie taik like real people We tried to wnte
the stones as 1hough we were screen write,-,, writing screenplays or tfl~
vision shows_ The whole idea was to rnak~ the stories os adult a; possi·
ble and still keep them enjoyable and untierstandahle for young kicls.
CONFIDENTIAL MARVEL0017523
JA613
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page121 Page
Filed 02/25/11 of 3016 of 17
Pitts: If I hi!d wslked 1nto tr" Marvel offi<W· ~~ th"t point !her~ rn the
•;,xlrf>. what wnuld I h.:we found?
Lw: I thmk you'd have tound a smoll group of guy1 workrng lrkr nazy,
hams1ed and heui<.-btJ IHppy, enrnyrng what they were doing and
very ~KCrlht 4boul what we were dorng. it was something new We
ifl'ere creating new characters, a new mythology, a~d thf pr;blit wa>
rpa<Jrng favorably to hem
\Ne Hi r,,lher proud of wh~t we were domg_ We ever. started put-
ting c1edrts rn the books, whch had never reolly befn done 1n comics
before_ I started wntrng a co!umn, "Scan'\ Soapb<>x," and made up this
"Bullpen Bulletrns" page We tn~d to brrng the readers into ihe whole
Marvf'l world wrth us 10 thPy weren't tu>t iM>. They were fnends_ 1 tned
to \alk to the reader; as rll was srlting nght with them and thFy Wfre
<h.lnng the excfkmcnt wrth me Tried to k~ep everything miorma! and
'ncndly ar.d ~xcrting
Pitts: You dlso seemed to enjoy creating. for want ot a b"tter phrd\e,
a bunker mentalrty in wh•ch here was little tiny Morve! litkrng potshots at
t~rs huge grant, DC It was the underdog >yndrome,
Lee: rhat was the ca>e- We were definitely the underdogs DC was the
gianlrn the f1eld when it lame to ;uper~eroes. They had I don't know
how mar.y 'uperhero IItie>. We only had the fantastic Four wh~n we
started, but we kept adding. DC was owned by Wamer Brothers and
thvy were b•g and weaithy_ We were the i<ttle outfrt. a~d we were very
exerted about the Iact that we WNe $uddenly starting to compete with
DC and p~oplf' WNe noticing us. It wa5 a great !eeiing_
Pitts: In r~bbing shoulders w;th your fellow pmfes>ronals, drd you gel
the feeling they saw you guys at Marvel a~ a contender?
Lee' I never <eally thought of rt that way. I was In ends with mo<l of the
staff at DC and when we got together, we just kidded around and
li<lked. I didn't think oi it in those terms.
Pitts: let's puc it this way: was there an event or a time when you sud·
denly real,zed !Mt Marvel would, i\5 you liked to put it back then, take
over the world?
Lee: I don"t know when that time was, but I began to get a sense of that
as t1me went on. I cou.d tell by the fan rnaJI. I could tell by the reception
I got when I went to comic book conventions I would be there with
members of the DC staff and ali the questions were drreded at me from
CONFIOENTIAL MARVEL0017524
JA614
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page122 Page
Filed 02/25/11 of 3017 of 17
llw fan< rr the audrenre. All the rnlerest seemed to be for Marvel. And
!rtre by lrtrle, yeah . . you'd have to be blind not to reulrze that Marvel
"''lS whtre tlw exqtement wal ;n tho-;e days. I'd like to thrnk 1! >I IIIII
Pitts: Yot! got a Idler unce from a woman who tranked you for
hdp:ng her 10 raiw her son so well. I'm sure lh~t'l r.ot:he only letter
of that type you've received. How doe\ 1! feel to hav€ helped r<use a
g~nerat,on ot k•ds7
Lee: Very good. Wonderiul. Yuw're right l'w gotten many Hters !ike
that ~nd I tre~<ured them and I cannot tell you how gratified lfwy
made me feel, how warm they made m~ kci You know, when you're il
wnkr, you srt at a typewnter alone ard yow·re batting out a lot of
word-; ond you have no idea rf any body's ruding them or !I Jnybody
cares_ I guess everybody likes lo feel t~at what hf does has some
mear-ing to somebody
! u<ed to Irk en 1! ~o ,, drsc jockey who ha\ a late-night'lhow 1omewhere
and he 1il1 in a little room by him>elttalking 1nto a microphone. He kind
of hope; wmellody. somewhffe il l!>lening, but how do~s he ever know!
And suddenly, you start getting !hi> ma1l, all this feedback. I got Idle,-,
from kids who said, "Slall, I'm having a Har Mitzvah. i'd low it if you'd
wme_ My father 'ays he'll pay your fJJe." I got a Iotter from a krd 'ay•ng,
"I had to deliver a valedidonan <l.ddress. I just graduated and for the
subjfd of my addre;s, i used a speech you had Lhe Silver Surfer make 1n
issue i' so and so" _ or, "My mGther <ard, how come my Englrsh grades
are 1m proving so and I told her I'd be€n rendrng Marvel Comics and she
(lidn't believe me." Sure, rt was wonderful <ecervr~g mail :ike that
Pitts: I'd be remiss if I didn't tell you that lrnterv1ewed Kirby ior this
book and frankly, I didn't know what I was letting rr-yself in for. He's a
very b<tter man. Very angry. There wNe a lot of thrnb'S he said about you
that I would like you to have the opportunity to respond to, rf yotfle of
o mind to_
Lee: Okay.
Pit\5: Let's start with the picture he paints of his contribution to Marvel
As he put it, "I saved Marvel's ass" He says when he walked m lor h11
frrst meet1ng with you, you had your h€ad dow~ on th€ desk crying
because Marvel was to be closed. You wer€ in dcsparr, an emotional
wreck, and he came and told 'you, "Loo~. we can do th1s, we car do
that. and we ~on revolutronrze com1cs."
CONFIDENTIAL MARVELOD17525
JA615
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page123 Page
Filed 02/25/11 of 3018 of 17
Lee: Well, that's his rcmcmbronce I don'l think there's ever oeen ,1 time
when I've had my head on the de;k crymg. You're mee\lng me now,
I don'tth1r.k I come aero" as ar. emotional wretk. I really don't know
whax he\ ~llud1ng to at ali
Pitts: Alw, he Idyl every character lhdt\ nediled a> a Stan Lee ch,>roder
"a Jack Kirby ci1aracrer, 1ncluding Sp1der-Man, wh.ch he >ays he passed
to you and you paswd to Ditko.
LEl": (SIGH) Jack has h" own perception of these thing>, and I think t
undeflbnd the way he ted<- It'' r<:,1ily :1 semantic diffcrcnm of opiflion,
beca~;e 1! depends what you m~on by "creallng" sonnthing_ For exam-
ple, the first book we did was Fanb.,-l!c four I camf up w1!h the idea of
the f anta>tiC Fow I wrote it down_ I still have lht' outline I wrote--the
whole 'de.1 for the story And I <'<>lied Jack and I sJid. "I'd Hkc you to
draw thi,. H~<e's trc outl1ne. these are the charadcrs I want," and 10
forth. Jack then tonk 1t and drew 11. Now, Jack did ere at~ the tharadcr;
in the <emc 'h~t he drew them_ I d;dn't draw them I wrote them_ He
nNt<~d the woy they look.
JJCk ,,l,o cudnbuted quite ~lot as the series went en in ideas,
in plot. Jack is wonderful 1t story. He's very 1ma1,~native He'$ the
most talented guy m the business as far as I'm (Oncemed, as bras
·magi nation goes He contributed a great dNL We worked"' partners,
but the creation of the characters, it seems to me ... li>:e w1th the Hulk:
I sa1d t<J hm <Jne day, "1 want to do a hero who will be a mon>ter_ I th1nk
that would be great I want to get a wmbir.allon of the Hankenstein
mon,ter and Jekylt and Hyde. I'd like you to draw it, Jack. ond this i> what
i'd l1ke 11 to be_" And then we would discuss it, ond I'm sure Jack
contnbuted a few ideas. too. But 1! se~_m 1 to be that the person wl1 o
says, -'I have this idea for a character," that's the person who created Jl.
I could've given it to ~nybody to draw. Jack was the best I gave them
to Jack
I have never tned lo deny Jack's gr~at contribution 1n all of these, but
for him to say he createD them all _ He's not the one who came to me
and said, ''Let'> do the FJntastrc Four or let's do the 1-iu/k_ I came to hirn
and said it_ I said, "I war1t to do a god. Let's do the god of thunder---
Thor_ Nobody has ever done Nors~ mythology b~forF. They've done
Romon gods and Greek gods. I want to play with Norse mythology, and
I ttJink the idea of 'I hor would be very dramatic." So, if that doesn't give
me the nght to >ay I created it, I don't know what does.
CONFIOENTIAL MARVEL0017526
JA616
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page124 Page
Filed 02/25/11 of 3019 of 17
drfferently tl1<1n you draw your other chJ<octers," bewuse Jack drew
characters vey hcroicarly_ fh,cy were all big and nob:e klokrng. I >ord,
-'I'd like you to nMke '>pF<Irr-M~n kind of an average g~y. Alrrost nerdy.
He\ g1.y who wedrs gia"es, he's r.ot strong, he'> boo~worm, he's not
th,tt popular with girls_
Jack c~me hack o litHe whrle iatQr and brought me two or three
~ttge; drtd I IO<Jkt•d ollhem dn<llhey w~re nicc·ly drawn, but it wasn't
wh.;;i I wanted. The chdfader looked rnore lik~ Captain Amroica than the
way I warted Spider-Man to look I sard, "let\ focgelrt, Jad< I don't
thrnk thrs one is for you " Jack had enough other boob to do. It didn't
-'ll~tter I gave rt lo Steve D>tko Now, how !dck can say Ce created it,
I don't know. <here\ only one th1ng. and I don't know, my memory
;Sn't th,Jt good: Jack, when he gave me the [}ages, he had prob.;;bly
dr,>Wn a pidure of Spider-Man Ditko m~y have taken Kirby's co'tume
and when he drd t~e <tnp, he may have drawn the costume Jack had
done I do not know for a lad wnether Dotko made up hrs own costume
or took Jar;k\. II J<1ck With\> to say he created \he Sprder-1/lan costum~.
he may have. I don't know. If he want> to say he created thF Thor cos-
tume, the Fantastic Four o:dumcs, whatever else he did, fine. But I don't
think that's tile same as sdyin.<:, "I c<eatcd this book or this concept or
this idea ,.
Pitts: Jack daims that he did the writmg you got all the credrt for, and he
also said he left MaJVel thdt first time because he felt he was creat,ng in
you the krnd of character he didn't want to create Can you tell me what
he's talking about?
lee: No, i really don't know what he's ta.king about. But I don't
know much of what Jack is talking about these days. I mean. when
I listen to these things he says, I just feel I'm listening to the mouthings
of d very bitter man who I feel quite sorry for_ I don't know what his
problem rs, really.
As far os him doing the >!aries, Jack n5ver felt that the script itself_
the dialogue I wrote, was part of the story Very often, Jack would make
up the plots. We would dr<.cus; a story before it was done, and I'd say,
"Let's bring Dr Doom back Let's let him capture Reed Richards or do
this and that'' Jack would say okay. and I left most of the details to Jack.
CONfiDENTIAL MARVEL0017527
JA617
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page125Page
Filed 02/25/11 of 301
10 of 17
it's (iUill' trtw, ala: of the otonc'- -the plot~i~g oflhem-- ~e created_
I would r;rve him a couple ot wnrds and he did the r~st I've never t~ken
\h,ll ,,way I rom h,m_ He WitS wonderful at jhal.
Then he would br.ng me the drawmgs. I would P-'t i~ ali the diulogue
and alllhe caotions_ I have a feeling that Jack comiders th~t relalrvely
unm:portanL You know. "Anybody can put lhf draJt,gue rn." I would
lrke to feel thii\ lhe style I gave the storie> by putting the dralogue ir was
gurtc :mportant_ Ailor ail, he manner of speech 11 rmliy what g1ves the
d"""-"h'" \heir pNIODilHy. AI J mailer oi fod, wiwn Jack left Murve!,
h1s >lone\ newr read ~he \Jrne again, I he ones he did w.thout me. They
may bve been better or worse, but they were novN the same fhe ;to-
ne> I wrote wrth J2ck had a certain <tyl~. dnd I th<nk they He gr~Miy
''''f"m-;rhl~ for Marvel\ >UCCess. I thrnk rt" a shame that Jac~ didn't stay
w<lh us I lhrc1k he and I could've sd done great things together. I have
Jbsolutely no idea why he is w bittcf_
Pitts: Let 'I nmve on to happler ground and talk a litt'c more rn-dcpth
abou; the ere all on ot oomc of your Dettcr-known characters We ran go
back to the i'F and, rf you would, talk about the creatron of rhe indrvrd-
ual characters a> opposed lo the turn
Lee: Well, wilh the fantaS!rc rour, I knew we wanted to create a team
So the next problem was to figure out who should comprise the team_
I figured we haw to have one leader And lor a name, I thought he
would mode<tly cdll hrmoelf Mr. Fantastic. I got a kic\ out of that.
I f1gur~d I'd make him the world's greatest scientrst, Jut unlike ,orne
ot~er books, because he :sa great me nbs!. I tried to wrrte him as
CONFIDENTIAL MARVEL0017528
JA618
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page126Page
Filed 02/25/11 of 301
11 of 17
Pitt<: With Dr. D(}(lnl, you created the runaway most popular vrllain rn
com res illld ea>rly the most complex. How?
Lee' There agam, I wan led to make him a screntisl: also, because I fElt he
had to be able to compete with Reed Richards. I thought it would bP fun
it they had been dassmams rn ;chool together. The one q uaiily I tried to
grve him was a qualrty oi . __ well, he's regal He's not just the average
villain who wants to commit crimes and <rake money. Doom has all the
morey he ne~ds_ What he wants is to take over the world-to run the
world, Ar.d I tried to write rt as though maybe Doom muld_ Maybe he
could do a better JOb tha~ is berng done now_ He might be thought of as
a benevolent despot.
In fact, in later <lories and in my newspaper comic strip when i've
featured h rn. I've had him saying things lrke, "I may rule with an rron
hand. but there's no en me in Latveria" -wl"ch is his country- "there's
no poverty and no unemployment and there aren't many prisoners in
CONFIDENTIAL
MARVEL0017529
JA619
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page127Page
Filed 02/25/11 of 301
12 of 17
iJJ -, Of course. that was because h~ hdd mo>t of them >ilence<:i_ I al<;o
tnt'd to g•ve him 4 >1rong sen>e of honor. I seern to remember I W'Ole
;ome >lorie> where Doom would "'Y· ''If you do thu1 d~d \W(h, i'll 'ct
you tree" Sue would '.ay, "How can we :ru1t h•m'l" t\nd Reed wou!d
o~y. "Dr. Doom, for all hts faulll, has hiS own code of honor" In h~< way,
he''"" the mo>t noble of all the bad men_ I loved '.he rdea of him bcrng
a krng. the idea h~ could come to Am~nco ~nd b1· 1<'11~ from arrest
brc.\11\f he h.1d drplomatK rmmun1ty.
I drrln't want him to be that hateful I thou~;ht rt wouid be fun to
havt· a vribin you could kind ot rciatc to, ;~ a way I thrnk one of rny
bvorite otones was whrcn Reed tough! DL I loom Mtd Doom won_
At the rr.d of th~ <tory, De om W~\ wry hdppy because he'd +inally
defeal~d lh~ Fanla\Lc Four, bulrt turned out that Reed had hypno\r;:ed
hrrn or ;ornethrng Doom hadn't rc-al!y won, but Reed felt thars the one
'"'"-Y :o get him oft hrs back forever It he \htnks he's won, he'il never
both~r them agarn.
monsl(•r, we'll borrow o mncept from Jek)'il und Hyde ~~d let-t be a
man who lurns into a mon1tcr urw1llingly, who mu5t 'pend h> life "yrng
lo lUre himself of tllis rather r,n1que ahction.
Pitts: When you finai!y talked Goodman Into doing SpidedVIan, the
alter-ego you created lor the character was almost the prototypical
milquctoast nerd-at lea;t 1n hiS earliest incarnation. Where did you get
your ideas for the cha,adm of Peter Parker?
Lee: More from •nyself than anybody. In the group, I was olways the
youngest kid, and I was aJways the th1nnest kid. And, while I was a
good alh ete-1 always P'aycd with tCe olher kids, I played oaseb,J.II,
hockey, handball, and everything-because I was tne youngest and
the thinnest. I was never the captain or the leader Jnd I was always
the one getting pu<,fled around. And I figured, kids would relate to a
concept like that. After all, most k1ds have had s1mila' expenences.
Turns out I was right
CONFIDENTIAL
MARVEL0017531
JA621
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page129Page
Filed 02/25/11 of 301
14 of 17
Pitts: There was ,;omething almost Chnst·like about the Surfer_ Was that
1n Jack's origihai conception?
Lee: No. That Wcll the q"al1f)' that I gave to h1m As he was ongrnaliy
drawn, he was just a powerful guy on a flying surfboard.
Pitts: I remember reading 1n one of your old wlumrs where you said the
Surfer was being quote<.:! 1n pulp1ts across the country. How drd that
affect you? Is there a special place in yo"r heart for hirn>
L"": Absolutely You know, I used to lecture a lot at colleges and
very often during the que.<tion and answer pPnod, the kids i~ the
aud1ence would say, "Tell us about the Surfer and how he relates to lhe
Judeo-Chnstia11 concept of religion Did you have Jesus Christ in mind?"
CONFIDENTIAL MARVEL0017532
JA622
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page130Page
Filed 02/25/11 of 301
15 of 17
Pitts: I've he2crd 1t rumorN:l that you passed down lhe edict at MMvc!
that no one will wrik ,1 Surfer \erie> ~xcept you.
Lee: I did, and then when I left Mdrvel phy<irally to move out to the
(\Ne<;t) Cnast, alter a f~w years there Wd> "'"h a clamor lor the Surfer
!hut they're hnally putl111g out <ome new books, whi(h ar€ being wntien
by >omeone else. I mu>l s~y I'm sttil unhappy about tl. but I didn't feel
I <lwul<i make a big fuss about ;t. I can't nlli<t that ~obody ebe wntes ;t
tf the WNid wants mme Surters and I don't IMve t"ne to do 1!. But I was
dlways drctd th<ll wh<1ev~r wrote •t wouldn't wnle hm' the correct w~y.
because I don't want hrm tre~led too much iike a ~ocrnol ;upnhcro.
Another fear I have" .. >ornetime\ a wntN can try to wpy your stylr,
too much and it comes across a; bemg too corny
Pitts: Daredevil
Lee: rlwre again, w0 were try•ng for something different, and I figured,
why not a b;ind 1uperhero? tv~1ybody thought 1t was a crazy 1dca, bul1l
really wor<ed. He's one of mmt popular characters today
Pitts: Finally, your most recent creatron and, in many ways. the most
controverSial. lhe She·Hwlk.
lee: Originally, we thought we might be able to sell another verst on of
the Hulk as an animated cartoon, so I was asked to create such a charac-
ter, and write a good story lor it. Someone came up w1th the name
"5he-Hull(' Jnd I thought "Why not?" So I did it But I only c,-.,ated the
character and wrole that lrrst 1ssue I didn·: have time for any more
Personally, left to my;eli, I wouldn't have done the She--Hulk Even
though <he'; a good character_ . it smacked to me too much of
Superman and Superboy and s~perdog &nd Supersneaktrs and on and
on. I felt one Hulk was all the world really n~eded.
Pitts: It's heen quite a few years s1nce you were actively writing. Have
there been any verstons ot your charudcrs Since then Ihat you fe!t were
CONFIOENTIAL MARVEL0017533
JA623
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page131Page
Filed 02/25/11 of 301
16 of 17
rediiy r·xn,lleM-- -tn,,t Cdplurcd the 1prrit of what you did and then added
'omething extru to •t7
Lee: Oh, surr. It\ fwd to r~member exatnpl~s I don'< r~ally have brne
w r~ad the books now, bull would read them J. 'ew year; ago or at
h1st !oak through a tew of them. and every so otten I'd see a >tory tho\
wor;lr! make ""' say, "G~~, Hut's really terrific" Th~re wao one 5prder-
Mdn ;lory about a Kid who was dyrng and Sprder Man came and-
Lee: rhat\ r\. It was "lovely little story I thought rt was ;ust great I had
;een ,1 few Daredev!ll that I thought w~re good, I saw some Fanla5IJC
rour< that lf,ked_
Pitts: I el\ turn il arcund. H,lve there beer any ver"om oi your charac-
te" that you've been cspeca!ly unhappy with' I remember you saying
~hat you we'~ unhappy wrth the ()wen Stacy done s'ory and the whole
dealM of Gwen Stil:ty in Spider-Man.
Lee: Well, the done, I :hrnk, was rny <uggfstkm originally. I was 'o
unhappy she was dead I was trying to thr~k of a way to bnng her back
witf:out da1mmg 'thad been an ;mag-,nary story or >Om~thrng_ Didn't
1eem to work, though, but I never would have krllf'd Gwen Stacy'" the
fir<;t pl~ce. Whfrt i g~ve up the strip, he \Gerry Conway) sard, "How
should t write ;t?" I sad, ·'You're the wnter now. do whatever you want."
I don't feel rt's right to try to cont. ol something if I'm not there anymore_
I had to go to Europe for a while When I came back, I found out she
had been krlled. liard, Sheeesh! I dtdn't mean k•ll oft all my thar~ders.
But rt wo5 done. It wdl irrevocable.
Pitts: Any other examples like that, where something happened with
one of your character< that really rnc~nsed you?
Lee: Well, lhere've been a lot of changes m the books sin~e i left. I can't
say I've been incensed_ I'm confident that Jim Shooter and his staff know
what they're doing. Jim's one of the most innovative talents in comics
You ca.n't keep things tre same all :he time There are perhaps more
changes than I would have made, because I hke thrngs that are a lrtlle bit
more constant and dependable. I would have preferred rt if the stones
and the plots changed a lot but if the characters remained more con-
stant. And yet a lot of the thtngs that have befn done at Marvel have
been very exciting and very rtimuiating and provocatlve, :rke the Iron
Mall <enes where Tony Stark becomes an alcoholic A lot of people have
CONFIDENTIAL MARVEL0017534
JA624
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-21 509510, Page132Page
Filed 02/25/11 of 301
17 of 17
~alkcd about .t, been rmer~Slt'rl in rt. e<tred about 1\ I think il-s grtdl thdt
wnter1 are u'ing therr ow~ rnHgtnatrons and going wlwrever \he~< own
taste; ifad lhc•rn
I thrnk, by dnd large, the book' a~d the change; are pr,,tty gooo
CONFIDENTIAL
MARVEL0017535
JA625
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-28 509510, Page133 Page
Filed 02/25/11 of 3011 of 14
EXHIBIT 25
JA626
.
Confirming the various discussions between your attorney Arthur Lieberman ;md Tuck
Hardie ofMarve!, this letter when accepted and agreed to by you constitutes an agreement
between you and Marvel Enterprises, Inc. (''the Company''), the parent company of Marvel
1. You will serve as an employee of Company, or one of its affiliates as may be designated
by the Company, based in Los Angeles for.a term commencing as of the date hereof and
terminating on your death. Notwithstanding such death, the compensation provided for in
Section 4 hereof shall continue until the last to occur of {i) your death (ii) the death of
your present wife, Joan Lee (provided that she is still your wife upon your death) or (W)
five years after the death ofbotb you and Joan Lee, provided that your daughter Joan C.
2. Your services shall be non-exclusive but your work for Marvel shall be on a preferential
basis. You shall not, however, be required ~o put in more time on Marvel's behalf than
you have averaged in the last two years, wl:Uch shall be approximately 10-15 hours per
week. Any time in excess of that shall be at your option but without additional
compensation. It is agreed that you can engage in and be compensated for any activities
outside those performed for the Company or_ Marvel including activities that are
P0547
MARVELDD14820
CONFIDENTIAL
JA627
.
competitive to those of the compai!-y or its affiliates, so long as that competition does not
violate any of the intellectual property or other rights of the Company or Marvel or result
information (at the time of disclosure) in writing. Your services to Marvel will consist of
the following:
{a) Serve generally as a spokesman for MarveL including giving speeches and
interviews and visiting conventions on Marvel's behalf. as Marvel may from time
(b) Conferring on a regular basis with the creative staff at Marvel's various
operations, guiding and advising the editorial and art personnel and the like in
(c) Work with motion picture and television producers and distributors to stimulate
their licensing of Marvel characters and supervise movie and television projec5 of
3. You will continue to serve as Publisher ofMarvel Comics and your name and likeness
shall be non exclusively licensed to Marvel in the milllller it has traditionally appeared on
Marvel Comics as more specifically provided for in paragraph 5 below. At your option,
Marvel shall name you as Chairman Emeritus of the movie or television company as
4. As compensation to you for your life notwithstanding any disability, Joan Lee, your
-2-
P0548
CONFIDENTIAL MARVELDD14821
JA628
.
cwrent wife, and Joan C. Lee, your daughter, the Company agrees to provide the
following compensation:
{i) from the date hereof. through October 31, 2000, you are to be paid a base
(ii) from November 1, 2000 through October 31, 2001 the Base Salary shall
be $850,000;
(iii) from November 1, 2001 through October 31, 2002, the Base Salary shall
be $900,000; aod
(iv) from November 1, 2002 until death the Base Salary shall be $1.0 million
dollars.
All amounts ofBase Salary shall be paid in accordance with customary payroll
policy on a biweekly or semi-monthly basis. You may elect to have aU or any portion of the
Base Salary paid to S.L. Productions or any company you so designate in lieu of making the
(b) SurvivorPayments ··
(i) Upon your death., your current wife Joan Lee (provided she is your wife at
the time of your death) shall be entitled to receive, for the balance of her
life, an amount equal to 50% of the Base Salazy in effect on the date of
(ii) Upon your death and Joan Lee's, Joan C. Lee,-your daughter, shall be
entitled to receive, for a period of five years, the sum of $100,000 (payable
-3- '
p 0549
CONFIDENTIAL MARVELDD14822
JA629
.
in. accordance with customary Marvel payroll practices) provided that Joan
C. Lee does not predecease either you or your wife Joan Lee. ln such
(l)The Company agrees to issue to you, in accordance with the Company's 1995
Stock Option Plan (the ''Plan"), a total of 150,000 options to pun:hase shares of the Company's
common stock. Such options shall be, if possible be within the employee plan and are, granted
as follows: (I) 100,000 options shall be granted at a price equal to the market bid price as of the
date of grant, such grant to be made as promptly as practicable following execution on this
Letter Agreement. but not later than November 20, 1998; (IT) 25,000 options shall be granted not
later than the first anniversary of the execution of this Letter Agreement at a price thee. equal to
the market bid price and (ill) 25,000 options shall be granted at a price then equal to the market
bid price not later than the second anniversary of the execution of this Letter Agreement. each of
the above options to vest in the year of granting and be for five years from date of issuance.
(d) Set-Off
.
If, after November 1, 2002, you personally receive, or any company wholly owned or
wholly controlled by you receives revenm: from competing business activities, then the Company
shall be entitled to set-off from the amounts due as Base Salary hereunder an amount equal to
25% of such competing business revenue (before deduction of expenses and on a pre-tax basis)
to a maximum of$!90,000 in any contract_ year (i.e..• November I, through October 31). You
agree each year after November 1, 2002 to furnish a certified accountant's statement (with
appropriate suppon) to the Company detailing the computation of said S~t-Off. Where the
-4-
P0550
CONFIDENTIAL MARVELDD14823
JA630
.
(c) Expenscs/FringeBenefits .
(i) Yau are to receive prompt reimbursement for all ordinary and necessary
policy, except that you shall be permitted your customary style ofbwiness
travel (which shall be first class with limou.siDe and stayin luxury hotels).
(ii) You also continue to have the benefit of a single full-time assistant.
(f) In addition, you shall be paid a participation equal to 10% of the profits derived
during your life by Marvel (including subsidiaries and affiliates) from the profits
from the fee charged by Maivel for tb.e licensing of the product or of the
characters for merchandise _or otherwise. Manrel will compute, account and pay
to you your participation due, if any, on account of said profits, for the annual
period ending each March 31 during youf life, on an annual basis within a
(g) You will have the right to continue to author the syndicated newspaper comic
strip "Spider Man" and receive the same ex:tra cornpensatioc. therefrom that you
have been receiving, to wit, $125,000 annually pursuant to your agreement with
Marvel. All such comic strips shall ~ontinue to be published as is done in the
current circumstances ..
5. Subject to paragraph 5(f) below, in express consideration for and expressly dependent
-5-
p 0551
CONFIDENTIAL MARVEL0014824
JA631
.
upon the faithful performance of the foregoing obligations of Marvel, you, Stan Lee,
residing at 9143 Oriole Way, Los A.ogeies, California 90069, agree as follows:
(a) Except for your name, likeness and the imegrarion of eilher your name or likeness
with a specific phrase, such as "Stan's Soap Box'', "Stan Lee presenrs", and
except for the term "Excelsior," (as to which Marv"el shall have non-exclusive
rights of use, in accordance with the terms hereof, the "Non-Exclusive Rights''),
you hereby assign. convey and grant (without representations or warranties of any
kind except as set forth herein) to Marvel forever throughout the universe all right,
title and interest solely and exclusively which you may have or coatrol or which
you may have had or controlled in the following: Any and all ideas, names, titles,
stories, plots, scripts, comic books or c_omic strips, episodes, literary property, and
the conceptual universe rel<3:ted there!o which will or have been in whole or in part
Mazvel, its affiliates or their predecessors and successors in interest and licensees
and any copyrights, tradem~ks. stat4tOI)' rights, common law, goodwill, moral
rights and any other rights whatsoever in the Property in any and all manner and
trademarks and to recover for past infringement and make application or institute
suits therefor (the "Rights''). With respect to the Non-Exclusive Rights, the
foregoing rights of Marvel shall extend solely to the uses heretofore utilized by
Marvel; changes thereto may be made with your pennission. Such prior uses may
-6-
P0552
CONFIDENTIAL MARVELDD14825
JA632
.
continue in perpetuity.
Specifically el!C!!pted from above, you have represented !.hat you have been
!1ctnizoc.s. You may contiDD= forever in pctpeluityto so awn and exploit the
Notwilhstanding what is set forth herein. you may, for publicity, advertis.ing,
ublic relation. historic:d and any rebtcd .PUrpose-s~refer to or hold you~,;:If out
founder and/or creator of'wtLiltc"Ycr chamci:~ Uld imag~ )'OU c.resied or founded
on behalf ofMCJIVcl. proviQ.ed such uses do not confuse ov.:nc..""Sh'ip or source of vso.c;al-)
inthc:fi.l.t~
(c;) .
. - .
.
Subject to a mat~riat bre:~ch of this a.gR:m~t, you ht:reby agree to execute upon
. ··.
rc:que5t .from Mu'r'd any dccllmects it deems reasonably necessary to eff~t the
-7-
p 0553
CONFIDENTIAL MARVELDD14826
JA633
.
Copyright Office or the U.S. Patent ao.d Trademark Office or any governmental or
public agency throughout the world, and will never assert or assist on your behalf
complete and unrestricted right to usc and exploit said Property or Rights
throughout the world i.n any form. manner or medium Marvel may desire now or
(c) Subject to a marerial breach of this agreement, you agree not to contest either
dirct:tly or i.nclirectly the full and complete ownership by Marvel, its affiliates,
designees, or successors in interest, of all right, title and interest in and to the
Property and Rights or the validity of the Rights, which may be conferred on
renewal copyright, trademarks, service marks, patents, etc. for the Property and/or
(f) It is agreed that the failme ~o pay plli'SLlaD.tto Paii!.graphs 4(a)- 4(c) hereoffor
any reason. after notice and a thiny {30) day cure period, shall be a material
breach which shall permit you at your option to vitiate Paragraphs 5(a)- (5(e)
(the Assignment) above and place the parties to the "Assignment" in the condition
that existed between them j,ust prior to the date of execution of this Agreement
-8-
p 0554
CONFIDENTIAL MARVELDD14827
JA634
.
contained herein, shall be used as evidence in any subsequent proceeding nor shall
it.prevcnt the parties from taking any position with respect to the ownership of the
Property or the Rights. It is further agreed that. as ro all other breaches of tbis
(g) It is acknowledged and agreed that so long as the Company continues to make the
payments required in paragraphs 4(a)- 4(c) and upon full payment of the
amounts required by Pan~graphs 4(a)- 4(c) none of the heir.;, execUtors, estates,
or other successors-in-interest of any of Stan Lee, Jam Lee, or Joan C. Lee shall
be entitled to make any claim for payments under Paragraphs 4(a)- 4(c} and
neither Joan Lee nor Joan C. Lee shall have the right to contest, challenge or
otherwise dispute the grant of Rights in the Property (or A.ssignmenr) hereunder
6. This Agreement, including the assignment set forth herein, shall be binding upon the
parties hereto, their affiliates and subsidiaries, legal representatives, successors and
contravention thereby of any law, rule or regulation of any State, the Federal Government
or any agency, shall not relieve any party from irs obligation under, nor deprive any pany
8. Other Provisions. Tbis Agreement will constirute the entire understanding between the
parties in connection with Stan Lee's relationship with Marvel from the date hereof, shall
supersede any and all previous agreements and may not be amended or modified except
-9-
POSSS
CONFIDENTIAL MARVELDD14828
JA635
.
by :1. writing signed by the party to be charg~. This agreonent will be governed by and
constrUed in accordance with the laws of the StatcofNew York, N.Y. jurisdicticm.. All
notici:S to Marvel .shall be givco. by you at the above add.re:ss and all notices to you shall
be given to you at 9143 Oriole Way, Los Anseles, California 90069, with a copy to
Arthur M. Lieberman at461 Fifth Avenue, New York, New Yolk 10017, or to such
9. Marvel and the Company agr= to submlt this agrm:neot together with appropriate
supporting papers to the court overseeing Marvel's bankruptcy prior to November 25111 ,
1998 and 10 obtain coun'.s approval of this agreement prior to December 5111, 1998.
Should the court fail to act on tbis agr~eo.t, it shall be binding between tht parties.
Should the court disapprove this agreem~t, then pa:ragr:Jpb S(f) sbali control acd place
the parties in the condition that existed between them just prior to the date of c;.:;ccution of
this agreement
I0. The Company agrees to pay your r_easonable legal fees and expenses in connection w.ith
Stom.Lee
-10·
p 0556
CONFIDENTIAL MARVEL0014829
JA636
.
Far good a.ud valuable con:sidcratioa. th"' n::ce:ipt and sufficic:ncy of which I her~by
acl:nowledge, Joan Lee and Joan C. Lee hereby confirm their agreement to the ioregoing insof;rr
as it cnnc:rru tb.eprc;c:ut or future: CoDticgent rights iu the foregoing including. but not limited to
. ::r~-
any rei:LCwa.Is or e~eruions to which they or either of them are emitled after the death of Stan L~e
or Joan Lee.
•
,. Joan C. L~c:
~"}iii·
M EL CHARACTERS, [NC.
STATE OFC'AU.F02/V{I'>.. l
SS.:
COUNTY OFLD'6 P,,,,<::;~C l)
Oo the \ i. ~ay
of November, 1998 , bdorc me pcrsonaHy cnrrte
STAN LEE to me kJJown and knoWD to me to be the individual described in <Uid who executed
tbe fc.-:egoing iDstrument, and acknowl d that he executed the: s:unc.
-ll-
'
'....
' ·-..
'•
p 0557
CONFIDENTIAL MARVELDD14830
JA637
.
r~
-
~-- -- ~ .;.,~,, .. ~
l~~
Commltsiooli 11637AT
tlo:ory Public.- Cclilcrnia ~
MIA ';;£,€~n .~~ <-
Notary
j ~-~
--
IClAn!;ele!Co~ly
MrC=-m.E:<DeJ~24.nt
~
a a a a e a a a a
STATEOFCAL./FQ2,u4 )
SS.o
COUNTY OF LO':> /ln,:Jz:'&si
On thJ7f"-1day of November, 1998 1 before me personally came
JOAN C. LEE to me~and~ me to be the individual dcscnbcd in and whc executed
the fon::goiu~ instr:%m,;n; ~d :c~:wl~!ed that she executed the same. .._
l@ eo.n:..c:~:~t:, ff . HI ft k1 (\A A
0
-
~ -.; No:OIY Pu:::r.= _ Cclilornio Notary ublic
l _- los Ancer~, eo-.mry
ss.,
COUNTY OF NEW YORK )
On the ~y.d day ofNovcrnbc:, 1998, before me personally came /.J,/Jt~ H Hv/f/~
. '
to me known, who, being by me du1y .swam, did depose and say that he resides at: {IJ (A,n' /1./f
'
thzl.t he i~ the ofMARVEL HNI'ERPRISES, INC.
the corporation described in and wbich executed the foregoillg instrument; thai ht: kno~ the
seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was
so affixed by order of the board of directors of said corporation. and that he signed h name
th<>eiO by like OldO<. : ~Mf
OAVID .FII.EN
llalary Public. SUI~ gl N.... tort
lrlo.J0-4!109(]!11
·12- r.--mNa-.wCb.,.,.,...,.,
~n~res0ct.19.l!l..!...l
p 0558
CONFIDENTIAL MARVEL0014831
JA638
.
On the
,Jday ofNovembcr, 1998, before: me personally eamc
.::>3
to me known, who, belng by me: duly sworn, did depose and say that he rcsidr:s at:
the corporation described in and which executed the foregoing instrument~ that he knows the
seal of said corporation; that the seal affixed to said i.nmnmen.t is such corporJ.tc seal; that it was
so affoted by order of the board of directors of said corp::u".ltion, and that be sign~ h name
the.oto by liko o<de<. ...:::J. ~ -?
") ary Public
DAVIO J. ~EMED
NCIIely PuDiic. Sli!IB ol New Yan:
llo. 30-49US091
au.rn_.;,N..... u~a.
Comm~on~lffi:S0~:tl!I.19L 7
-13-
P0559
CONFIDENTIAL MARVELDD14832
JA639
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page147 Page
Filed 02/25/11 of 3011 of 31
EXHIBIT 26
JA640
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page148 Page
Filed 02/25/11 of 3012 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page I of30
~-~~
appearances of both Iron
Man (working with llim
fucl0 and Thor (with Kirby). As an artist he enjoyed a memorable run
on Marvel's western title Rawhide Kid, where he provided both stories
and art.
.------
E
8
EXHIBIT
/.._;~
The National Library of
Australia
(born Stanley Lieber), Larry was often the subject of many (unfair)
nepotism charges, even after Lee had left the company. Larry landed at
Marvel in the late 1950s and remained until 1974, when he was head-
hunted by his uncle, the infamous Martin Goodman, to become a
I t,t. Ot
t/7 /tt
Visit Our Store & Buy A Book
Or Two
writer/artist/editor at the short lived company Al:lM (Seaboard). After
that venture failed Larry returned to Marvel where he saw out the
remainder of his career. A victim of a Jim Shooter purge, Larry has been
http:/I ohdannyboy. b lo gspo t.com/2 007 /08/loo king-back-with-larry -li eber .html 12/9/2010
JA641
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page149 Page
Filed 02/25/11 of 3013 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 2 of30
drawing the Spider-Man daily newspaper strip since the late 1980s, and,
· faceboolf. health permitting, he'll be drawing that until he finally puts down the
pen and retires.
Facebook! Visit Us And Join!
DANIEL BEST:
Wbere were you born
and where did you grow
Links Of Interest: up?
Sites We Run, Own LARRY UEBER:
Or Maintain New York City. Born in
Adelaide Comics And Books New York and grew up
Alan Kupperberg in Manhattan but my
Arn1andoGil first years were in the
Brian Postman Bronx. Do you know
Dave Simons
Inkwell Award:; New York at all? I guess
Noon Breyfo&le's Forum not if you're in
Rich Buckler Australia,
Trevor Yon Eeden
[?::.~
and a half and then we moved to Manhattan. Then I grew up in
Manhattan in a place called Washington Heights.
Pnv<::~c Information
24 minutes ago DB: What kind of art schooling did you have?
LL: Well it was just public schools there, where everybody went. It was
A Distant Soil by
~
nothing special. As a kid you start about five years old, I did that in the
CONFIDENTIAL MARVEL0017334
JA642
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page150 Page
Filed 02/25/11 of 3014 of 31
20th Century Danny Boy: Looking Back With Lany Lieber Page 3 of30
The price. cost and Bronx and then in Manhattan I did the same. I went to Junior High
value of a comic School and then High School. I went to a place called George
creator
TALLER DE
Washington High School, up in Washington Heights and my brother had
ILUSIRACI6N 2010·2011 gone to De Witt Clinton High School in the Bronx. I would have liked to
FILMSFX have gone there but you had to live there to go, so I wasn't eligible.
8 hours ago
12/09,'2010
12 hours ago When it was time for High School, I tried to get into a High School that
Everyone's Wronr.: specialised in music and art and that's what it was called, High School of
and I'm Rir.:ht Music and Art, but I didn't make it. I asked why I didn't make it and they
A Little Help for Paty said, "One of your teachers said you had a poor attendance record,"
Cockrum. Please
13 hours ago which was untrue. The one thing I know is I came to school, maybe I
wasn't a good student or something, but I was there. At any rate, I never
Kevin Nowlan
Quesada Sleepwalker got into Music & Art and I always regretted it.
14 hours ago
DB: And how did you
Those Fabu!eous so's
23 hours ago
break into the comic
book industry?
Blimey! It's another
blo& about oomicsl LL: It was in my family
The Christmas TOXIC really. My brother was in
1 day ago
it and he started wh~n he
Dare to Believe was about 17 or 18 or
A nice sur.prise in the
ll1l!il. whatever. Also my uncle
1 day ago was in it and a cousin of
ink destroyed my ours owned the
brush company. At that time it
Is It Really A Bomb If It
was called Tim ely
~~
Knows It? Comics and he owned it,
1 day ago
Martin Goodman. I was
Writer Beware Blogl just a kid and kids liked
TI1e 2011Indie Publisbin&
comics at that time. We
Clmtrn
1 Jay ago didn't have television
Attack at Don! then and so there were
Drawing ofthe Dsw newspaper comics and
1 day
ago
the comic books. I used
Gorilla Daze
to like to draw and copy
Reach for Happiness!
2 days ago them and so on. I remember once, and I don't know when it was, but my
The Continuin& uncle, Rob Solomon, took me down to Timely Comics. They were in a
Adventures Of Your building called the McGraw Hill Building, later on in the Empire State
Own Personal Jesus Building. I actually worked there when I was about 17, but not in the
#237' Doctor Doctor
2daysago comics; and he took me down there. While I was there I remember
meeting Jack Kirby. I was a kid and Jack Kirby drew a picture for me,
A Ifout In The Milk
Hi,Hi.Hi you know, because it's a little picture of Captain America and Bucky and
4daysago it's signed, "Hi Larry, your pal Captain America and Bucky!" It was
Scott Koblish signed Jack Kirby and then Joe Simon signed it also. I still have the
M2re art uo on The original drawing here hanging in a frame.
Artist's Choice Websitew
JA643
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page151 Page
Filed 02/25/11 of 3015 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 4 of30
4daysago
CONFIDENTIAL MARVEL0017336
JA644
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page152 Page
Filed 02/25/11 of 3016 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 5 of30
Comnoser& Korean War and I joined up. When you join the Service the first thing
Guitarist they want to do is take your fingerprints so they can keep track of you
Thnn&Lill Be Quiet Now
3 months ago and I had to come back two or three times to the fingerprints, the
The Ghost Who developer said, "We're not getting anything".
~
Who's Your favorite So that was my thing there and at the time I was living in Manhattan. I
Inklli
3 months ago lived in a hotel for about a year and a half that no longer exists. The
Pulp Hero
Hotel Manhattan Towers, it was on Broadway and 76th Street; and then
Lilli~ I went into the Service for four years and the first year when I got out of
4 months ago basic. The basic training was at a place that also no longer exists
Michael Netzer anymore. It was a place called Sampson Air Force Base, up near the
Online Portal Finger Lake area of New York State, Lake Geneva I think it was; and I
CRAZ¥ ABOUf COMICS
Sketchbook was there for a year and a half.
4monthsago
Tbelifeand Unfortunately there was no classification for an artist when you get out
adventures of Jimmy
of basic. When I got out of basic training I had one stripe on me. In the
Melrose
A ri<.le in the Puss Mot!J Army that would have been called a Private First Class, in the Air Force it
10 months ago was an Airman Third Class. So there was no classification for an artist.
The Fate of the Artist So the nearest classification they had was a draftsman. So they classified
hrtp://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.html I 2/9/2010
CONFIDENTIAL MARVEL0017337
JA645
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page153 Page
Filed 02/25/11 of 3017 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 6 of30
notes from the me as a draftsman, which I'm not. A draftsman knows how to make
junkvard plans for bridges, buildings and things and I don't know the first thing
Three Psych!!J!..futl_q~
gril;~_Q[_()I~
about it. So I'm classified as a draftsman and they put me in the training
10 months ago aides where they were making up different things. While I was there I
Shishyboo's made up a little cartoon character. I wasn't really a cartoonist; I wanted
HeyJbjslsMei.jkeltO to be a comic artist, like Jack Kirby, doing heroes or something or other,
rLumplt more realistic, not humorous cartoons.
llli.illll!lhing
10 months ago
Will Eisner; A But I happen to make up this little thing, I think it was called Itch and
Spirited Life Scratch and it appeared in the Base Newspaper. After it appeared in the
Feed has moved Base Newspaper I received a letter or something from a Sergeant in
10 months ago
Wright Patterson Air Force Base which is a very big Air Base in Dayton,
~
1 year ago Ohio. He wrote to me and said, "I've seen your work and we're starting a
Fuck You. Penguin command wide magazine and we'd like to have you work on it, we think
llil!it!:YJ:nJhink about you're good". So I was delighted, I thought, "Oh boy that'll be great". But
trying to sneak b_y me
it took a little while for him to process the papers to go through and to
1 year ago
get me there and in the meantime at Sampson, they got a call from the
Michelle's Place
A!LArbitrarv Number of Far East that they needed a draftsman.
Songs That Move Me
1 year ago
Now the place where.! was working _in was the training aides. It
ThelnkBlog reminded me of a prison movie a little bit, in that there was a guy in
Random Desk Sket:ch of
~
charge, a Sergeant in Charge and the Sergeant had his friends, people he
year ago
1 liked and they flattered him a lot. They called him by his initials, and
Jimmy T's blog whenever a call came through it was up to the Sergeant to select
I'M Back! somebody to go overseas. Well he never selected his friends, he selected
1 yearogo
the people who were sort of the outsiders and I was one of the outsiders.
SjmonsSez
March of Dimes 2009
There was a guy from West Virginia who was an outsider, somebody else
1 year ago who was a tough guy from Brooklyn and a few others and me.
ComicsHistocyMista
keHunters So he picked me and when he told you this, it was so funny, the reason I
This Fan Finds IT'S A
say it's like a prison, he had a room where all his friends would sit in the
fANZINE so Fine
Readjng!!! room and he would face them like a school teacher facing a classroom
1 year ago and the people who weren't his friends were outside the room.
STAN'S SQAPBOX
W.ANNATRADEMEFOR
I was called into the room and he told me you have to go and so on and
THIS COMIC>
1 year ago that he picked me. Okay. Well I thought I'm going to go over there, they
Search This Blog think I'm a draftsman, I'm not, they're not going to be happy with that
I". Search but somebody in Wright Patterson Base knows what I am and wants me,
l'l(J\"t'i~red hy (:Oogte·:.- it would be a lot better to go where I can be appropriate, where I could
do the work. But I didn't know what to do. So I went to a place on the
Want Your Own base called the Air and Spec you can go there with grievances and
Site And Think You problems and so on. So I went there.
Can't Afford It?
If you're a comic book artist Unfortunately the Air Inspector, some Sergeant, I don't know, he'd been
or professional and are in a long time, had I guess the military type of reasoning. I told him the
interested in getting your
CONFIDENTIAL MARVEL0017338
JA646
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page154 Page
Filed 02/25/11 of 3018 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 7 of30
own site up and running then Sergeant wanted me and the first thing he said was, "Look, I am not
by all means feel free to fire
interested in any deals entered into between you and a Sergeant out of
down m.rnuill and we'll
work something out. We'll be base". He said, "You're classified, you're going". I said, "But I'm not a
happy to set up a site that draftsman". He said, "You're classified as a draftsman, you're supposed
more than meets your needs to be a draftsman". There was no reasoning with him. I'm supposed to be
at a very decent price (ie:
a draftsman. If I explained why they gave me that, he didn't want to
usually nothing. I just like
doing that kind of stuff as a
know that. It was a real military thing. If you're classified, you're
favour). supposed to learn it quick.
How Utterly Odd: So it was hopeless. So they sent me overseas. I just remember being on a
Facebook Comic big ship and they sent me to Okinawa. It took about 12 days to get there.
Con I Daniel Best, The first day I was sea sick, second day sea sick and as soon as I stopped
2oth Century throwing up, they put me on duty for the trip doing KP in the kitchen. So
Danny for 12 days I was washing dishes and doing this and doing that. The last
day I cut my finger and whoever was in charge took pity on me and said,
"Alright, you can take off today". That was the last day. So that was my
lovely trip abroad.
When I got there I had to report in. I reported and I just remember there
was one point where I entered ,a room and SO!f1ebody "All at last, a
draftsman is here." This was when I felt I was in a prison movie like the
new guy and I had to tell them, "I'm not a draftsman fella's, I don't ... "
and they looked at me. Well they realised it's not my fault, so they
weren't going to throw me into the sea. "Oh shit we didn't get..." I don't
know anything about drafting. So they said just kept out of their way .
.Join Up And Attack Away!
Follow:
with Google Friend There was a recreation room and I learned to play a little bit of pool but I
Connect had to do something so finally they put me in training aides there too. It
Followers (67) MQm gets even better. On the base, or in the Air Force, there are two kinds of
:a'' . ·
[t1
officers or there were then. There are officers who fly planes and there
are offices that don't fly planes. Now the officers who fly planes are
11~ • ">.':'.
generally nice guys. They have their airplanes, they fly, they're proud and
:~> all that. The ones who don't fly planes aren't always nice because I guess
~-
they must feel a little inferior, you know. You're in the Air Force and you
don't tly, what are you doing? Yeah, compared to the pilots.
~-a
AlrA;:j"<iV R mP.mMr?Sinn in
So they're usually the people who want discipline and other things that
compensate them. Although [ don't know that many of them. But on our
[ X 20th Century Danny Boy base we had a guy who was a handsome man and a pilot and he had the
name to go with it too, Colonel Kincaid; and he was a wonderful guy.
But he had an assistant under him and his name was Colonel Twitty.
Colonel Twitty was not a pilot and he believed in military discipline and
the morale on Okinawa was very low. At the time it had, I believe, the
http :IIo hdannyboy. blogspo t.co m/2007/0 8/looking-back-with-larry -lieber. h tml 12/9/2010
CONFIDENTIAL MARVEL0017339
JA647
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page155 Page
Filed 02/25/11 of 3019 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 8 of30
second highest
Links Of Interest:
venereal disease rate
Artists Writers And
More in the Air Force or
something. In those
Alan Weiss· If he was any days it wasn't so
better he'd be ille&al
Bob Almond: Brilliant inker
serious because they
and &eneral all round good didn't have AIDS or
gyy anything that they
Bob Hall: What do comic
couldn't cure.
books and Shakespeare have
in common') Ask Bob'
Whatever the guys got
Fred Hembeck: Read his they gave them
stuff. vou'll wet yourself penicillin and they got
Gene Colan: Tbe Master cured. It also had
Heney Kujawa 1S Zodiac
about the lowest
~
,Jim Tournas: lnker Of Great reenlistment rate in
Nllli: the Air Force which
Mike Esoosjto. aka Mickey
you can usually tell
Demeo. aka Mike D aka Joe
Gaudjoso. a!sa Esooia. al<a
about the military. You
Em2 know if people reenlist
Norm Breyfogle: The Man! it's not bad. So it
The Artist' Visit his forumS wasn't a very great
and say hello
place; and because of that Colonel Twitty decided that we need to bolster
Snaked' Clifford Meth At His
Einm the morale. He came up with the idea that everybody should go through
The Mventures Of Michael basic training again. Now most of these people had been in the Service
Netzer: It's a Netzer world for a while. It was my second year or third year. See this will give you
we iust live in it
morale. That's what we need.
The Australian Cartoonists'
Association
Tony's Tins! Tonv Isabella, So they had to make up plans for this and ail that and I'm still not a
one of the finest ooople I draftsman but I made up some signs. I had to work on it, I don't
know
remember how and they made a training centre and as luck would have
it, or irony or poetic justice or whatever, I was one of those working on it
Links Of Interest: and they sent me through, one of the first. So I had to go back into basic
Publishers And training again on this hot and miserable island of Okinawa; and we had
More two leper colonies off the island there. We had snakes there, poisonous
The Comic Cartoonist's snakes. We slept under mosquito nets for two years because they were
Workbook afraid of encephalitis.
Banana Tail! Mark
McKenna's Book For
So it wasn't a delight. Somebody described it once. They said, "It's the
Childr.\m
Larry Shell: Just A Damned only place where you can stand with mud up to your knees and have dust
Good Guy blow in your face at the same time." It never got too cold or too hot but
AardWolf Publishing· Doing-
because of the humidity you felt it very much when the weather was
the good thing on a daj)y
kind. But I went through it and then, and this was my triumph in the Air
llas.i&
Bill Schelly· author artist. Force, Colonel Twitty decided he wanted an emblem on the base, a new
comic fandom historian and emblem or something and the case headquarters and he wanted an eagle
a damn good guy
painted. So they come to me and they say "Ueber you've got to paint an
CONFIDENTIAL MARVEL0017340
JA648
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page156Page
Filed 02/25/11 of 301
10 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 9 of30
So I don't know how the hell I did it, I really don't. But I must have
http:/I o hdannyboy. b logspo t. com/200 7/08/looking -back-with -larry-lie ber. html 12/9/2010
JA649
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page157Page
Filed 02/25/11 of 301
11 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 10 of30
arrived and when he walked in the first thing he did was give me a look,
Deals
that if looks could kill I would have dropped dead on the spot. Like you
son of a bitch, you're making me wait.
~ O...d Of The D;rv
-----
1 Lightning Dea1l
But then he looked at the thing and he looked up and when he looked up,
I
he looked up pass the shield and the number of the squad and he saw the
eagle. Suddenly his face broke into a smile and he said, "This was worth
waiting for"; and that was my triumph in the Service. The Warrant
I ~~~::~~
I :~~:~~=~~~r
' EOCSx
Officer breathed a sigh of relief, as did the Major and I and they took my
picture. We had a base newspaper and my picture appeared in the
newspaper, okay and oh boy was I relieved and happy and other people
talk about they were heroes, they were this, this was my triumph.
I was in the service for four years. The first year was at Sampson, two
01!17:41 remaining
years on Okinawa and then they said, "We're sending you back to the
%laliiiil States for your fourth year, where would you like to be, what section?" So
Discount apphed at
I checkout they gave us sections of choices. So the first section I picked was the East
Coast with New York City and they said, "What's your second choice?" I
[ _____ said, "My second choice is California". I thought that would be nice,
Hollywood, something I could look at. So they sent me to De,l Rio Texas,
1 eu~ 11est 0u1s
my choice. Del Rio Texas is a little town and the base was near the Rio
Grande River. It's nothing that anybody would really want to go to and it
Links Of Interest: reminded me of Okinawa, it was the same thing. Okinawa when you
Assorted Bits Of looked out, all you saw was water and here when you looked out, all you
Interest saw was sand.
CONFIDENTIAL MARVEL0017342
JA650
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page158Page
Filed 02/25/11 of 301
12 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 11 of30
-·-·-~~ ,~
~~·
'. · .· . . . C.·'""
..
•...•,:,- .· ...· .·
comedy with Marlon
Brando and you could
Visitor lOcations see it sometime with
Glen Ford. It was called
the Tea House of the
August Moon. So that's
'- _;., Clustrt.laps· ', that. Now what else. You
.. ···~~-~=c..:w~~•-c~~!i<;~.t!?..i!! ask a question so I can
[=-'-----~~
·-r--1 relax a second.
'-----
He had a thing when you paint a picture, I think it was ten steps, I was
Pr'1vac Information
up to step three when I had to quit. So I still can't paint a picture and
years later when I joined the Society of Illustrators because they lowered
their standards and let me in as a comic artist. I used to be embarrassed.
I'd go there and I'd say I'm not a painter, I'm not an illustrator, but it
G!Posts
turned out that I was like a star because it's almost like a dark haired girl
going to Scandinavia, she stands out you know, or a blonde in South
America. So I stood out, "Oh you did Spider-Man"? But I never became
What? You Missed the illustrator.
Something? New &
Improved Archive, But I started working and I forget exactly what, it was in 1958. I wasn't
Same Stuff Though fast enough or good enough to draw comics, although that was what I
.. 2010 (uo) wanted to do, so my brother offered me a chance to write .
.. 2009 (124)
.. 2008 (146) In the art school at that time, they didn't teach you how to draw without
,.. 2007 (215) a model. All the drawing when you learn anatomy they have models
.. 12/30- 01(06 (3) there. So with a model what you do is, you develop your eye, you get a
.. 12/23- 12/30 (2) very good eye and most artists use models. Illustrators do it, certainly the
.. 12/16. 12/23 (2) fine artists didn't just make it up, they draw with models. In comics it's
.. 12/09- 12/16 (1)
http://ohdannyboy.blogspot.comi2007/08/looking-back-with-larry-lieber.html 12/9/2010
JA651
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page159Page
Filed 02/25/11 of 301
13 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 12 of30
~ 12/02 - 12/09 (4) the one field you don't use models. You're not getting paid enough and
~ 11/25- 12/02 (3) you've got to grind out picture after picture and be able to construct the
~ 11/18-11/25 (3) figure and do it so that I never really learned. You know I wasn't that
~ 11/11- 11/18 (2) good at it.
~ 11/04- 11/11 (1)
;~~~~~!~~~;i~~:~~
~ 10/28 - 11/04 (2)
~ 10/21- 10/28 (1)
~ 10/14- 10/21 (1) DB:
whatI've always
training youwondered
had
~ 09/30 -10/07 (1)
when you started writing.
~ 09/23- 09/30 (5)
LL: Oh okay. My brother
~ 09/16- 09/23 (2)
said he bad no writer but
~ 09/09- 09/16 (3)
himself. He was the only
~ 08/26- 09/02 (3)
~ o8j19- o8j26 (6)
one. He said, "I can use
~ 08/12-08/19 (9)
you, you can help me, you
can write". I said, "Stan
" 08/05- 08/12 (3)
M~!bQum~ Oh Bil!~r I'm not a writer". He said,
Cit: QHlilling I~m "Oh I've read your letters
l:ilillil!:CY<e!l from the Service, you can
kQ9J<.ing l>a~k With write. I'll show you, you
l.o1[t:)' [,ie!ler
can do it". So he taught
~ 07729- o8jo5 (8)
me and that was an
~ 07/22-07/29 (4)
interesting experience for
~ 07/15-07/22 (5)
about I don't know how
~ 07/08-07/15 (4)
many years, I guess a few
~ 07/01-07/08 (5)
~
years. Let's say 1958,
o6/24- 07/01 (1)
~ o6/>7- o6j24 (4)
1959. 1960, 1961, 1962.
~ 06/to- 06/17 (4) Yeall for a few years I was writing.
~ 06/03-06/10 (3) At first they were, the stories were these, what were these monster
~ 05/27- 06/03 (2) stories and you know the books?
~ 05/20- 05/27 (7)
~ 05/13- 05/20 (8) DB: Journey into Mystery ...
~ 05/06- 05/13 (2) LL: Yes, that's it. Journey into Mystery.
~ 04/29- osfo6 (9)
~ 04/22 - 04/29 (s) DB: Tales To Astonish, Tales Of Suspense...
~ 04/15-04/22 (6) LL: Yeall, those books right. They were five page stories or seven page
~ 04/08- 04/15 (12) stories, he would make up the plot then he would give it to me and I
~ 04/01-04/08 (9) would write it. At the time I was living in a place called Tudor City, in a
~ 03/25- 04/01 (4) furnished room. I would write and I wrote stories for Jack Kirby who was
~ 03/18-03/25 (4)
so fast; he was drawing faster than I could write. I had to keep feeding
~ 03/11- 03/18 (4)
him stories; he needed them to earn a living. I think he was living in New
~ 03/04- 03/11 (3)
Jersey at the time and I'd go to the post office on Saturday night and
~ o2/25- o3/o4 (5)
send the stuff there. I did that for a few years; and then they started
~ o2j18- o2/25 (sJ
making up the Super Heroes and I wrote a few of the first, Ant Man and
~ 02/11- 02/18 (8)
~ 02/04-02/11 (7)
Iron Man and Thor.
~ 01/28 - 02/04 (6)
CONFIDENTIAL MARVEL0017344
JA652
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page160Page
Filed 02/25/11 of 301
14 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 13 of30
... 01/21· 01/28 (9) Stan again made up the plots, but I made up the civilian names for a few
... 01/14- 01/21 (3) of them that I create. Let's see, the Ant Man was Henry Pym. I made up
... 01/07- 01/14 (2) the name Henry Pym and Don Blake I made up for Thor and Tony Stark
... 2006 (168) I made up, you know. But the important names, such as Ant Man, Thor
... 2005 (44) and Iron Man, Stan made up.
... 2004(8)
... 2003 (3)
So that was what I did. I must have drawn a little and then when they
started doing the superheroes, he needed other people to draw them. It
Popular Posts
was more work and he was going to hire artists and I don't know how
We Made good I would have been as an Editor compared to others, so I never even
~
tried. I sort of melted into the background. I didn't want to write that
kind of stuff all that much. I didn't want to get involved; and what they
'.,
".....
·'" ~ :e:shington
fllill
did was Jack Kirby had been doing a Western and Western's weren't
In a most
excellent article, journalist
selling that well, it didn't matter what you did with them as long as they
Brigid Schulte tackles the sold a certain amount.
New York Apartment
scammers. The article was Anyway he of course was used on the superheroes which were important.
spawned by Brigid's ow ...
He was so wonderful at that.
Original Art
SQOO; When Jack gave up one
Win"nieThe of the Westerns, the
Pooh Pencil
Rawhide Kid, they gave
~
CHAPTER X, pages 168.169: it to me. Stan gave it to
Eeyore Was Moved To The me and it didn't matter
Front CHAPTER N, page 71: much, so I was really on
Tygers can't climb trees A
my own. I wrote and
pair of lithographs, as drawn
byth ... drew it and I enjoyed
that. I've always enjoyed
New York Scam· A Serious it when I write the stuff
Warnjng For All Travellers
and draw it myself and I
Be warned- read this, take
did that for seven years.
note and learn the easy way -
we've learnt this lesson the
hard way. As people who I liked it. However it
read this stnff on some wasn't that popular a
form ...
thing because everybody
Frank was interested in all the
~ superheroes.
Februarvg Occasionally I'd meet
1928- May
somebody who said,
!Q...;llllQ
Sad to say that Frank
"You know I read that
Frazetta has passed away, as one, I really liked it". So I enjoyed that and after that I did covers for a
the result of a stroke, on while, superhero covers. In the meantime I did some other things. There
Mothers Day evening, after was one point where I was doing romance comics. I was writing and they
spending time with his
were actually pretty good; and then there were periods where I had
family. Fra ...
difficulty getting work and Martin Goodman went into difficulty. I'll just
JA653
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page161Page
Filed 02/25/11 of 301
15 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 14 of 30
Haunted Locations: Kagunda put this in and I don't want to elaborate on this, but many of the artists
Cemeterv and writers could go from National comics from DC to Marvel, go back,
Over on Facebook I've been one and another, and if they weren't happy at one company they'd go to
uploading a lot of photos another. If they wanted more money they could go. I was the only one
from our various trips and
who could never do that because that was the price for Stan being my
touching on some of the
more unusual places we've brother. So I could never do that.
visited ....
As a matter of fact, once I didn't have any work and I sent work to DC
The Return
and a friend of mine brought it over, Frank Giacoia. He came back and
OfFrencby:
The Eyj! he said, "Well it's alright, but they'd have no need for it now," so I didn't
!Jlmnl get the work. Some time later, I was in a restaurant where some of the
Finally- it's artists in Manhattan used to go to and I happened to be sitting with
here. Be afraid, be very, very Carmine Infantino who was the art director of DC. We had met a few
afraid. After the longest wait
I can think of, just as long as
times before, we were friendly and I brought this up to him. I said, "You
the wait for DC to finally co ... know I sent over that work and I never heard", and he looked at me with
surprise and he said, "Do you mean that was on the level?" I said, "Yes,
Vinnie Colletta's Exit yes, I needed work". He hadn't replied because they were very
~lliltim
suspicious. They would have thought Stan Lee is sending over a spy or
Vinnie Colletta. Much has
been written about Vinnie in something you know. I would see what they're doing and go back or
the years since his passing whatever the hell it was. So I couldn't do that, I couldn't work.
(1991), not all of it is true or
accurate. Speak to a pro ...
So at any rate Martin
BATMAN: Alan Grant & Goodman started his
Norm Breyfogle Speak Ont company, Seaboard and
NORM BREYFOGLE AND Atlas. I knew colour
ALAN GRANT SPEAK comics and he was
OUTI'he 1980s were very
putting out colour comics
good to Batman in general. A
number of highly talented and he was putting out
artists and writers all wo ... black and white books,
like Warren Publications.
How To Beat
He picked me to do the
People l!p
The Dave black and white books
GjbbonsWay and he picked the guy
"We got poor from Warren to do the
Dave Gihhons to dress up as colour comics, don't ask
the host character. He was
really embarrassed, hut he
me why. It didn't work
did have a fun time doing the out and the guy ended up
photos w ... getting all the books
except a couple and then
Original Art
that didn't work out. The
Stories:
Frank Miller guy left and then I had to
~ do all the things. It was
~ an experience that was not too pleasant and I don't, I don't like to talk
You may remember a while
about it.
back I received an email from
The Former DC Staffer who
JA654
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page162Page
Filed 02/25/11 of 301
16 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 15 of30
CONFIDENTIAL MARVEL0017347
JA655
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page163Page
Filed 02/25/11 of 301
17 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 16 of30
inkwell awards (12) We were in this one room apartment studio and I'd be inking all night
michael netzer (12) and one day and then I'd rush down to King Features and deliver it. One
Marvel UK (n)
fo!lDer de staffer (11)
day I just delivered it to King Features and I left and I tried to think of
mike esposito (n) something and I couldn't think of the numbers, or remember dates or
~(11) something and I got a little nervous and I said, "Maybe I can't take this
recreations (n) sitting up all night, a whole night anymore. I'm not that young".
rich buckler (11)
jack kirbv (1o)
~(10) So I gave up the inking. I said, "Ifi ever get fast I'll do it again," but I
road trip ( 10) never went back to it and that's it, that's my story.
hi:runlll (9)
~(9)
dave sjmons aJWelll (9)
fred hembeck (9)
~(9)
kupperber~ ( 9)
maurice brawley (9)
new vears eve (9)
SUpe!lDan (9)
alan grant (8)
~(8)
DB: The Hulk newspaper strip; I remember reading that when it came
clw:lt2n (8)
from the desk of rich buckler out at the time and I always thought that the work you were doing there
(8) was more interesting than the comic book in a lot of ways.
goldengate (8) LL: Oh you mean the stories? Well thank you, yeah.
michael golden (8)
I liked doing it. When I was writing, before the superheroes, Stan was
movies (8)
neal adams (8) teaching me to write. Now he had never taught anybody else to write so
steven hove (8) he didn't know how well somebody learns or doesn't learn or, he didn't
vincent colletta (8) know how to compare me to anybody else. All he knew was I didn't write
~(8)
as well as he did.
Ginger Meggs (7)
~(7)
alan weiss ( 7) He wasn't always the most patient person and I had problems with the
avengers #1 splash (7) dialogue and he said, "Why did you say that? You could have said it this
bob almond (7)
way, or this way or that way," and I'm realising yeah, I don't think of it
ghost rider (7)
marvel masterworks (7) that way or this way.
J:l!im (7)
trave!lin' man (7) So at any rate finally I think at one point he got a little exasperated and
trevor von eeden (7)
he said, "Look," he said, "I'm going to hire some of the old pros." He
aroazing :wider-man (6)
birthday (6) remembered writers from the past. So anyway he must have for a while.
christmas (6) He still gave me work, he didn't want to take work away but they were
ffis;ke1 ( 6) putting out a few more books.
d~(6)
letters from beyond (6)
!.Qst (6) So he hired somebody and then the next week when I came back to him
!!ll1.ill (6) he said, "I don't know." He said, "Larry, you know something, you're no
steve rude (6) good, but you're better than these other guys". So that was my first
tr=l (6)
victory if you want to call that a victory right. The others are worse than
Mighly World Of Marvel (s)
~CsJ
me.
brian postman (S)
cheap arse hotels (S) My second victory came years later when I was doing the Hulk,
CONFIDENTIAL MARVEL0017348
JA656
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page164Page
Filed 02/25/11 of 301
18 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 17 of30
CONFIDENTIAL MARVEL0017349
JA657
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page165Page
Filed 02/25/11 of 301
19 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 18 of30
Yaffa (3) this hotel, and for one semester I guess you'd call it or something, I was
adelaide photos (3)
teaching about six or seven people about comics and in order to teach
~(3)
bad movies (3)
them, I've never thought about it, I had to make up some kind of
birthdays (3) curriculum or something. I remember I had a whole hunch of index
blake bell (3) cards. What a comic should he, what it shouldn't he, I'd Xeroxed some
chadwick (3) papers to show, to explain this and that, and it must have been pretty
cockrum (3)
conan the barbarian (3)
good.
dave cockrum (3)
dave gibbons (3) I went down and when it was over, they gave me a book with a lot of
dead celebrities (3) appreciation saying how patient I was and how much they learned and so
george tuska (3)
~(3)
on.
green lantern (3)
!l!llk(3) DB: When you were writing back in the day of Marvel, did you write with
iron man (3) a particular artist in mind, such as Kirby?
jim starlin (3)
LL: No, I wasn't thinking of Jack when I did it. It could have been Jack
joe simon (3)
klaus janson (3) or Don Heck or anybody. The only one I was concerned about was Stan
mark eyanier (3) because I had to show it to him. I was only hoping Stan would like it but
lllilJ:@all rogers (3) Jack would do what he wants; I didn't care about what he did afterwards.
marv wolfman (3)
meth(3)
You know I just wanted to put something down that Stan would say,
mike zeck (3) "Hey, this is okay. Hey this pretty go~d, that reads nice". You know,
movie review (3) "that's okay". I remember he praised the names I made up, places and
!!U13 (3) people. You know my famous story which I told so many about Thor's
~(3)
hammer?
page publications (3)
places to avoid (3)
rip-off (3) DB: No, I don't think I've heard that one.
ml:!in (3) LL: You don't know that one? When Stan made up Thor and he gave him
snaked (3)
to me and said, "This guy has got a hammer and swings it around". I
soammers (3)
tim townsend (3) guess the hammer I felt it had to have a name. Maybe Stan said it, I don't
tom breyoort (3) remember. I just know because, there's going to be a name, I said, "What
tom ~ndberg (3) the hell kind of a name I'll give to the hammer", so it just came to me.
useless holidays (3)
wally wood (3)
~(2) I used to look at it in the back of the dictionary, Miriam Webster's they
4Q (2) have geographical places and they have biographical names and a lot I
adelaide comic centre (2) would take from that according to what the character was, what a person
adelaide comics and books
was and that's where I must have gotten Henry Pym or I got the name
site (2)
advertisments (2) Pym from an English scientist. It sounds like an English scientist; and so
agejsm in comjc books (2) somehow I made up the name and I wanted it to be short, I'm always
alex toth (2) thinking of the lettering. I also think of other people, I don't want to put
auctions (2)
a burden on the inker, on the letterer, so I said, "Uru". I made up the
avengers annual #10 (2)
bad journalism (2) name Uru, U-R-U.
benefit auctions (2)
bill jaaska (2) The Uru hammer, I said, "That sounds exciting". I don't know what the
bill nichols (2)
hell; it's just a name. So I made that thing up and after a couple of issues,
bill schelly ( 2)
bob dylan (2) Roy Thomas, who was the editor of the books, came in and one day I'm
brian holland (2) in the office, I don't know what I was doing and Roy came over to me and
CONFIDENTIAL MARVEL0017350
JA658
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page166Page
Filed 02/25/11 of 301
20 of 31
20th Century Danny Boy: Looking Back With Larry Lieber . Page 19 of30
CONFIDENTIAL MARVEL0017351
JA659
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page167Page
Filed 02/25/11 of 301
21 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 20 of30
thomas edison (2) style or full scripts that you presented to artists like Kirby and Heck?
tl!ll.r (2) LL: They were full scripts and I didn't think of Jack when I wrote it at
todd mcfarlane (2}
tour posters (2} all. All I thought of was will Stan like this or will he tell me, "Larry this
trading cards (2) isn't good, you can't do this". I didn't want to hear something like that.
~(2)
will eisner (2)
DB: Now when you were
zeppelin (2)
12 stone toddler (1)
working at Marvel at that
15 albums (1) stage, were you working
.!97Q§ (1) at home or actually in the
2002 year jn review (1)
offices?
2oo8 vear in review (t)
200Q vear in review (I)
LL: When I was writing
2010 inkwell roundtable (1) this stuff I did it all at
Badia Romero(!) home. I would go into the
Bill Banick (1) office and Stan would give
Bog Beast (1)
Dave and Patv Cockrum me a synopsis, this is
Scholarship ( 1) what I want and I would
GerrvAlanguilan (1) take it home and write.
Qraeme Partrid"""David (1) When I started, I lived in
Jan Scheroenhuizen (1)
,Jose Luis (1)
this place, this little
Kelly Fre~ (1) furnished.room, this place ·
MICHAEL bau\derstone (1) in Manhattan called
Mike Pellerito (1) Tudor City. There's a little
Online Art Auction For
American Cancer Society (1)
park there, near the
South Australians Wantim: United Nations area, and
To Ban Those Pieces of Crao I remember sitting there
4WD's From Adelaide (1) with a pad and some
The Nearly Complete
yellow paper or something and because I was trained as an artist and I
Essential Hembeck Archlves
~(!) thought visually, especially with a comic.
Unknown Worlds Of Science
fictilm (1) I would lay it out at first in, little boxes, like I was doing little story
aardwolf publishing (1)
illl!; (1)
boards for myself; and I'd say, "Alright panel one, I'll do this or I'll do
academy award (t) that" and then write it. I'd sit out in the park when the weather was nice
action comics (1) and do it; and then I'd go into my room, I had a furnished room, one
adam hu!Wes (1) little room.
addaros family (1)
adelaide crows (1)
adolf hitler(!) I remember there was an elderly woman owned the apartment and the
adrienne colan (1) windows were not normal windows that opened up and down, go up and
adventures of unemployed down but they were little French windows that opened out, so you could
Jllil1l(l)
not put in an air-conditioner. So it got pretty hot in the city there then
ll.!l (1)
~(!) and I had a Varnado fan that saved my life, I kept it on all the time; and I
al milgrom (!) was at the typewriter, typing with two fingers and learning to write.
a! williamson (1)
alan david doane (t)
DB: On the job training.
alan davis(!)
alan moore (t) LL: Yeah it was, it really was and I learned a lot I think. My two favourite
album covers (!) writers were Rod Sirling and Sterling Silliphant and they were writing for
JA660
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page168Page
Filed 02/25/11 of 301
22 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 21 of30
alex iobnson (1) television. I used to hear their stuff. I love good dialogue and tried to
alex savjuk ( 1) write and think about it. That's how I did it, I'd have to send out a full
alfred hitchcock (1)
alice jn chains (1) script, it was always a full script.
amazing adventure (1)
amazini fantasy 15 (1) I think the Marvel style came when Stan was doing the superheroes and
ambrose bierce ( 1) he had so much to write. Also he was working with a guy like Jack. He
amputation (1)
amy winehouse (1)
knew the characters and could come up with different gimmicks
anamms (1) perhaps; things in the stories so. I don't know who started that, but I
andrew boscardin (1) never worked with it that way at all.
an~WS and robertson (1)
aquaman(1)
lll:illM (1) DB: So even after the
arcade fire (1) superhero thing
arctje monkeys (1) started and you were
arthur adams (1) working at Marvel in
l!!!iuru!f (1)
the late 196o's and
artists as characters (1)
~(1) the 1970's, you never
au\QgtaDhs (1) worked the Marvel
bad fashion (1) style, everything was
bad service (1)
full script for you?
bad tensile (1)
hl!lib.2 (1) LL: ~ far as I know,
bJllla.tat (1) yes. Now I could be
barack obama (1) wrong, my memory
batman year one (1)
isn't the best and so
~(1)
~(!) you may be able to
beetboyen (1) find somebody who
benedict arnold (1) says "He did write
benito mussolini (1)
Marvel style," but as
benjamin franklin (1)
bill everett (1) far as I know, I don't
bill finger ( 1) recall ever writing
billv thorne (1) that way. Not that I
black diamond (1)
know of. When I
black li~htninl{ (1)
black sabbath (1) wrote, every time, it was a script.
~(1)
blaq books (1) Except when I was writing for myself, like when I did the Hulk, but I'm
blazini combat (1)
not even sure then. I didn't have to type it all out when I did the Hulk. I
blue deyil (1)
blue line pro (1) don't know how I did it but I knew I was going to draw it and if I'm
bluegrass (1) drawing and writing it I could put it together.
bob andelman (1)
bob brown (1)
But I really don't, now that you mention it, I don't even recall how I did it
bob budiansky (1)
bob geldof (1) myself. But whenever it was anybody else, I don't remember ever telling
lmh..hJ!l! (1) somebody here's the story, go ahead and then I had to fit in dialogue. I
~(1) don't remember that process. Stan was very good at it. He could look at
bob lavton (!)
the picture and decide what the dialogue should be and sometimes he'd
bob mcleod (1)
bobshaw(1) look and he'd say, "Here's a little area that could use something". Oh he
bobbv pickett (I) did it so easily and smoothly.
http://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.htrnl 12/9/2010
CONFIDENTIAL MARVEL0017353
JA661
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page169Page
Filed 02/25/11 of 301
23 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 22 of30
http://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.html 12/9/2010
JA662
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page170Page
Filed 02/25/11 of 301
24 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 23 of30
dismembeonent (t} much like an artist; he looked more like the Head of the Long
dodgy brothers (1}
Shareman's Union or something. You know he was a weightlifter but he
rumiliin (t)
domestic violence (I)
could draw the most beautiful and sensitive. I told him one day, I said "I
~(I) know your secret. You've sold your soul to the devil," I said, "because
~(I) nobody draws that well that hasn't". He was what I'd call the best
~(I)
drawer, maybe not the best artist, but the best drawer I ever saw.
drunken cats (I)
drunken santa (I)
Though I knew him I never saw much of Kirby. But occasionally he'd
llYd (t) come up but I knew him through his work and I loved his work very
dwight d eisenhower (I) much; and then I saw the others there.
edgar allan poe (t)
edgar rice burroughs (t)
edward woodward (t)
Gil Kane sometimes came up, as did Don Heck. When I worked with the
eisner award (I) staff, and there was a big staff there of people who, I don't know, they're
~(I) retired, they're gone. There was a wonderful inker who was I guess my
cllli (I) closest friend. His name was Frank Giacoia. He was wonderful and he
elvis preslex (t)
england (I)
was a very human guy. He and I had a similar problem, we were always
ill (I) late with our work, slow and behind, and he really suffered; but he was a
eric stanton (1) wonderful human being; and that's all. That's was it.
~(I)
erwin rommel! (t)
I knew Some others there
~(1}
essentials (I) of course. In the 196o's it
f scott fitzgerald (1) was a very relaxed
fak!m (t) atmosphere. So anybody
fantastic adventure (t)
fum (1)
could come in and they'd
fiction factorv (t) talk and they walked
flash companion (t) around and so on and so
flooQ (I) forth. Later on it changed
fumn (l)
very much because people
football (t)
limllrui (l) were different and I don't
four-color heroes (t) know. This is when
fu!1d (t) Cadance had it and they
frank james (I)
moved some place else
frank koch (I)
frank thorne (t) and they had to watch
frank zappa (I) things, people would steal
~(t) things. They'd come in
~(l)
and steal whatever the hell
gangrene (I)
garrv leach (I) they could so before I
gaspar saladino (t) could get in I had to be
lli!X (t) announced, I had to this,
~(t)
or wait out in the waiting
gerry acerno (t)
gerry conway (t) room for somebody to come and see you. It changed completely. But in
gerry turnbull (t) those early days, it was the most relaxed place you could think of and it
~(1) was very nice, it was very nice.
getting old (t)
IDdeon haigh (t)
&immi!.:k (I) I don't look back on the days with fondness because I barely got a living
&Qd (I) and I wasn't the artist that I wanted to be and they just were not happy
CONFIDENTIAL MARVEL0017355
JA663
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page171Page
Filed 02/25/11 of 301
25 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 24 of30
~(1) days for me at all. But that's what it was. They were there and I do
~orilla
munch (1)
remember there were some nice, nice people and good artwork and a
governmental idiot~ (t)
W!fiiti (1) relaxed atmosphere.
green hornet (1)
greg brooks (1) I think most of the other people would tell you happier stories than I,
~:reg Iaroque (1)
because I think most ofthem were earning more of a living and as I said,
greg theakston (1)
gill:f (1)
they could go from company to company and they did this and that. For
grimmett (1) me it wasn't so great.
groucho (1) But I did have friends there. For a lot of the time I was living alone. I
harlan ellison (1) wasn't married and I didn't go out much. Then later on I did meet a
hart amos (1)
heath ledger (1)
woman, we got married and unfortunately there was a great deal of
heaven (1) illness on her part. We had a marriage but she's gone now and so I sit
heckle (1) here alone in the room and I try to go out and do things but I'm glad I
h.clki!t (1) have Spider-Man and in an odd way I try to think ahead of what I'd like
hembeck omnibus (1)
henley beach (1)
to do, what I'd still like to do. I seldom look back on those days with any
henry scamelli (1) great nostalgia, because I guess I was a lonely person and I didn't want to
herb trimne (1) be that way.
hero~(1)
hollywood (1)
humphreybbear (1)
I used to say as a matter of fact, I wish I had gone to College and there
~(1) were times I would, have wanted t? leave and just get a job, but I never
iced yo-vo (1) went to College. So often over the years if I meet a young artist who says,
ilkl!§ (1) "How do I, what do I draw, what do I do?" I say, "Look whatever you do,
influences (1)
go to College, get an education so if you ever decide you don't want to do
~(1)
inkwell forum (1) this, you could do something else. Don'tjust depend on comics." Also, I'll
internet (1) tell you one other thing which is kind of ironic. When I started writing
iiu:l!!!m (1) those comics, The Journey into Mystery type, I asked Martin Goodman,
i'onn i'onzz (1)
"How would you describe this industry? Because now I'm starting to
j.m. dematteis (1)
jack hawkins ( 1) write this stuff," and at the time he said, "I'd call it a dying industry," and
jaek ruby (1) it probably was; and so I didn't how long I would be around. Well the
james obarr (1) industry not only didn't die, but you know what happened and it was
jason sacks (1)
because of Stan I think. Stan was really made for comics. He and Jack
~(1)
jerry robinson (1) Kirby. I have always felt that he was the essential comic artist. Stan was
jim aparo (1) the essential comic writer and Jack was the essential comic artist; and by
jim cardillo (1) that they didn't put in anything more than a comic in their work and they
fuiu:icl: (1)
didn't put anything less than the best comic.
jim shooter (1)
iimmy barnes (1)
jjmmy nicol (1) DB: Makes sense. I've always thought that Stan Lee and Jack Kirby as a
ilil (1) team were far better...
illiMfy (1)
LL: Oh I thought they were the best.
~(1)
joe kubert school (1)
joe orlando (1) DB: ... than what they were on their own.
john beatty (1) LL: Yes, yes, because Kirby could add stuff to Stan's, that's why Stan
john buscema (1)
could do it. Jack needed Stan I think. There used to be friction between
john bvrne (1)
i2b.tukll (1) them and he left. He went over to DC and when he went there he put out
john howard (1) I don't know ten books or something or other, eleven, whatever it was,
CONFIDENTIAL MARVEL0017356
JA664
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page172Page
Filed 02/25/11 of 301
26 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 25 of30
johnny cash (I) and almost all but one failed, they didn't make money.
johnny o'keefe (I)
~(I)
julius schwartz (I)
'Then he came back to Marvel later. But when he was with Stan certainly
justice league of america (1) they made money.
klullirula (1)
keith chatto (I) DB: There was a period there where everything they did was just pure
keith dallas (I)
kevin scott (1)
gold.
kevin smith ( 1) LL: Yes, yes. Jack was a very good storyteller and he knew how to do it.
king size comic ( 1) Stan certainly flourished and he developed this whole style of writing
kirby (1) that was very individual where he would talk to the writer. It was very
kirsty maccoll ( 1)
much his personality and if I happened to come across once in a while an
mc1J
!.miller (1) old comic, you know he didn't do that. I don't think he did it in the books
lan:y Iieber (1) that I was doing, Journey into Mystery, I don't think he had enough to do
larry shell (I) it to work. But when he started with the older superheroes, each one had
led zeppelin (1)
their own personality like Spider-Man and the dialogue was very
lee (I)
legion of superheroes (1) individual and came very easily to him. So I think he was perfect for it.
lene !oyjch (I)
~(I)
lily (1)
Many thanks to Will Murray for making this interview possible- you're one rfthe
links (1)
lions bok club (1) best Will!
!iye earth (I)
lobby cards (1) Posted by Daniel Best at
6.:2~1LQ.!."J1
Labels: iiJliili , ~ , larry Iieber , !!I.O.!Ycl , ~
loss (1)
lost supennan story (1)
macarthur (I) 4comments:
mahatma gandhi (I)
man-thing (I) Scott said ...
manifesto (I) Larry Lieber has always fascinated me, because he really
marcel marceau (I)
could do it all -- write, draw and edit. Some of my fondest
mark bright (1)
mark twain (1) comic-book memories are of the monster stories he wrote for
marl< waid (1) Marvel that were reprinted in Creatures on the Loose and
marion brando (1) others, the Atlas books he worked on, and the Rawhide Kid.
marvel de (1)
mary tyler moore (I)
max august (I) Thanks for the interview, and Mr. Lieber, if you're reading
men at work (I) this, THANK YOU for the entertainment and joy you've
michael Fleisher (I) brought me. Take care of yourself.
michael kaluta (1)
michael pate (1)
michael turner (1)
michal ditkiewicz (1) --Scott Rowland
midnight oil (I) Tuesday August 07 2ooz 2:58·oo AM
mike delisa (1)
mike friedrich (I)
mike hunt (I) Anonymous said...
mike marts (I) Danny,
mike pascale (1)
mike sekowsky (1)
I've been reading through the interview and enjoying it. I've
mike vosburg (I)
moira bertram (1) had the pleasure of speaking to Larry on the phone and
http://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.html 12/9/2010
CONFIDENTIAL MARVEL0017357
JA665
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page173Page
Filed 02/25/11 of 301
27 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 26 of30
monkees (1) meeting him in person in one of his rare New York
monster mash (1)
Convention appearances. Larry is a a very low key guy with a
monsters unleashed (1)
monte cristo(!) wonderful self-depricating sense of humor. He tells great
monty wedd (1) stories anout his experiences in comics.
!.lJ.Q!:illi;g (I)
mr garrison (1) I hope they reprint his Incredible Hulk comic strip one of
mr media(!)
rnr sheen (I)
these days. He did a nice job on that strip.
ms marvel (1)
munsters (1) Nick Caputo
Jlll.lli!m (1) Friday Au;ust to 2ooz J:4s·oo AM
murnhy anderson (1)
music rex smith {1)
mystery marvel staffer (1) Rob at MEC said ...
.lliYli1k (1) Good interview with an interesting person. Always good to
~(!)
hear about the Silver Age creators. Thanks and thanks to Mr.
national library of australia
(I)
Lieber.
~(l) Thursday Febman; 07 2008 6·n·oo AM
nick baka,y (1)
nicolo pa~anini (1) Senador Lombrith said ...
no line on the horizon (1)
noel coward ( 1)
Thank you very much for this interview. It gives a lot of
old bastard (1) valuable information about. the early Maryel years, and it puts
l!kiJ;Wf (l) also some light upon the reality behind the "Marvel Method".
ome~a the unknown (1)
one hit wonder (1)
By reading it, I have realized that Larry Lieber deserves far
=(1)
=l!;y (l) more acknowledgement than he actually has among readers.
pablo marcos (1) S..illtda)'Jl!~os no:oo PM
~(1)
panel madness (1)
Post a Comment
parade magazine (1)
~(1)
PMt (1) Links to this post
pat mcnamara (1)
BABY BRO GETS A WELL-DESERVED FINGER
patd kelly (1)
paul newman (1)
paul ryan (1)
paul smith (l)
Newer Post Older Post
pa,y_ty (1)
~(l)
pellucidar (1)
pete shelley (1)
police academy (l)
pop mart (1)
!!Q1i (1)
p1int on demand (1)
profanity in comic books (l)
psycho battle cats (1)
puking my guts up (1)
~(l)
rachel sweet (1)
raillm (1)
raconteurs (1)
http://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.html 12/9/2010
CONFIDENTIAL MARVEL0017358
JA666
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page174Page
Filed 02/25/11 of 301
28 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 27 of30
rainbird hut ( 1)
rill!l.b.2 (1)
ramon fradon (1)
Il!!l! (1)
red hembeck (1)
reed crandall (1)
reilly brown (1)
rejection letters (1)
relief(1)
resolution (1)
reviews (1)
richard howell (I)
rick olney (1)
rigged elections (1)
rob allen (I)
robert frost (1)
roger daltrey (1)
!1!!!li!l! (I)
ron wilson (1)
room with a deja view (1)
roy lichtenstein (1)
roy thomas (1)
rum C1J
rude dude productions (1)
russell morris (1)
'illbk (1)
sal velluto (1)
~(1)
samuel clemens (1)
l!ldll:li(1)
scranbooks (1)
sean witzke (1)
secret inyasion (1)
secret origins (t)
shattered limbs (1)
sheridan morley (I)
iliitly (1)
shit (1)
shit the dog (1)
sick as a cat (1)
sigmund freud (1)
sir edmund biliary (1)
sketch cards (1)
sketch magazine (I)
~(1)
smallyille (1)
solar (1)
sony pictures (1)
sophie b hawkins (1)
!ill!rllli:(1)
south gark (I)
sgandau ballet (1)
spellbound (1)
sgort (1)
iiPY!Ill!Il (I)
squirrel girl (1)
CONFIDENTIAL MARVEL0017359
JA667
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page175Page
Filed 02/25/11 of 301
29 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 28 of30
illQhn (1)
stalkers (1)
stan cross (1)
~(!)
star!in (1)
starstruck (1)
state librazy (1)
stephism (1)
steve distko ( 1)
steve mcgueen (1)
steven grant (1)
strange tales (1)
i!mlkx(1)
~(1)
sylvester stallone (1)
!llm!!l (1)
tears for fears (1)
teen titans (1)
telstra (1)
templates (1)
terowie (1)
terrv beatty (1)
thad branco (1)
the bodgies (1)
the crow(!)
the dark knight returns (1)
the falcon (1)
the fan informer (1)
lh!;j]y (1)
the fortress keeper (1)
the long man ( 1)
the lost rea]m; dragonscarpe
(1)
the payola$ (1)
the point man (1)
the punisher (1)
the who (t)
theatre (1)
!hi=(t)
thomas (1)
tim burton (1)
liJluiili: (1)
timely comics (1)
~(1)
tom zuiko (1)
tony tallarico (1)
lll.rlli!.\lQ ( 1)
tourist (1)
transformers (1)
1ril! (1)
triple j (1)
trout in the milk (1)
tsc.hajkoysky (1)
tucker stone (1)
!:Y (!)
uk comics (1)
JA668
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page176Page
Filed 02/25/11 of 301
30 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 29 of30
THE COPYRIGHT
STUFF
All characters, images and
text are © their respective
companies and owners. AJI
material ©their respective
creators unless noted
otherwise noted. AJI written
and editorial matter©
Daniel Best, (with exception
when work is clearly quoted
CONFIDENTIAL MARVEL0017361
JA669
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-29 509510, Page177Page
Filed 02/25/11 of 301
31 of 31
20th Century Danny Boy: Looking Back With Larry Lieber Page 30 of30
http://ohdannyboy.blogspot.com/2007/08/looking-back-with-larry-lieber.html 12/9/2010
JA670
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-30509510, Page178 of
Filed 02/25/11 3011 of 3
Page
EXHIBIT 27
JA671
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-30509510, Page179 of
Filed 02/25/11 3012 of 3
Page
l/9/63
Dear Jerry:
Enjoyed your letter as usual. Now, a few words of explanation
regarding some of your points ••••
You're right about Al Hartley's art work not being right for THOR.
Actually, Al specializes in teen-age strips (He does the PATSY WALKER
mag for us) and simply pinch-hit JRNY. INTO MYSTERY because it was
an emergency-- Jack was busy with mFF ish that was late, Joe Sinnott
was tied up with another job, etc. Al would be the first to admit it 1.s
not his cup of tea, although if he HADN'T. consented to draw that story,
we'd probably have missed an issue. "No loss" you might say-- but if
ever we DO miss an ish, it involves all sorts of red tape with the Post
Office, penalty fees, etc.
Actually, we have a very small staff-- quite unlike the NATIONAL COMICS
GROUP. If one of our men gets ill, or if a new mag is suddenly scheduled,
it throws everything haywire. We seem to exist from crises to crisis-- not
that we'd want it any other way! As for Jack starting strips and then
turning 'em over to less talented artists-- well, it's not quite that
simple. The poor guy only has two hands, and can only draw with ONE! I like
to have him start as many strips as possible, to get them off on the right
foot-- but he cannot physically keep 'em all up- in fact, I sometimes
wonder how he does. as much as he does do. At present he will concentrate
on FF and our new war mag, SGT. FURY-- as well as pinch-hitting for other
features if and when needed. AND he does almost all of our covers, of cours<
As for Ditko's art, you're right on most counts. But again, the pressure
of deadlines has to be our excuse. You can't possibly imagine how rushed we
are. It isn't a question of can't our artists do better (or can't I write
better)--- it's more a question of how well can we do in the brief time
alloted to us? Some day, in some far distant Nirvana, perhaps we will have
a chance to produce a strip without a frantic deadline hanging over us •.•
and then, brother, you'll see script and art work that'll put EVERYBODY
to shame!
EXHIBIT
/7,
THOM0002629
JA672
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-30509510, Page180 of
Filed 02/25/11 3013 of 3
Page
PS:
Well, we have a new character in the works for STRANGE TALES (just a
5-page filler named DR. STRANGE-~ Steve Ditko is gonna draw him. Sort
of a black magic theme. The first story is nothing great, but perhaps
we can make something of him-- 'twas Steve's idea, and I figgered we'd
give it a chance, although again, we had to rush the first one too
much. Little sidelight: Originally decided to call him MR. STRANGE,
but thought the MR. bit too similar to MR. FANTASTIC-- now however, I
just remember we had a villain called DR. STRANGE just XR&H«n recently
in one of our mags-- hope it won't be too confusing! Oh well •••
FF is easily our favorite book here at the Marvel bullpen. It's my baby
and I love it. People have asked for original scripts- actually, we don't
even HAVE any. I write the story plot- go over it with Jack- he draws it
up based on our hasty conferences- then, with his drawings in front of me,
I write the captions and dialogue, usually right on the original art work!
It seems to work out well, although it's not a system I'd advise anyone
else to try. ---We get do3ens of letters a day asking for FF puppets,
T-shirts, membership pins, records, everything-under-the-sun---- it really
seems to have attracted some very loyal fans. The THING seems to be be-
comming one of the favorite characters, and the YANCY STREET GANG a standin!
gag with lots of fans-- at least 6 i letters a day signed THE Y.S.GANGI
ANT-MAN seemed to need a shot in the arm, so we added the WASP as A.M's
partner. Hope she'll help. THOR goes his merry way with a seemingly de-
voted circle of fans, and I'm inclined to think we'll be playing up life
in ASGARD more and more as the issues go by. As for SPIDER-MAN, I wouldn't
be surprised if he turns into a real winner, judging by the mail ,.,.X: we're
receiving-- tremendous enthusiasm from the readers.
Mail-- that's my biggest problem. I take it too damn seriously- read each
and every letter- wish I could answer 1 em all- we get over a hundred a day-
sometimes over 500!!1 (after a long week-end). Cantt keep up with it• Fans
keep asking for MORE letters pages- wish we didn't have ANY! It's like a
tiger by the tail- can't let go- r
Can't really tell about our new plans.because they change from day to day.
We play it by ear- and base many decisions on comments from our mailbag.
But, hope the above may have been somewhat halpful-- back to FF now--
THOM0002630
JA673
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-31509510, Page181 of
Filed 02/25/11 3011 of 3
Page
EXHIBIT 28
JA674
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-31509510, Page182 of
Filed 02/25/11 3012 of 3
Page
K00143
JA675
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-31509510, Page183 of
Filed 02/25/11 3013 of 3
Page
JA676
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page184 Page
Filed 02/25/11 of 3011 of 15
EXHIBIT 29
JA677
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page185 Page
Filed 02/25/11 of 3012 of 15
PH_P00005396
CONFIDENTIAL MARVEL0018162
JA678
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page186 Page
Filed 02/25/11 of 3013 of 15
~ ur'riz~rhditar,
I t\ h.nily UC'Tef that M4:1'Vti's prtmic
born Sunley Lidur... or r..b.t.t Urrj l..Hba, ~ely M.arwl
1J1il..l
Stan Lu,
· PH_P00005396
CONFIDENTIAL MARVEL0018163
JA679
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page187 Page
Filed 02/25/11 of 3014 of 15
Three spla~!w~ from Str~<r7g'>' Tot'e~ "S? (196~)-by !ttrby SAyer~. Htrk. ilnd IMkQ. Onfy the lil1ter had a wt l,n'~ c.red1tjor s•anl.ee, Hl thrr ofh!!r two were qufte
f>~Cbal>ly dl.!!tegw::d by l<my lteher !OI~!'r;; Milrvel Chara~t~m;_, tr~t:,}
RI!Thu'"' .Jru
lud olJn= nobody wodiog fn< him.
u,.
Amcricul News colhpsc. w-hf:rl
Goodtna.o~s comics almon dosed
hit,.,.~.;., iust., &'D=1
UI'J!IlR: J- in t=nl The~ in hit
"JJe xoa!lycam<,i dink, wRhPMWtic
&.r....! $pikr'Mon. lklot. that, ho didn't
Jown for Wout a year. hne lfu.t kiod of Jtyfc; aod 'Widt m(; it 'WI:S
L1f.BER; Wait a minutt--l J;J do jun ~ prinqlles,_ rau know-: j~J.;t huw
some comi~:~ lhen. I did .rom.e- ,.. ..ru., ""' -nu.;, too """' ...ro.·
rotnll'lGC" c-omic&.. I wu ptaciling
I,TifE ·and -p'tJr: fD leu~ ~~nil ir'.r
them. And ~ wu .1 poirrt whete I GARGOYLE! weD-written they wCill't ~t to rud ir,'"
thu kind of thmg. I brood ol"' of oho
did writing, ""=< I """""""' S<., SOMETHING bun
31-ying to mt; '"You write romLQ~;:Q
rWiy wdl.," so I mwn ban 'Writ:tn
FANTAsTIC! ·
I..= on, k goc hio •ryl~ ,.; I didn't
romr.. In1958 Suuuld he ..-..Lllted puci<Ulorly wont to go with thu nyk
•.....bodr to bdp him writ<, ..d h. m.)'df. I COMinued ID ~ wh:m~ way
lud nOOody thon; k .... dcing it .u I did 'W"J"iu,. Latu, ~I '(lid tha- ~ert«m,.
himd I nid, 'Tm rul1y not • they w-ue not "tllitcen in Sw.'J nyJe. I
wri~'" He nit!, '"'Oh. r~ re:td your telllemher du.t llrby wu. &o f:ut he could
Jett.tts.'" So I ~hiy wrote the draw Wra th.ur: I Wl3 wrjling! Stan -would
~ m~ afw- tht.L "'l'"' ""' "]>d. n-b JnO<lm saiptl • I
R'l'! When the comics wen jU!t g:tt· war on 1-ln, aDd 1 used to :lit there
tin-gnaro:d up apn.
s«nmbr >nd S.nd.y, ..d then ,.., th,
Gruv:l Cernnl Pcm: Office rhu wit opro
L!EB£1{, w..n. tb.y w"" puuint all tbe time.
out.,. let's ~ ... ]o<m~ey iH.to
M~... TJwtt:~ ..WonUh-.... I
tn 19(i1·6~ Am9zmg lld«lt i;;ntMy bc(ame thl? outlet jor ihe l'.!t~ R'U I <=fro rue ub xid~ down tJ.=
Ditko "0. He:ray"~s~y~t t~re$ \011)99 Mar11e-l char-lt:f"rs, !r.t l frmn the Rut 80, at rnidnight or lmr,
nli'te:mbet- Jack Urby "Wir5 uJUAily
PH_P00005396
MARVEL0018164
CONFIDENTIAL JA680
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page188 Page
Filed 02/25/11 of 3015 of 15
"""""' ~;p.o;.l Ddi.ery "ooLII!"'"' s.m R=n put-he h1:d t. couple of rhem he tried
Artie Simek in Qu~ by rhe oeu out., rome of the Qld pee>$, mel lhen he
1'1novling.Soo;.,;""' it did,..,.,.,.;.,., itdidn'c uid to me, "Youc
a {C"11 yean: ahtad of me in du:t ~rt-. nuff Uc't clu.t gbOd,
You~ e1Clir:r that Sun would. .tty to but you kno-w,
necd, a nory llo':rW. • Did }'<1U plot rome rJ you 'ro! better thu!.
rnonmr stor1et. u ,..til? tJm:~ ~sl''
UEI!Ek No. St>n """~ "l' u.. rlol;. ...t """he'd givoit 10 .
me. md r d wrirx. the tcnpt- 1\idor City ~ a park; ant! whert
·
It Wl!l
Kn Killing yao wi<h
complimentt, hub?
o.ice.!'d Jit thtn: md ~ ~ 1t0ry d~n p~u b.~ picwre. I in$ UEJIEJt, ~ ;,_,
unwre of rnyd .(wit nlll1:ig dowu 00 W""nU a.sCl'lpr_ Stnce I kMw
~ott of a COIJlf'limc:rn..
Wccli
'1 hmo' 00 dm<, I'd !hiul "Oh, dtiJ ohot will h<v< • guy <omiog
this: way .•. d:ri.l shot w~'ll hue 1 guy looking do-oNn oo him," me, I.e mel no~ writer to
· md aw- I'd sit at. the typnrriter md type it up. After a while, romp-an me to, t:a:ept whn he
ran~ So~ faults he .uw in me, he- jwt
I'd ;asf to ro the typewrim:. I w6u.ld fol.low from SruJ•s plots..
fe:lt I wun't u socd u he "WA4. So be r..ook. rblrqp; very eur:
R'l'. Woold)ackhn< ~ poncilod tht omry~ ·w~ why doo't you do thia?'" But :a.s 1t .-~on, he got
R'Jl SoW.,...,.,~ "11•' y¢1 I ..h.l RU Tlut western tud a Wee fed,. which is p~hlr ooe ~
Sun recently jun how dut style =rt~ He ,
fdt <n<ybo F<NUUic p,, #I ..,. tht """'of u,
the most mccet:dul a1 tbt: ~ems- foe s:evenl. years.
ror;, ir 'Wla5 i
l
&uti ,..bed if, by l%1 ,.d bofon,he ..,.., UEB.ER.t I doo~t remember -why I 'W!I.nted to do .it, puticotarly. I
.lr<>dr doiog , _ clnngo pl.-u.-..h- £..- J..-.k think 1 '#WI-red .a little~ freedom. J didn't do enoogb oi ~
and other.. rnp...h"""' 10 l<oow ..hethor I'd like them. WJ.u I did.n~ p<d'er wu
the style tha~ VIII! deve-lopipg. It didn't tppeal to me.. .. bttt it~ tO
LIEBE& No. I think it snrtM with Frmustic ~erybo<!y ds.l
F!M', or- -.round t}le time he did tl)e ~
RTI W'u ir.lhe ;£.ct that it was more mdodn.ms.cic, cr w-ss i-t the- rallim?
RT1So yoo'd tnfn Sbn's ploo into a lirD rcript
lor ].dr. ... -.hoe= I L1E..BER! Maybe 'tbece wu jurt too ll1lKh humor in it, or too -'l"mdt
,...--~!!!!..---------·---..., ~I don't know. But, ola.df, 1,
I.IEEER! Or foc Don Heck, O£ .sottte-- ~ .......,bod.! =b<r. "tht rime,!
on.e. Scan liked vniriug his own JtOries W'2Jlted m J't!Ue ~ ce:ricMlJ. l
fu< DiBD. Jock I .U...,. bod to,..! • didn't-nnt tope slight toJV ro it,
ful.l sc:ript to, Also. vhu SuD lind wu Whm I did.~ Kid, I""""""'
!hat I made up oamc.&. & a fll.;'I[Ut' of peoplill' to cxy a:,: if they wtte w:m:bin1
:act, I madt: up the l'liDie "'Hfn11: Higb Noan or M~mething. The writers 1
?ym"' •.•• used to love were Rod Strl.ing, P\\dd:y
rn T'hat wou:id b.: .ia the '"'Mm. i:n the Clu.yev<ky, ~ Siliph""'- So I - . ,,
lntYI' o<o<y in T.k "'Ammith 117, trying to wriu: tha!. kirlJ of thin&·
Pbich led to Pymftmmi.Dg u AJlt:- Rl: YoDr fir1t tupc:£-hero work seemi
.W.. Y.. probahly ...d. np a lor of robe ThCJI" 'in]rJ~ into Mynvy M.
UJa dtu: people ust:mJe Sr.m cr Jttk 'I'huanle' oat in the WJhll1tt of'62, ro
m..d. Didn't you m.ke up "Doo yOu'd Jm.e done the Kript in d'lt!
a.· 'Whon you omp"" cl.elinl Thor Spring._ if DOt bdore.
my1 .
LIEBER.: 0~ incident I remMnber
II!BJ!R: I probably did. I ""'" • full with you md. me 1ru: l w..s in tho
J1pt ll:ld ie:Qt it off to Jatk.. When "WJIJI o~ and yo:u wne in. You'd b.Hrn
joll. cune ~ orw}len Stan sttrted porin!, a= B"'fo«b\ M:>t~ or
UUng tho "'!"'"l>n=1 ~and you~ ·'"Lrry, where
J:i.rntatic FO«T ame. O'llt ia :;1.llJ'lmM'". did you fmd thU 'uru lu.mm.~ in
mythology?' And I Wd. ,Roy, I didn't
19151~ ancfl started ~a.~
find it; I mal:e it up._.. And you looked
'"'<lln .md-'65. !y d.en, I bdi=
n me tike, "Why the hdl did )'<>n make
ro:'d -ab,~ Sl.lper-hero wtitint
~~ a year More. $mi. told me he
vayt liked your JCript!,. but thiat you
it up?• You went and found tb.t: ba.ro-
rner:'IO original n.wl~:.- M"JOlnir.. I.
lo't writ« •1ot ol sadl Yotl 1e~ed R.T: Bur 1 kept yom name for i-t, too.
~r off t0n.ee11tn.tin:g on the-~-
"> '~Y &wbiJ. Kid. .
""'-I rhoup,r
metal jt Wl-1 made of
·=·
<ould be the
EBElt: Stan wu- cr:itidl K>~ LIEISER: I kind of blwi it; it wu :~bo-n.
i he bew lludn't wrimn lw:fore I
:ud writin-g for him. He: thought
Henry f'ym must h.!!V/.1 th<iuqht !m .;:ncounii>T in an aflt hiUw\\~ )Us.1
a Q:'!C~1~-a ·lifetime Tfiir-'J' Wrong' {0 1999 M.-nvel Cha.ratters, hv;:.l
It'r l!llly on tbc letterer; dtey'l"( goink tO
be: using it !!ll the t:iiM-. I don't knOW' :I
k on writen he 6d known in (he
PH_PG0005396
MARVEL0018165
CONFIDENTIAL JA681
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page189 Page
Filed 02/25/11 of 3016 of 15
,. ;th tho
I
«ad th< old ....... rtill koa... A..gtrd .00 th< JWnbo...
'tho on> ho""""-• J!y that B"'W- AM fl6,
"-'~:<', of <XJUn<, St..n - do;,g tho plou
md J.d'"' ~down
th< """"-Did you ....... your CU«TWU " " " " " . - with phat< . ·.
lim ,..;thoro~;, "l'!ot-Sti.n 14;
1bmon-ow M.n, ..., tho
Script-l.any Lieb<r,
Art- Jd
all ~mper-heroea, Ot"W. the'I'lKI£ ocipn jun&nodlcr mxytoyou? Kir-~lnb-Dick Ayen.• M:aybeStanmade op rhe~ TorDOmlW
Mu. hllt 'WO'O.ld r~ h.a:ve made up hU Zanko!
rttl_ " " " ' -
.UEBEl.l Thor -wu jUit another •to~J~:. I didn't think •bout it It ill Stan
rod, 'Tm trying to ...ke"'' a - · • :md be p;v< .,. th< plot. ond I.IE:IIElli It wund.o like it rould hm h= 00< ol my .....,._ S.... ;
he Wd,. \Vby doo'tyou write tbe stury?• would rnili up the big: names, li~ '"'Cnlcsms- m: ·~ -tb~J a !
h<lhm """'- H< gn< ""the tid<, .nd !'d writ. the ""'Y·
R'n You '\\>el'e ct:ill'flrit:i.t.8: fnJI ~eripu when you didi'l!.or-? I~ it's ll
tot to be bud 00 R'n Why would Stt4 hue oot wrictm the whole Thor ,tocy, which wu ~
rnn<mbcr oftcr obviouoly the ~-if ooything - - thot,.,. going to odl tho nuga·
o1moot fony 1""- ,;,._ md 1<1 h<'d ~;., b.dup mnko di-.wn by oot j= Di<ko, bot by
You wrote the fir&t . Dna H~ Paul &imrw:l? rve DCTt:t quilt: bun able oo ~tn _clat out. -·
b.Jf do= "'"''rho< -of'"""""' did plot th< 'rho< stoty. .
rtories. LIEBER: He thow:ght .
liEBE.lt! !wrote thu of it. 'J'bt, only thing 1
many? I th01.1ghr: it a.n think of il dllt ht:
wu just two or thn:.e; didn't bow- it ......u
but I""""'"= An~
go;,,., h< thot b;g •
Mtn.l drink I WTote f"~ R..c-mtmb«,.
I, that the slime Wl_f I Sun wun't writint
dia!Qpe for the re~t
II 'Wrote the ochu
Kripm. with 1. full of T.ko of A>t"'"'b;
>Cripe h< only did dw for
cite Ditko nary,
Rli I n...,.kmw tbu. Whenw~bd
Sw:. probt.bly doesn't "Col.ossua.,'" a crn-
remm.ber. I ah.rzyt t:u.«: of stone,. m.~~.
u..,...J JW< brok< wu rne writing from
down the storie..l', · .Sw{t ploc
henU5e tht.t's wh.r. he:
....., doq lor San: RT1 So you and he
were oontinuiog the .
UEBER: Let rru: put method wed in the
it !:hit war. I wouldn't·. m~ter books. The
swear to it. but I have only differeOl':e iJ
-no recolltttion CJf evu dut, whtn Stall did
I <nr; lkbn's RtW.Ih1rf~ J.'1d r;;t.amed .an actilH!l~~
'tc K tby fl,m, {0199<1 M:lr>J1! Cr. .. racters, Inc) writing R story m..t stan writing full sto--
. htd alrady bftr,n pen- rit.s hirn5elf, he
PH_P00005396
CONFIDENTIAL MARVEL0018166
JA682
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page190 Page
Filed 02/25/11 of 3017 of 15
o;vuuki get Jack or SDIIlWnl; or b.rcr equally good or ~e.a bnur way to do
Diclto on Spikr-M.n.. to break down it.."' B1Jt I nill fe111l that 80-90% of wh...t
t:ht :octory. he J3id wu the ben w:~.y to do it. Now
I'd like to uk you -a.bout a few other
UEBEll: whm he sav that the nrips ~el scriptets·in the £illrly '60c. Thrtt
hod potentitl, bo stmed writing them, wu Bob Bemncin, who wrote as
wJ~hc wu wa<kitlf; with J.d. Then, I "li.oben Bu.rru·; ht.'d bun an ol.dtime
think h~:: vas dotnt so OitJCh th1.t he comics writ:u. Ernie Han: 'WI'OU 11. C(n.lpk
found it w~ bettu-md aho. 'Whrn of stories- ;a ~.E.. Hundey,'" and one
yoU' a 1'f0rk:ingwith a guy 5-k::eJu.i:- lroo M1tl story-the one that intro-
J~ ~ yc:ry r.r~..,-e, -md ~ 00 duced the Bkck: Widow--mt wipt-
,P'I1: a lot of thing:s i.oto it. }lck alvayJ cndiud to "N. Krok, • who I gueu wu
~doing it,. I'd inugioe., to reilly Don Rlco-who bttr used hir teal
some otr:nL Some mim yoo wouldn't lU.me on a. Dr. s~ •tory. Do you
hxte Itt WO£k rh~t way. Tht:y w-tte~'t !mow wby they us-ed. pm1donynu?
:ill pmic.ularly good u it..
LIEBEJl: No. At t:h2x time, I li-ted in
Rll Some l:iked it.~ luted. it. Some Thdo< Ci<y, >nd I would juR drop off
h.wl-lcing ~d "Yie" "f=, my work 2.t the office :rnd. go bad:; ~
bO< thm <her tot ID fu rt. md ~t« I didn't .know what rhe beck wa.c golng
th<y'd II" UJ>'<' if somwm gav< th<m on. I just Vi'W.t w uy one thing -a.bout
A full ~to dnwl St:lrr I was -a.hle to tab the critirum
I..!Er.ER.! Bet Jd W'K so c.restiYr, ~ from him heclwe M W2S ahnp right!
he probably~ it. It was eas:i.u E= a the thinp ho would ""Y did.n'1 ·
for Sun, once he had ~ pidma fed good to me. ln a. 'lfi.Y it W2.!l ilina.t
then, to fit in copy. I rcmoubcr he'd. like 1 wn pb.ying out a Kellt in the
~· "'Oooh. tkre'& ._ lirde 'l'aa, I an
mDTic Satra:m.ou.che. Haw you u:en t:hat
p1lt. word- b.Boon !hue. l'his vould
mOYie?
b< good ..,, wu =r <uy [.., him, RT:. Only when h. fr.rn cune out, when I
md it worW bcturifuJiy. wu :z kJd.. [ hmw ir COini'!S fror11. J. book
:R.T;. Sun ~t a lot of time with me in by R.bd S.h.tini .. -
the mid-'60s "" placiug bdooAs. UEBE.R: S~-m..ru oH whace
becmse it was so importmt. Did he ~bo::Jy j, killed by !he r;re:;test
e= wotk ..-ith 7"" on b.lloon pl=- ....
ocr~mu.n in p""""' p!.yed by Md
l'llWt-wb.tte 00 put the ....~ bal- . Ferrer. Srewm 9r.tn&~ ~ to protet.t
Tomu1 the vi.crim. but he doern't kno-v bow to dud, and Nrrer .iJ lu~ (Dying
LiEBER, Only ...bm I .wtn! d1....IDg the 'Y~ Spik-Mm nrip, wir.h him. Later, Grtngtt becon:w:s -a. swonlnn.a.n, -and they tight to the
p:an lau:r. When I stut • "'Vttk of the: mip, tt·~ not whac to p1lt the doth at clx: end. Bur some--
time. I would dllnk. with
balloons,
come butfine
out.l nuts "''rith
l goilinart ---:::::::::~;;i~~~rvf:f:.~~
no tht lettering. trying to make !:h.: 'W'lXrlJ _ S!m-with ><>n><body who
·knows haw to ...-ritt well
splce oo vork with.
and you don't knoW" how
RT: !>lacing bolloota got"' ro write- ~dl you
ingrUoed in rae that aha a. could've uid it: tb.i:s 'V:I]'l
fn, .....b ol writing for Wd.l, you could bl."re nid.
Suo, I'd be watchi"!; TV it th.u'Wllyf'" And you
md I conldn't hdp im.;- didn't dUnk of """ ol
icing ...-1.= the b.lloom tb05e. At least I a.~
would. go if ~ scrttn with him.- which was a
were a pmd. i~:~ a oomic! lot ~ret, ba:.awc
sometimes yo-v vock
LIEBER, Ob, he....., with poople who tdl
mi f=r ..bmtt the . you thin.ga you don't
billoolllJ .00 tile poinl- ·~with.
ers, Even no..-, it's
•Don't pm: the point- RC'fb.t=bo
er t:b:re-look at it. bud.
there."
UEBEfu l
RT: !.hsolutdy reme-mber Sun
au~ with IW thea- saying years -a.go..
~k. I don't
"· oltor thirtr-
somn:hing yon. are-you don't
In i¥Y p-nticn.br have to write in my style. I don't
~;:m. I nUght ca~about th.tt. jUst make it correct...
think, ~re's ~.nother, Don't m_:z.ke misuke-&-. Just Juw;.- w-bu's
PH_P00005396
lO
~acd ~ ~t't dtca1t.." It "'hm't rvm tiut ht wu roolci.ag for . there wu a Dr. Dotlm soory wht:re you ~ and penciled the fim: b~
~ wtiti.o:g. Ju!t don't wriu: badly; he wottld retdt for that.~ I I WT<m md F=k Gi>roi> p<ncilal <he =nd bill. prohohiy b=o,,.
rnuu ny rll;at his critic:,inni in the a.rt:'WOr'k w~ wually cight. They you wt:tt busy on tbe ,..mems.
Did yoll .tiw3.yl: J.ikt. westtrcu in put:ic:~
.
mitbt annoy you !ltlmc:tirnd. but ~ doe.n't tell you to take ram.ething ~~
LIEBER: I don't knoll' tint I did it deliberatdy. But it came out that JtT: You cvw inked one or two of those ~es.
wzy. None of the~ solr:laH that wdl Yean lm:r.l would meet
someone SOttlt:(im~ 'llrllo ......-ould »Yt lou luwv, 1 read your wtstttru ).JE»Eil: 1 vn$n't vny good ~t it. I didn't like ~8 it.
ond I ~kod thrm. • Whkh ,.., o.M, bee.= nobndy wrot< hn letw1 to RT: One of the stn.~t inh.r.s you h;ad was Matt Fox.
the westerns. But. it w'u llvn}"! very gratifyint; tO hear thtt.
LIEBI!Rr lluui th" omf!l Oh, God, ...! l""' ~..... llwuod tb.t
R'fl 0~D": ia. the lut: '603 I finished off a RnibiM KiJ Mdly you'd ~n· Man Fox is~ OD! of the greats by som~~ people, Rnd his :trt-
cikd md ~ 1-ud to qtiit WT"itinc partway ¢rough the dido~ And Wttk bring.!: ~ buck or twQ. ·
PH_P00005396
CONFIDENTIAL MARVEL0018168
JA684
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page192 Page
Filed 02/25/11 of 3019 of 15
25
R.'n Yeah, but not in ccnnics:. wu Klstrangt-,..:__hd line jurt deadened e'eytbis:Je:.
!.IF.BE1C I hwd W. >tuff ~xca~ I ~ ...;u. dn~ md I w.. . LIEBER! One of my tr;llts ~ tfu!t I wu reluctmt to ny anything b:ul
rrying ro moke d.. .J...wmg.look" re>l u hurmnly poui>J., md llw! .boot mybody, I>== =<ybody h.. t<> =n a &ring. I wuuldn't oom-
a~ rime. 1 rmnembcr- 1 once Md Don Heck inking me on a fi~J~&--. pkm, no n:ww: who thq' put on. Bur ont ~I wu w~ in the
p:tge w~ and r,~ nying, office pencilirig a. we3ttill, aod Sta.11.-walked. by. He mw my penclr and
"My God, he'• good "m.king my he uid, -n.;. ~ yom pmdlingl' And !.>aid,. •yw,_ • Surr .rud. "Thu is
>tuff look bat<,- than it ;~.... he pntty B"Q<L I've b<.o looking u th. fioishcd nul!, md d= loob <=l-
w;u. Mut Fox-if my ltllff wu, l.it-- bk.,. And he removed rhat inker--it wun't M'<ltt Fox-and pn: me 1
de sriff, he Imde it ev~ sciffer; ~ bmer one.. But I. of my own volirion, wouldn't r;ay a watd ahoot iL
....kit look lihwood ~I
RT: Fat obviously lu.d :a style Uw: just didn't triDS!ue "'1ell inro oomicJ,
.R.T: Fox had ~ m.tdvenising..
H<'d dooe 5m~ pulp lllusrn- LlBUltt Then._ therewu t pttiod.-l don't koov.vhem it wu-wheo I
Uons; evidently be did S<Jrr~t coven just did writing. But rru.ybe thu cme 2kr die wt:rttrnJ, b«.:.~ I lad
fur W<inl T.k>, rh< mogmne <hot lhe: ~ei)CC: oE writing mipts for diffe.rmt utim.
P"b!Uh<d H.P. !.eve=& ond Rob= R'n Wdl. I know in the ~ly •ro.: ~ iud theR my:mry- swri& And
E. Howanl, i~ Co..., bock in yoo ~fort of :a liaison 'WOC.kiag with rome ol the writert1 foe 1. while
the ~ Fox .did color wood cu:tJj be m=. too.
was a rat mist, but hU comic ~
LIEBER; I bcned tllue's DO ~ipt th2r: is so~ ir cm't be ruined by
Thoagh ptl!p 7ans may have c.olle~ted
Ius work, t.J.ny d!l'te$led the ho,wy !Qillebody; 9na 1 was doing 11. weJtern Kl'i.pt, and my a.rti:,Oe inspin.~
wking sly!;;- of rthlH Fell:. These two tiol:i u alw11.)'J waa Ja.ck Kirby. Whm Kirby dnw wm.eth.in(o h.e madt it
p~nels ;;r~:: from S.tm'1g(t T~<ks 11110 as inWesring at you could g«. I h.:ad IodWu chasing the hero. I figured
(l!,lil•;~), the sam~ mu~ wh1ch $aw the this woold be colorful on the titk spluh, thinking the "'1-.y Kirby would
debllt of Dr. Strang~. !l<J!9'9~ Marvel do it. He -.roW.d do :an Iodim, md it wouldn't mutu if it W2.ll the cot-
Chuteclers, !!l~ l rec:t tribe ....
PH_P00005396
CONFIDENTIAL MARVEL0018169
JA685
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page193Page
Filed 02/25/11 of 301
10 of 15
PH_P00005398
CONFIDENTIAL MARVEL0018170
JA686
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page194Page
Filed 02/25/11 of 301
11 of 15
RT~ Steve Dir.ko ldt a.t'otmd the e.D:d of '65, beginning cl 'U. Yoo W«fl liTr. It'& amazint you couldn't get mort: >rork. toing: at Muvd.
sooo workhlgon tM.Am.zbtgSpi.tlrr-MAn AnnU4L
LIEBElt! lr wun't ~ch a nice thing. but I won't co into' it.. I don't wmt
UEBER!: I ~-doing a~ of mnruh of Syitkr-Mm.. Htre's ll ro go inrn til the Arla. thing. ex.::ept ro tell you this, whid1 w>u ;~bane
""'1' Tho ""Y Ditko elm. didn't 'l'pW ro mo. I tbou!hr hU >tuff "" fw=; When I wen~ Mmi.A put out two kinds of boob. He w:u-
"tiT niff, yo~:~ know w~_l mu.nJ 1 did like tk -.ny John Romita drew, putril.g out c.olor" comri'. l.l'ld. he wu: ilio going ttl put our bb.ck:k-
whidl ~'very pretty and B~ and so on with t:.br: figu:ru. So at thu wbite comics like WJ.l'Ttn ·md M21"Tel. Na-N1 I k.Dew nothint; UJout
time I did rt.lot of my dznring in t:be ~ ;md 1 wu duwing u~ black-&-wbiu corniu, right? My on1y Uperimce w~ in the color
John's; direction. Do you :ronell'lhtt those <hys:? People would c.'ml.rnent ~cs. And Jdl R.oria c;;a.me from War.ren. a.nd be: knt:W nothing 2hom
tbout it. I lhink-my mowing John tv'OJ' piuure: I W'il$ dnwing.
Rli John vay quir.k!y heoome ;a soct of infurm..l._ ns:imm IU't d~Rctor to
s=.
LIEBERl So I grt ,JJ cltro.gb with • Spidc-M"" ""'1' .00 I bring it in.
awl Stan loolu &tit and laytt. ~like iL Ir's got clw.nice u;f:y fed that
Ditko had!• So, no mana what J dn-w, r.hae wu 1lot of fnwr.ni.on. I
wu trying to get nny from it. bot I cot~kln't. Dicloo ia his Cl"a'l'' way U
~ yery goo<. but I j= fdt it.....,., tho lind of i!n.~ >w.ot«f
!0~ .
ftT: & gOod u Ditko wu a.nd is-illd J'Vt: bc:m .3. bis hD. of bit $lnce
IW: CqJ~ A rom dtys .It Charlton -within s.U- montlu ~ Rom ita ,,
l=mo the utin.~M"" fim1ly pWtdF;ml4<ci< Fostri.o clo.. It '
had bun gndudy creeping up in 3ala, ;md [t might b.•e 'berome 11
tmder Ditko, but tt wu o~ #2 unril. Ron:Uu. rook it oTtt. H~ had that
gcAdcn touch. Earac:r, when bed a ken oYtt D.ueckvil from Wally
Wood, is h.d WmntJr .bot up ro bo MMW'• bat <dkr in P"""'''S"
t.eriTlii.Johndidn,tltue .-.much ann.rty:lc: by the'6Ck u ~he'd
"=doing JU. lulf-IGmy. lulf·Coni!f G.f>""" """'*";,the '""-that
nyle: h.d. $0rt ofha:o, washed out ci him doing lov~ comics d DC-bu~
b, dr.... du.rn•ticdy, he rold • put stmy, wd he did pmty pwpk
And tho ...don ....Jiy =pond«! OJ th.<
UEJI;ER: Yt;t, he did ~~ peoplt, be told a $tory, ;md 2iso hr, CQU}d
work. .n~ Stan n:ry welL He k.n..:w- whar: Stm w;mted.lie ~ vtry
good. Arid he wuiruoy uta. fixing up ~<rybody ~
ll'l! By the .my 'roo, a!"""'" Mmin Goodmm lurl oold Mnwl, an<l
in '74 be. rurted bU own comperint: lioe_ I know you and Sun wen
reltt:ed to Goodma.n br roarrH.ge. ·so of CO'U!le you'd known him fu«-v-
tt._ How did you l:(lfJ)C to work for- Goodman u his new comptny?
PH_P00005396
MARVEL0018171
CONFIDENTIAL
JA687
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page195Page
Filed 02/25/11 of 301
12 of 15
•
~lor couUa. And Martin uDfonuru.tely put Jeff in durge. of all me. Chip?" Now, I ga off the phooe; the hun't told me wh.tt it'J about, but
rM ia eh.tr~ of the bkd:-&:~white boob.
oolm col'tlia, utd put 1 figu~ "'I bet rh.i, l'll(Ul$ they're 1oiog out of bminrsJ.• So I start get-
·~ very nervotJ.J, 1.nd [ &0 ~ io the jury hox, :ux:l a po~ iJ ~
R'U 'flnt .u :1. bacltWMd app;rou:h.. tifyin~ 1nd u he rtalt4 talkin(. rm so yanld.y about going out of buli-
UEBER! h W2..li: ~ unlormn11U- thing. and bukally 'Wiu.t haf,.pmbd ~ nesJ th.t I think I'rn &cine: to acram. I jusc 1-e:mt:mbtt being ther~
.rfw: Jeff~> boob dJdn't tum 0\lt M wdl, thlnkinr;:. ~ don't want to ~ :lind cause • mis-
nU.I." And littrt" tllOUgb,. 1 wu. right. Whee I went
R'D :But th.e:re S"'Ute wen a lot of them I baclt there to ott Chip, he nid Aclu..,.. ~oing
out of busineu..
Lil'JliDl: Yu. And, "you wd,
MWn bl"' P'Y high~ KJ', Maybe if they lwl just 00.., [.,.tid" and
ntq, bec=u ~nobody nurml them ..long. But they ttie:l to e:nltt" the
would work for a. ll;e'W tad unpto"n:Q fidd with rhiny, fony book.t: rigD.t 11W*:f1 ur.d U
''"npa.ay. a result th~ cwldn't-
R.ll Yoo i«unr, Chip [M..,;. UEBE:R! lt wu J:l'lOte dan th2t. Pot imtmce.,
G~'s-. ..bo bd lmqly 1>«n Jdf put oat ou.a iscut ~had • ~ dull
M.-h p.bli<bn-] offi=!""' • job at · CUTer. tD. gny. A zombie c::on»nt out of the
Atbo .. '" oll= I bl ootbint; •goinot W6ttr. AAd whtn it wu rotntioued to him
)off R..U.. but I jUJt bad •f..Jinr th.tto t:N.t t!tH ~.dull rovtt', hit IUICU1ing wu,
mp intc tho middle o! thu aiructim -nat'c 'l'fhy if1l sund out, becrute .U the
would be mare trOOble tbm it could poui- boob = bti &brly C<>loml ;, tho """'
bly be worth-OTtnin theu.lik.ty . . - :and if you have oae in gnty, it"R rund
that Adu 'IVai: going to la.rt ~ than,• out." It didn't vork out tb.t way,
y=<ctwo.
PH_P00005396
CONFIDENTIAL MARVEL0018172
JA688
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page196Page
Filed 02/25/11 of 301
13 of 15
PH_P00005396
CONFIDENTIAL MARVEL0018173
JA689
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page197Page
Filed 02/25/11 of 301
14 of 15
Yorkshire: ~r.
PH_P00005396
CONFIDENTIAL MARVEL0018174
JA690
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-32 509510, Page198Page
Filed 02/25/11 of 301
15 of 15
:tround wilh 11. wry unth-not ju:r ;m ord.inuy •mile. bllt s. rUry smik: .. wu just betm:.
:uuf Muy Jane, who loo\a.11.t.. .. " But ol. ~we've onJ:p r;:ot one pic:
ror~e dut I am dnw in my one ptnel. · And I had to face things I lwln't fued u an an:W. in thou ytUS. I'ye
~en studyif1t. I took up Anatomy, I rricd. ro r;n.in tnysdf to 5ce dm.e-
R'n Ar lt::~n you've got lh.nt p~ 11 dry! M.ry Worth a few yw-s "&0 climemionilly, w•tch I h..dn't been very good a My connruc:cion I feh
w nvo. and now then'' .n.othin!; in the smries at JU!
W'e11t wun,t Yuy "tood., tnd .so o~ rnd a:o on. I w-u looling 11t W work a1
other :arti.ns, not only Bon:e:ma, but Kirby md. Gi1 Kane and thU one
UEBER.: I like the stories, and it't ch.nengint--l'm jl.l$t gluJ it keeps and that one ... and it'.i ~ a corunm pi'OCtU ollwn.int. 'Whic:h JnAyb-e
go-in~ JO I luve work. . is OJK reuon I can~ doiog it. II rukc.t; it lnt:erestin'- I kap tryiJlt
new m~ :and new this- and new tlw:t:.. •. to o-y to get bettu. And
ItT: Sf!irkt--M~ttt hu been ~foe aboat twenty ya.rs now.11K}r
should do moce co~ectionl of the strip. It's ant: of me r~ 8UCC5S sto- roarrwhlle I've sem rh-c whole fidei change,. two new gentntiom from
ri¢Q aniontl, dramatic comic strips in recelt yem.. They trkd bringing <b. peoplo tlu< I know.
bu:k T6TT)' .and tbe Pir.aa ..• Zorro, ... TATUJ:. ... :md II01lC of them ~allr h's interesting. btt:twe: wbM I look a:t l<m)C of rhe CUlTCDt ..n,.lhe
WOTk<d, b'f IOmeh..., Spi<kr-M.n dod Do you dUnk i~• dw-xta-s don't look. like htiD'WU to IDL. The &cu look trlQft like
pudy bocruoe of d.. emphuis on P= Puko'•lif<. lhsigm ci f:tcu drm hca.. Yet, if yoo take a page by the mw artitn
"-"" ol"" oup«-h=io? tnd put it up tpinat the old uticl:!, the new page loob a. lot
LIEI!EL M<ybe .,_ Suo .lou put a lor of dm men -al.in l.!ld lnre:rening, i.o .. wa:r~ and the old pt-ge }bob
dull :tnd old~Whicmed. To me, K doer, l.f my rate. So it's an
in th..-~ Th<y'tt alway• t4/Jring """"Spidtt--
Msn, b-ot tMtt ·~periods when: th.ere's a Jot inurnrins thing; !h. wbol. wend hu <hongod, ond I "Y•
of Peta Parker. N. a nu.tttt of fu;r. one of the WWh.aJ km I ltill dnwi.ng for? Wh1t m1 [ tiJinc to leunf"
"""">bout"" ottip thu maku it ,littk
hud ~ betlu>< th='• Potu Puka md M...y
It':~: ,;t]l p:used me. }['"J; all gone. ...
lm Come on, Ltrry. yore can't end on rb.tt note! Doing
Ja:n,e. a!ld ro he's -nitin~ it lli a. ro~ "Dmething iVCCe!Eifully for thirteen yean. y-ou mun hne
ruip ... yo• know, clx pretty gi,-~ w good- !=nod romething.
. loolci.o~ go.y .... and then it t.b.ifts to the.~
and Spider-Man. It'$ not jwt a roper-he:ro LIEBE.R..z Let'11 put it thi. ...,.y:
Now, when Snn uks
ruip, iU1d it's 001: jtut a rorn:mcc strip. lt'a me- to dnw :50mcthirtg nc'IIP", [don't ~:au nervous. I
both_ • 'UKd tony, •ob my GOO. how do I drnr this! The guy
RT: h mult have the .z:Wrt tomb.i:urion ro }un-
;, on the wall, ODd ho'• doint; thi:, and he'J tlw, md do"<
b.'• =rying Mvy J- ond. .. how tho hdl do you. . .1"
kept ~for mon= than two decades. And oowi1'a ?I do i'l:l rl figure it out!•
LIEBElt: l think so.. And I try to gi...-e it ~tr I 1m Good fur you!
"""md I'll tdl yw why-1'-.e bnxd while I'><
bec::n doing it. Goint: back to when I worked for Lll!BEII.I So, I f..! mon:<OU!id<oc Also, I 1..!
- Shooter, and he wmtrd full seeno-thnforud me clot.tr to Stan ainOe l'n: been doing Spidc-
to try to gro-.;o u ..n ....bst. It 'Yo'DI:r"t a quescion Md than I "WaS ·bctore. in a wty.
olwhet:hcr 1 approw:d of it, o.- .dido't WIUclt io good. b=me doing a
apprmoe of .it:j I 1ud to do lt. And 1 had tb strip, you don't~ much feed-
go lxck .M re-learn pcnpeaive. Then. bock. H I 11« t !on l=.r, IWf
becu.e I wu sJo,..; I Wd, Tn. gt¢ ro - the tima tbay're j mt uking
get W... wirb thi:," "'htther I wu for a 11ketd:J. or an Ofitind
doint; lb. H.O."' S~M= I daily or a rignattJtG.
,.;,!, "H""' <b. hdl do I get fona?"
And OM day John Bnstttnt g:an i \ But St>.a iqhe ocly
lecttJJ"e • Marvd. Comics on "How
to Draw Fll!L"' my who
·\ one and iflooks
:taff,.ully I 00 "
ooything good, he
Rn He .twuld """'" •ppretiaies it. He'll
UEBEl<> So I took now_ and john
bad o w!w!e bw.ch of o<cp<. L,..,. I
.\ ~';';:.:;.~say,
. must ve
7
been hard,"'
e\'~ went ont: to hn hous~t, uld bt _or: he'll ny. "Gee,
5h.owed rn..e. Wdl, l ~'l: koow if it , ihu'sa good expreo-
hdped rDC. k)·draw fwrr. but it -:.- · !ioi:l, you'-ve got OD
hdped rne ro dra..., bam; and to ::;ec U..t pi; you ""!ht
..nut mi;tales 1 wu mUint. John . "' he di=tinj;
uid, -rhi.! isn't bl>w you dnw- mO'rio, ... or 'ome-
tbi! is how you drnr- /4"" There \ <bing like ruL [r,
wu tlot in the proce$3' lh:at hdp«< been & nice w-orhnt
me to draw- with more-~ it 1 <dationship
t.l"r}' lm-lm in a photo app-arently
I .n th= 1'<"·
\~
from f 11! '7es, a dect~dl! when iM
'I.ritH 31sc btc<!me edltor·m·c:fml"f
of the she>rt!1H.:d A1!as/Seabeard
e;om1cs lme.
PH_P00005:>96
MARVEL0018175
CONFIDENTIAL
JA691
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-33509510, Page199 of
Filed 02/25/11 3011 of 3
Page
EXHIBIT 30
JA692
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-33509510, Page200 of
Filed 02/25/11 3012 of 3
Page
1'hie et01'7 ia told in 2 chapt~a. Chapter one is 6 ~a lc~. Ch:lv~C:" 2 if; 5 pecos. ~
/
~ .
!here ere fcur I2&1D ch3.ractenu 1) REEl;)BIC!!Al11'1S. (It-. Fo..ctO!ltio) lb ie JCUD:l, henrlecmo '
sciontiot. Ls~ of t.ho tour. Inve::..t::. a
··apace ship to go to M.ars. Ho~a to be
tinit man to reach Hara. · ·.
.2) SUSAN. S'roE!. (Invisible Girl) ~ £s Haod'tLSfrl friend.
, :. · · · Shs'o-an. ~ctro~. 13::[!::.-.t.irul, gle::orous.
3)· BEll GRIMM. (Tho 'r~) &n is ~ ~~ bwtieh SU7•
Be's a pilot. He tells for Susan also.
4) Jomnvr S'l"'mt. (H'WW1 Torch) He io SWU!tl's Jrl.d brother.
A teen-osor• 17 Jeara old. ~ school
star athlete.
Stc.ey might open up with a meeting ·or fantastic Four. Aa meeting etarts, caption tells
reader that. w will so 'bae!: a fev weks to see bow it all began ••••
Reef! Richa.rda tells Suaan ud her brother Jo!:m:oJ tbs.t b1s space ship is !inall.J completed.
Be hopes to be first IIBil to Hare. But he 2Weds ~ pilot. t'he7 hire Ben Grirm::l. Ben 1e ·huge,
sur~ o.nple~t gq uha doesn•t -.nt ~ psrt ~ot proj,~ct U!'J.til hs ssaa su.eao. He falle fez
S11Sa!lt and. eha ~.o to coax him into l'Jiloti:lg ehip. Ben ia cra,..km:'jtu:!; pil.ot 1 e:-tt::lr
hcl:l"o.. bo.Gt pilot am 1 eblo •.
Aa th4t lour e.."'D about to besin fligbt, they ere varnad again:lt it ~authorities. ~old that ~·
110 cnoJQt kr::n::a vtat effect ce!::Z:ie ra'31J v:Ul h:lvo on lmman bodies sc taz- ~..1t ill &pace. But· . .',i
. rthel decida to so ~· by tear tl:zat if the7 dcn't go, -&ada =-1' beat us to it.
(~: At'~ nto tha Cc;::;amists IU'O ~sresdllz in sp:u:e, IIL!lybo w better ICE!ke this ai, ) • ~
·.. ·.....: \ fUsht.to the-~. inotead'OI.:"~ to Mars;··becauso by 'tho time this mas goes on·· .
sale, tho" t:ilt~daz:ts WJJq have ~-MADE a night to MareS) --~~
So, vit.bcut cl~e f'i'= the authorities, in tho ·dead of nieht, thq take o~f for tho
~~~~u~w~~~~· · ·
• !"'f.
In a-~ce, on ·~·to tlw stars, POOOi'i ~ a%'0 bc:borded b:; cocic ra:1a which penetrate .
~
the ship and vbich affect ell tour ot ths cccup:lllts. The7 can't ecntinue the trip- h:lve to
turn back- are luclq to l.and alift. B:lt the7. are all different J'JOv- the7 sensa it- al•
though ther don't yot quite knew HO\i theJ've. ~d.
SuddeDl7, they can't .see SUS3%11 &It the7 lmcw ehG'e tbero~ They can HE.UZ her. They rea.lize
she b.&! OOC:J~A invl..sible. J:bs -e:-.D cct be{,i"folidV r...aible again. tater, s!:e will l:nq a mask with
a f~ l!hG the =~ eho had ud eho rill have to war that ~t e•vh:e.A:J in order to be
eeen.. Her cl.othea of CO'tlrSO can bo e.eol'l o so it is c:lly her flesh th:lt is i.nviGible. When w
tate~ her clotllos off, C9 •a =;pletely iJ:lv!..ai'blo. (I hope th!e 11:011 • t cs::o to c~ in ert :
"'rk. Bottor tall: to me about .:Lt, ~ Jeek- maybe vo•u ch.wlge th1e ~.....m.ic::k ~~\1hat).
. ' '
As tor Jc~, sus:m•s brother, ~~ b gets e:cited, ho bu.rstc itlto fla!:lo. &e:=~s a
RU!Uin Torch, 4Uld caa a,-, ao hie bed:' gots lighter than e.ir. roT dooen 11 t laDt for
5 mimltee. At end of tin minutee, his f'l.Bme goca cut and -hG becomes no~ aga1n, untU he ,..
=.ro
than
pta e:c1tcd again. t=.t ca!1 1 t tl~~e on fer e.t lea.ct S mimltes after hS'a gotten be.ck to ~-
~. Cc:::!e3 Ac:=...:!etic:l told r:3 !'!3 ~ nove:' -bll...""tl ~:lO tdth tl.ai:S, to te.::r:~ c~ a..Jm · :.
l'Opoe, c!ooro, otoo~Ve:- peoplo. And, ho eamJOt toss t~~ a.c tho old H~ Tc:reh ~-.
ceu:td. His Mszest ~t is that ho c:m ~. · ..)--,-~;..
MARVEL0014587
CONFIDENTIAL
JA693
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
65-33509510, Page201 of
Filed 02/25/11 3013 of 3
Page
·GOPIED FROMTHEAMERICAN~C~~. ..ot.·v.~a;9:1fis·!lifA~MA'{BE ·
RESTRICTED BY UNITED STATBS CIJlt~LAW\Jr"~tiim~~~BTirlN - •
. COPYRIGHT. APPROVAL PRIOR TO
. QUOTATION. OR
. PUBLICATION.
. ·
Tb.cy tlli.n!t ~ed Riebardo, the p1lct, ·i.e ~f.foctocl by cc:;:JiC rayc, ru:1 h.o eoe:.::s ce.n:.:::ll .......
UNTIL ha trieo to reach ta: so::otbi.ng. Then thoy reaO~zo llio c.rQ hno STRETCliED toward +~
thing ~ reached for. After a \!QUo tho7 rea.llzo Reed • s body has becot:Io like ROBBER. Hl )
can gst -~, eloDo~ted, ~hil'l8 that you can do tsith rubber. He can aqueoze thru· key•
holes, oto. Ot ccurso, tho core atretchod-cut he sot::J 0 tho wcol:or he gots- b"..lt the point
. remain:J that ho can twist and strotc~ his body into llli:Joot ~ shapo. (Eo can even alter
the appearance of his face to make h..ir:soll look like someo.no else) Blii' it is quite pain-
fl!,_ to do ell this, so he can only mai!ltcrht the atnmgo ~h~peo tor a ~ery .5hc.r\ period of
tili:a until tho pa:ln gets to bo unbcaroble e . . ... '
Fimllly, Ben Grimm stopa out of the shadows. 'l'he7 all gasp-- his body has changed 1n tha ·
most grotesque 'fla1 ot all. Ho 's. sort of shapeless- bB 's become a THING. And, he's grown
more f'antc.aticall.7 povcrful than any other living thing. no is stronger than en elephant.
Btrl, ho is so heaTJ thnt he moves vecy elovly•- he's ver; ponderous, and tho~e slow, pon-
derous move=ents ehoul.:d make hi!:2 look veey dramatic. He cannot alter his appearance as the ~
others can, ao he _IDU.Bt war a coat with turnod-up collar, sunglasses, slouch hat, and glove
when he goos out iJ1 public~ But when he takes •em off 1 he is a THING%
So ach fer who thq an and how ther got that VB:/• Nov, here's a gimmick I_ th1l3k we might
plef up to advantage I !At • s make The 'rb.1.ng tru,. heaV7• in· other words. he 's no~ ·reall:r a
good guy. He's part of tho ·~ Fantastic Fotir because they all got that ~ tcgeth~r and
ther decide to remain a team., end eleo bec::1:uso he
hac a crush en su.san-- but actually, h3
is jealoua of Mr. fantastic and dislikes Ru.ma.n. Torch because Torch e..l~s sides with
.P'ant~tic. ~ Let. s treat him so that reader is al.ways ~raid he rill sabotage the
.Fantastic Four's efforts at whato~ they are doing- ho ien't interested in helping man•
:kind the 'tt1a3' the other three a.re- Jut is more interested in wimlirJ.g Su.:san a~ from liz::
·Mr. Fantastic •. (Ve aright indicate that he feels· ~e may return to his normal' sel.f at any
.· time·, because nona ·o;t th.et1 .k!:.ott hov lollS their stra.Dge pewrs rill last- cr whether Ol ).·t
the eft"eot of the cosmic rays will one day wear off thee). . . , . .
~'IX3t the four ot them decide t~ ,form a· ~ tmit-- they think it i.e z:za_ an act of Fate
which made the:n as the7· are and they thiJ:ik they 0\1e it to fato to uso their powers to
help manlrlnd. So thq adopt their nev names: liU!U.N TORCH, MR. FArlTASTIC., lJi'?lSIBLE GIBL,
and THE 'l'HI!l'G, and vcv ·to spend their lives fighting all eorts of evil menaceo which the
·normal forces of tho world ca.n.ect cope rlth; lr..d, ··to keep it all frc:1 gett~ too gocd,--
goody, there is al~s friqticn betwen Mr. Fantastic and T"ne Thing, with Human 'rcfch
s1d!J3g with !(r. F. Also, the other three are e.l~s afraid cf The Thing getting cut of
their control some dar and harm.irlg manldnd with his amazing st.rellgth. Occaaicnally also,
rou might have the 'fbing wanting to do soccthini; for perec!l!tl profit- end the other .:5 try
to stop him. In other words, the Thi.ng dcean•t have tho ethics that the other three have,
and c~nsequently he v1ll probably be the most interesting one to tha reader, because he'll
altra1e be unpredictable •.
So muCh tor the introduction.-- the preceding should have covered exactly 11 ~es,
co:cmistil:Jg of 2 chapters. (Chapter cne1 6 pages •. Chap-ter 2: 5 pages) .
Tho r:.o:t ··two Chapters, in vlnch the Fantastic Four undertakes tlwir tirst caeo, rill~
be ~ chapters tor a t;;tt~lu total of .ll:) pac3s- ~~...:'l(.J~.s;.>.)
J . 11. . - '·' .
JA694
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page202Page
Filed 02/25/11 of 301
1 of 20
EXHIBIT 31
JA695
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page203Page
Filed 02/25/11 of 301
2 of 20
~-
•
"'~
•• i.;
:B ~ .. t
:2 .€ !! &.
~ ~ d ~
JA696
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page204Page
Filed 02/25/11 of 301
3 of 20
\nu:ll-
D.\K
,.__.rHft'fNffY
(c•w•c
TERVIEW
Ill/ W/1/1/
ll' I· IHJ,~T
' ' .\.\1 IJA~( fR \ 1',' .I,,\ I ,J 'I 'II! I •>dlill'd J'
\lchtriDne 11!1 lo•dd'J \1
\ii.ot1l,) t..IH\11~~ t•HI\c'll11<lll !lid ',\hich
...,;-tlkrup .. t:llc loti .1 ld\ d •t1r :·_·t
\IR Hl F I > I\ /Ill I I IU I I
' <i·. I ' ill "II -...,!,.Ill lei \I, >lllll;tlll I 'illcC
\I \IUN.\ ~'d;U,',II
·ill' :1/<"Hif.llol ·l•"lltill t L llll1<: 'n \L,n,
'!(/,;·ud.<l•o ,lL •·1-l -1 Ll' I
I ll \1,\lll ER tll.ll\1 [I _,,l, '"'"'d I•• -., ,_. ilil!l ,1\2,11!1 'IIIPI'c'l < •Ill Hl
"'-' 11:,1 iu ,·_nl I•' td lilt' tllo~..,ttw.:d
,, .1, ,,,.,,, ,._, ,,r, o;OMICS 'P-4TEA\IIl'::W ~~~ 1 ,_.I >· r, 11111·. ·<ill ,_,,f,,l!ll!JI)! ~Jiillf
·~·, '",:: '•"' • ··1 ·,"'~ li• 'H' •tn
:,,j_j·,
' · l t l : • · i "I'H.k\·,h.t~~~;ql,,p_·.•.IH'II'
'I'd
I
• .,,. · :,..,.. ,.,..
'"_.,,, J 'I ;•···~
1' ·• •rl>
... ,_.,_.,.J
._,, ;t'' •-l<ll-,, • •·I -o>r
>UBSCAIPTH)I\j!j; ;>0•.-, •,,ilinnp [-1,·11·~·\·,-, r-, l'o:l••!li-!\
'iI
r' ;•-• 11J..s
, ~~.~ _, .. ,
"-<><i1 ,JnOff
,,,., ..
~4'l
'-'Pt.>.
C•l ,r.,,-.,
'
•·1·~" "' '' '\ ,ll'fiii~.C ,,, :111 1. l<'h otl l'""l'k' \\,Jill
I J: I UN.\ lj
'II. 'l'·d~l \1.>1< !llol h,l ·~'!I
j'J ,[
!'liE I \_'-.r \.\ORI>
:"' ,j ,.,., j'lk
•J \'
II'~ ' II ! ' ' II,_.
. . r\.,Ln
I'
I
i'
):
'
i
i'l KLL"iiiFH
t-'1', I 'trginia. thne 1.t un -1 IJ(IHJ tht= hl1r1J ILI"-')l'f w,ts r~·:.t!ly Dan:Jc-\-rl, I thc..e ninja rnov1cs. _-\nJ he \hould ha\'1:-
'"'fAN LEI-:: Oh. I tl11nk they JU.\1 didn't 111 the Durcde\-d 'how. the UJ\ItJJnc V;;)\ JUcfft'lli't' < ()!ll]O-t'fll I'Wili("h/Juk 1111//
,],)J[ tlt.;ht I rhrnk I! l'llUfd work rf1t 1-nre r.:rnhle ...,T.--\N:Ot ~-,1111\c·, ,,fuJIJr\t". lr Ill'>! lla' l•l
,JoJIII.' .r little h!l dilkrcntlv. f-,Jr lfl\t~w~:r:, IJA,'\1: reub. t1 tulrta rhlfll;. /hat as 1111 hl• •f"ll< •1;.dH \'ow '-'.':th tile" I JPal
l
11 h<>f
.ill he- uil~: v.rllltht: Hulk .1n<J LMretJC\IL l t" \'J!IIpft' <'/ witut I 11 IH iu/km!( i!hlllll Hulk ~how. I tl11nk the rrohiem thc1c
dtdli't lil<.e tiH~ rd•::J "I hnth !!I l!wm /7rl:'r'rl:' ,/()[n!f It, hut ft'\IHin~ II ',\<IS that thcv Jll\l cha11gcd 1t roo rnud1
l.nrJI~Itl)!_ th~· (lillcr\ 'L'li'L'! Jckntrty l'l)<ht STAN: E'(;__L\,:tlv. One rll !It~ th1ngs I t11IJ f he\· JJdn'r du I h<lr the '.\a\- he ·,htluld
l•~.r\ .rnd the ,o~tm' 1\tlh thl.' llulk <ifld thun .tnd .q,:.un. l .r con-.ultJnl .. r'>
\\d' h.nl" h<.'~'n dune l hllr 1\ '''rro~ed to~ hL·
I IHlL \<dl l.._.rlolW 'I hc·rc ·~.ll'h <HW knt:V< \OU ~nr JW, \\hen rou 'rl' .t c•Jil>lllU nt. \ <'IJ l"rn lt'.lllt: 111 thllt~ t1l ill'. nank !
dh, <\il" ilther -'IK ·,1,1,' lr .. ~,,1i1J h.n..: hut nr1hoJv h;J•, to 11\lcn
•.. !llt,Jik lluld J) \'I: !Jr. /!1111 Rluke.
h.:o:rt rnrl,·h more dr.trn.tiiC II Dat<·dnd ~hem ilut the !1~ht ,,;crt<:<, \~L"i'l' t,-rrlhk '"'L\-\1: !idm;hrcr; llr HL!f..c· ! l•\f!!c't
11n 1 ~II<-''' 1l1.1t llnrd ll:illih.'fl~.l'ic·,tll\ fk >\.\"1 ll_l:(hllll~ Jd,c (huck .\lnrri""' lrl..x llklt n.ltn<'' ''llll'lrn',,_., li1•1 till'\ 'il<t'k
;ll<· l!·rlk "d H.ttlll':l .lrdnt ~nrn~ tlut ArUi:t: f r..:.l1kt: <~II\ h' >th \ uu \Ll' 1r1 "11\ , .t 1:1111 ,.,"1 ··p.n.trl· 1,,.,rr.: 111·1' .rd ,.1
HI<~~,· illtrJino: 1111" Jn,,r •1\,·\ h.1d fir
Ill. ike l,li~rrll!l<l I IHrt ..._, 11 ·.~ t•n't '' ill'.
II If i !Hif f[t(\ 'li.),I.Td )11:•1' i''.'l ,o,ll·
d.!\
I)\\(; !(,,' it!' ,, .}\)) IUt!' ,f 1/, 1/, /!I '
,, ,.,, I .ui rird/ ,,-u/
. ., r \ 'li: llu1
"' •1._!1)1
',U,'I <1 1 i
,:rrl r:.rr
7? interview JA699
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page207Page
Filed 02/25/11 of 301
6 of 20
JA700
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page208Page
Filed 02/25/11 of 301
7 of 20
lr\ ,·.1\\ lon llll' to Lltlt~·t;c hii! dtt''< ·.lrl?hil~ ddlcrL'I!I •:llJrng I had 'l'l'l\ thl'
.trc l d \ ,JIIIktdt t<~ <I<~ Ilk
tiltlli-!'• "IW \C fl fll l 111 tiW it'\ hl<lll\ .• rnJ II look' flfl'!l\
,r, • 1 J'.~ ".<k d<>tl 1 h.! I•_' tiLl( i\'oikl\ ],tll\d- thin)< thn d:d httng !u h,1rh , ) ) d l h ,,,,, .r~<>"d 1" rnc \nJ I hclinc .111~ d.l\ 11"'"
·1111 \ ·.~;1/t tJr,_·rrr '"llll iiliO.:iii!2CIKt' .llld ,1'111\' dtl!ihlht<. Ihn ll he il<':rdtlll'( Jrlr Yllgo,l._r \ r,r to --.h,<l!
I ·r 111<' 1'1>1 rllL'IHI<lll, r!r<>w.dL rl '.drr'r,; \nd tile\- l~t:r<-'>hUI\., that ,tn.tdtlll ,_,,,:Jd i)ltl-.,l' 1.1>1 •L'Cl\C' <i\Cf ,!~.!!!)
'/<>1!1rlld '.\rtkthr' dT.tl I d<•!l I \~dill In \~.tkh I kif th.tt lhitHl\ u•tdd ll.t\L' ho.c'll 1).\,'\: I th111J.. thu1 uught I•! At' u t;r,•uf
"~<rnd !!I,,; I'm krH~< J..rrrg riJ,,,.; I\ J<l!ll! Ji!kr<:ntl\. h11t thn lll'r<.' >tdl.t hdl {rn t<JI /'llf\/111 1/llt'I/IPII. Wh11t do J /)
l':<>drrtll,'ll~- hn.ru~··. hi .rnJ brg~·. th<:\ , ll <1 io I( IKI lcr I h:lll I hn llli).!ht h.t 1 L IXc'll ')ilitnJ:t'r !tf/J {'upft/111 lrHeri/U hu1·,, In
",-, •: . . rr',l ""' h rnh.-lia'l'iH h d ,,ne .tllJ •hL·~ 1).\ ~: I ,JJ.;fet' I ,/(J!J I "dt/1 /(1 lillj>lt· th<Jt , d!lll/1<111 ' \u 1 uu /1~ t'd tht:' H fiJ>I'
:Lrd 'hllll\ tir.rl '.\c'll'll I ,dll rill:' I 11 ere rr•rnh/1 !>ud It Lid\ f/ill J hule .'- L \ ,~: It \\ ,l\ ,l gor~d ,LflfJ! "ul...-, '.\<: h.nl
/)\,";f,fl:f<'l' lfvl!llif.. /hor>/lt!lll'l;'l!/ ,Jr,,tf!pt•l!llill!{ \oh, 1he ( 1/'fl/\ .tnurnhn ol prohkm' One ul the rh1n~
1/J/rr/1:' rhr.•l•t:h the n~<l/ I \ff.IU£ I ntoll'lt'n!!t:\1,/,_;!w'' h.t[lp<.'fil'd l~;l'i th._rt th<: \l'rlfl1 V.;t~ \ll
IlLII
... r \,"''j'; \nd flill flixhy. \\ hn ,lrrt(tteJ ~ L\.'1: ( \ p r ·\I" \\11- R.l( ·\I'> .dmp,( ~·'•JJ
.JnJ 'u rt<.:h .tnd thedrr•xtor.. \l~n
i!krn ,nd l;t•rry DiPe!!;o. 1\h,1 '.\llrtc ltnt.,hc·d liltHkr-.tdnd tho~t 111~·\ ">~:ttll ltl Ppm, \Lp ,n 10 J,n'-· ~~·1th llw ,urpt lh.rl
henrmr-\ favnrile
~rt'en;')!ra)' la·ht'ITioth- I ht-
llulk. h}' Frik L:uwn.
i' <
j I
•• 31 JA701
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page209Page
Filed 02/25/11 of 301
8 of 20
1'1 Hll'->111 k
•
"CAPTAIN AMERICA IS almost finished.
!
'i
I '
Captain America (M111t Salin~;:~r). with his hullet·proof 'ihiekf, r~pr~nts the bet of mankind.
twld!llcdnnythlll!; /\ndb\ tiKllrncthr -"'L\1\': 1 h~·~ tldilllll'l_'> lneJ lo Ju thJ!. Human Iorch. v,hom we h;td •>u,n~:J
u..a' ,]J,,t rl r.rrl ;rhtHJl thfl'L' h<lllt\
!Tit!\ I(: .rnd r :hrllk H ~.Jr(l<.: .J<..f()~'-, I tinnl. ~Cfllt >c:_IJ\ ;~gn ou1J wh,1 l~il' L·reatcJ hy Cui
\\'dl. lh' lmtldn't il<tlr 11 th;rt lt•ng_ "'I! Paulin, thL' ,tL'llll \.'.hit ri:J\Cd Red .\~ulf. Bur~:m;, tcrt,unlv llaU .1 untyw: fJ<JI-\-!'f
h.1J 1<1 gu 1\1 th( cUi! II\)!. f<l<lill \11d h\ I' !lr:t!:!r1litLciH I Jun't I hill~ II (<~Uid h.i\C to he <Jhk Ji) htrf\1 rnrn Jl;_rfTlL' Jnll Jh
cullrtig .tlmo~t.rn It ntH .tnd ,, h;JII 11111 ul hc~:rr ,June hL·ttcl th;l!l he JrJ rT ]1 1'>.1.., ,r I hen· haUn't heen '-I 1-irnn.Jn lnrch lor
tL \.\<' !J.td ;nmc·tlnng th.rl \Ll~ tllOJ<' )"\ (() \\ ,tlr. ]l \l'<il\, anJ f lrg_un:U. '·{,ec. kt\ ~L'l tlicrt
lragrnr:utcd <~nd rr<~t .r-. 'l!l(H>tlr ,~, H D-\ '\; I{"H d1d r (1/1 cot!/<' ltJ' :•lfh 1hv1 ch.Hactc:r :t~Jtn. hut I U.tltlld c:harrj!C hrm
-,il<llild h.nc h<..-vn •d d\ the ,.__r rrt h.rd "nwn "ill ,(!!lilt', thut-.:' llltr rn·111' and m;d.,c hrrn .t t{'<:tU~er c~nd he'll he tile
hecn I \•,·r ,r11~·1..' rh< r: till'\ \.C h·_·,·r·, { l){if<llli lni!'IH fJ Ill tfr<' l'int f'lrict', hrh ~ hruth,·r <~I rlw grrl ,tnd \(1 lunh. I hen
ll"t~t11(2 fltf!hl .rrHI d;l\ In <~dd lrttk hrt' lj /ir'l/ Iiiii h i'fl' ,;,,,!! 1/ 'I All· HI I IIIII\\ If\ .1ltn 1n· 1\tl<' rn rh,· ,ntnf! <'rltlltn).!:-.. ''' t<l
d i!d I< I '!l)<t<Jiit II <til .<lid JTJ,I ~ l II iH >I ,Jf'tll\ /I ilk <Jn,ltt, lllirdr,,l,'!!lt nil>r·ra/( \rc;rk. I tlon't r~·rn.:nrht·r 1,0,h1Lh J\\tre ul
'<'c'll) ~~-I k\ iw"Hr~: <ililrl r:rrtcl/1.11 1\<'1<' lit(! I( t/11/JI~' l•1r1 I dln,It 1 th•'ll,>:in rh,, the· f \\f\.'->11( HH R 11 \IJ\. hut I
··IiI J 1i 11.1 I< , ~ .._,' 1 II , .r II! til IJ,r I d I c •I lilt- I' I /lli/11 11/d 11/ (Ill!< h11 J.;li\1' II <l 1 i'{/rJJ!I thought. "\\.-'c· w,·rn 111 h.r·,,· 'UL'l'l..'<.'d<.·d
/''''~'IIIII,!' ,111,i r,,/i/i ,,,;,;,,,/ oJII ,•,/t[f' ''' 11rdt till.' Iorch It \llllild ht·lut\ tn hnng
,p drill.! I <trd · II .rl'.llfl Hrrt J I•.' -,trll :..'PI rl,,·, httlol/d h.td.. th,· \uh-,\l.rrlfwt."Jrhrn~ rn th<.·
Ill\. l!liJ--'<'1·- ~r, d It '1.1' ··r wrr,.rill, I .., 1-\ '\: \\, il I'll r,-1:- "'I '.li•o~t li.qlr'L'Il<'d DAr\1: lhtrdnr 1"1111/J /11/W, 'l'lllr'II/Jt'f,'
til: ll ~ d Itt!<' " I tJ11 ',\.:I: ,I ,, 'I '•I ~( ., "' \\ •' II' I,. ;( dillli~ \! ,!J I l \ { !'lillc''· .I ltd \\ t: fiAt' fiJ,II
1./ldl,li.'ILii/dltdll \t '•i,:flrdrt\\l(lrtlr J \\l\\11{ ]()! ){ SJ".\'i: \<Jili<.'\lih'rL· 111 dwrc \nd tiLrl
,, I; pi II II •"II I ;t<' I o~rrd\I'JJJ)I\-\1\'-,.rrld I!!! /II If.... 1\(IJ~<.·J J h\'11 lth<lllf!hl "\\()tildn't rt h,·
f)\'\: '"" !h, .•r:d .Iii "I llr""' I tl,rrl~ -.liktl I cJ,d _c:Jc,Jl tl 1-\c l1lirld rn<~~~- ( ,Jrt:rtn -\mrtK,!
J \ \ I \';j)! fIll){ 11!11,_)1 \~.1' lip_ rurrrl;!! ,!)C,tltf' .. flt'l',tUV' ll'-L·r thl· \Cdl\
!I, I),/ I :li/f> ltl'<l rtr• / ,J, cltl• ,I I '1-r•ilnf J,,lli II<: l1.nl 111<-J In h''!Hrnr hrrn. :1nJ he
rl'iiiJII'',; \(I!
"f\" If- E
J1 radl'rJt/lugt'.
STAN: Wdl. 1 t!Hnk 1t'~ H:rv rer~·ertl\t'
oll you to '"'t' 1/ut. hecatL~e tHW th1ng I
ilw:Iy~ trleJ 1<1 do 1\-:1~ t.1h thing_~ that
~~ere: JJ~aJV.Inl;lgn .Jrld trv 111 make d rhe RM Skull. pnrtra~·ed hy Scott Jl>~ulin. Is the human f"mhodlment of evil.
p!m out 11f 1hem AnU th;Jt U\l.'J to
i1.1prt:n tn me,, 1<~1 1n the 't•HK'~ 1h.11 ! ST.-\N: 1- \dLil\'. ,_,\.let I> "111g o~nd till' <lrche~u-a c-'illllt'~ up lnHTl
0:\~': lnJ r/1o1 1hn· .luJre 1lw lf/•!<~kl' ll<l\\ht'll'
1110\l u! the linlt' .llt..:r \It" !:'Ut >Ltrkd "Jfh rfrc re!l,/.'r 0.-\.'t: Inti IWI!idr noltet'>- Crrf'rll' ri//1'
lhe .1r11~t did nl<ht <d the [1\<l!ltng. I .... T.\N: hH l'\.llllflll'. ltllltil.. tlicTL' 1\,h .1 , ·fo>/t'/11 1
'.\<liiiJ pt~l ):llHC il ... l'.
111111 ,l IHIC·IillCf. r,tno.: ,,!J~rr I lud '-..r1•kr \1.1n "r '"111.: 'll~'d1111111 drl' ' " /1/1/rft ur f!!lliing~ tht!H'
"I ,·r\ k;tlllrt: [)r_ UIJUill .1nd 11..: gttt:'> l hd r:ll'kJ' t<.,JIJ..iil,l! tf, 111 II I he 'I I •.'l'! d nJ l!c , '•111 t'llllr•lll "' "rder tu llt<lke !Iron 111, !TI::'
h.JLk 111 nrnc·· ur -,omt'thnl~ .\nd '.~llll jll'l jCIIl Ill I <l ilK L< ,-,( liilll' .JilJ ! lliOII).dlt It lfllt'rn/1/lg. ell 1011 dr,J hd1 k If/ lltt" '0th.
,.\ n the Mll\l v.-:.1~. lw ·d prallJ<.:allv Jo ~he ).,oJL·d c,lil\ -...,, J 'ud I ill', hc~r.Jdc-r ·,.n, ...,r.\.'\1: lin. I tlunk I u111.dll l<l he
·-dl<lk >I<Hy, h-ut 11.ht:n I \1.-<Ju!d l!L'! rht: ,J IIIII. dl~'-,<,c'd IJ!,t: iiJI\
lu:J )J!o,t• lilkl\iL'\\11\l! \<l\J
rr!ll·nr~ h,Jd•. tnd I h.1J to p11t dh? ,up1 0,\N: 1l .llli-d1kl i I '"~' rlul!l.rn~ lo'U. D.\:~: r I .1t1!--'111c'r) 1~,,// rhurrk.1- I <'I 111t>
·11 '''!\' •lltcn lhl'lt: ~~<:r.: 1hll1).!~ rho~t I ,J!,un; :hu! i1111·, '!•{'l'f lt,'TI! ',unt' 1 /itJ,,' ,,,,., .,fT,u .-f,,,' I f) lH/:'J_J/:'1/t n
, n<~•ndH .IJdn·t ~~·': k. dr ,,,·rl' l•l•>lhll .,r .rlww ,fl"l'll/!•111\. •11 1'''1111 ''<II 1 ttl.,· ,)I< HI '>('11/u(/ fr .. m //{f_ //( f 1\ . .Jr 1//11
d1dn't nuke -,cll\l' <lT -.o~t:KthiiHI. //r;•f/dlt</1 1>1!/.\lr'd/1 1( 1!/ ohlll'(\ /11 n!h,-n'
lrl\fe,JJ <J) h.1 1 1nl.( Ihe.: ,!Ill\! r·l·Jra \~ d!Hl /lrno,/:,r/1 <Iiiii I< o1/1 ·"''''['!" ·,,<J!J., },"Ill . . , r \,,: \' • II ~ I i< I~~ I il.!ll' illt'flll<illllll.;
'"" l<l ,,1,11 <•l tt<li!hit'. I he rhlllJ:! thJt 1.1.-~1~ (/J,- ''"'<'I Ju,/,/r,'l i•ro,r rnr" ·'II~ o111d '1111\U; . .!lid Ill tdi ,,HI I IJ\ "ilh-
r!l,· mo\lluni<Jr llll' 1\.h 1<1 !111d •till iJ,,~.~, I t!J<'•I{i/}.','111<' "'''('I\.'/ i-wt.Jiht 1hc1 \lid h' I he lllllt'
•'l;ld l.ik.l' tlldl dl\l'!lld.iill ~·klll\.:tll lllihl' -.r.\:'1<:,/,iu~i:r<r' l'•.d,r:dn
c il.!lll!l'
'"~·,,,nd pu11k If' ·/~t·t ,,.,n, .·,ro \((\ .. ll'l'u'•d !•' J" -,j'!f>!-K-\1 \ \ .1nd
1)\~: r(}li(J/I)Jurl)lilii/!1[/Jtll ,,,,,,"Ill '>I \ :".: I i • 1r , IL, ( -lll:i<lil l\<1, h<illl!ill !!1 1'.11/:t' .1r1d
'I r/),J(!\ />1 /)rJ\ /!/'{ fflt• o /l,Jri/1 ft 1'\ , •IIi" 1-,,lll \len:Iht'm (;j)lan \I<' I il ld '.II'~ I',L::\11'
'''<'llf "II "/,-11 •I .riil' !hill'( If .1 u'l liiddlc· ,J iilc :t• o::d ; I" It 1 'f Ill 111 · ,. · r 1:1. I i, n ~n..-J
31 interview JA703
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page211Page
Filed 02/25/11 of 301
10 of 20
/ \
2! '>! l'~: nt ury. A oJ they 'rc ~urro,cJ tu do ~TAN: ll·nr• '' l·J 1t. ! 11 J~ l·unwtuu~ of!!. Stark/ 11'1/, h. rlw nun,,r , hurmlt'r'
SJ'/I)f-_K-,\i;\ \i anJ now thq 'te t<lli-..tn!!- J d1dt1't l,_n<H\ 11 \.\<lldd l\lfll Ill(\) ~IJl'IJ J Hhr ,/!d ilillilnn~ of tlr!IIH; !lid!'
!\l Culumht<~. and the \\-a~· 11 ion!-..\ !JPW h1!' thrrt~ I he lt~t,on! d1J It 1~ that 1n thl' STA:\': ),nt l.nt)\\, J l;tn 1 Tl'.tll'. duii-1
('\llumhr:.~m;ry end ur hll)lng SP!I Jf- R hrgtnn1ng I \~;,t\ 1.\rrttng ;drno\t .11! tlw remcn1hcr ))td J dti rt_ rl! Jrd till' \lrt1l'f
~1 A"\ Irum 2ht Ct:ntury b-H:h II nit I put h.,<Jh\ lllht:ll. .111d th.tt m;,Hk lt ,;;nt,·r lor .ti!L"f nw do 11'
<l n•lltct: .lh,lut 'omtth1ng tn thL· Bullrel\ nw ll l !tad 11 !luhk Jrt::Jmlnf ur .t riot. I D.-\:"/: f i/un~ 1 "I' ,j,,J 11
11ullttl(l\ r,tgl' l ) f '-UnlLI\ht·rc. I lll"ll'l l-l<rllld -,,!\"'(it'<'. llllll't 11 hl· !tHl d Iron ~l.\N: I >rd I' ltnrr~t li.t"' /t.,J .j tc:<~'-•llt
l-..11ov. 1!. h\ the IHTll' d o..:nnw' niH. 1t"ll \f<ttl !lll'l"l\ dH" HuJI,_ (If r hur Oll'l'l> I>A:\; fh>'l HI'/(' ,Ji/rl!!, • IJ(I!,f• lr'/1 tl/l•/
h<liL' .Ill ~-h,tnged I .tpt.1111 \llh'lt,·.t , .. "r 1.\h;l!clt:l tlw hdl /1/iJf/J(' ju/1 /!l:lilr',f dl< t<,l/1{('</ /1'
l,_n.•w ~"
':; But <~1 the tllolllt:nt. 1\l" ,tic putrtttg
iul.!t"liu.:t
.1 \J,\t-\.1-j)f_ \11 '.llu\1. \I till
tl
the
1\d\, \<\11
'dill\' 'lul-l
J \\(II lid rut !hemtn ljlfJ//1!'/1/ !11//Jr IF , 111('<
~hellr)·Duulll, 11 h<1 Jtln \ml11 11.1' ,,~,Ill !"I !l'<' It> du lkllrtl dltd ]-!ll !!l!l>~l/l~' 11<111 htll i'li,.JJ-. clil• It
DA:"i: 1-1/R)' f',jJ.!_ Fill 111-.'1 r,_ I llotdd tll\<l)CIJll'. l<tr the f!ll\' l<nial j/]ll'<' !hill)!\ ll.ijljl-!"11 I(·~ /ll<.llht ·,,lll
"' L\.\: ·\nd l'm h,tr111g th,1r 11,. rndl pttt I{< c:HJ\t' I don't~ 11011 )1(,11 tltn Cdll L'\t'n I\ .!Iii [H g11•.· till' j--.,,,,j, ,\ ._fl, tl Ill tlh ,(I Ill ,I··
11 tl/1 !- 11'- tckl l\1<\fl 11<:1\>.illi-.. ).,_·cf' tr.rt k <d ,!llthl" rnmut;tli<llh Hut !,JI .('> thL \;rk, ~" I ill,l• lt.r\ f;~tll<'d
I )c\ '\': r ;r,•,u' ·</]('1l l\111 l~lt!r' lilc't!l .dl 1.<>!11'.<."11 '\1adll' 11·, ~c"lilll!C ,J illllt <!:til It :!io
'-!fA'\: llut .t~dlll_ :1\ ll<l[ c<lflli,lcild )< ·>~·,\.1·.1·. "\\,·11 k(,,v l'tliLJI~· lh,,r ,,JrllL' rhtllJ-' dill ilL li'l'c \l,,• h, lltr1, I·•
!itt! 'It-it' 11.IUt <'II! pl.tll h ,j, Uti• \., he· Jtd tlto~r 111 •,JJI l.hl \1<>!1 .,,.,. It I " l l l ,j llll •tl,i\< illttl "II• I ·-t h\
!).\.\: tnd /no~r \f,Jn' //,,.,-, "<i' ru/f--_ !u I'll lqq 111111 -I<' 111-ll lrt,tt'o~d \nd I /'Lil 1/'r~ lit'" lild I ,I,'"·;
'''itld '•<•It ,•j !-,,,"-,Ill lt\t'l\1('.\ ,l) 1\llt:ll \lld II 111,11 ,\I'll l't,l" ly
"11\'\·.Jj~()'\ \j\'\ ',,_,.,, :t,_·L',d<- •it,·' .,,,.1 .111 ~'"1-i.' \r1d ti ·.\.t' t J!l. tl .1\.'.111) l'lll l!rlt'"'il., Jil \\,)'
,tlilll,' llt~lt l :)t\\ l,,tl!'tlllllc\ I' d•• 1 lt.tl ~·.'jll •)'ol ,,-,,11 llll't,-,( tip \tn) 11 '·'·" ll!idtlil.' 11 I••" ],'It, ,IJ
lltd ,If<- Jllt'\L!lll\ \\o'1~11:1; 1\11)1 \lithll.l'l ,>1\t.l\, !tlli '" 11\tll~ '\\ii.JI '•'••ltld 11 he ' Ill •\I II h, I• ·~-
\1!nrr. ''il" 11.1' rJt,-,,,_,,,tt,·l .ot !UJHil ill (II lit•, q· :!II\' Ill• 1 Jf,ll "•\"t,Jd (/1\"\ ) J\, I !111)'.)-,IJ·,.t\, l't < I I'
( ( H' But .l).'.llfl \I'.· h"f'>t' the tl,,,: !-''"-, .!. I .IIHI IIILtl ''"pld h-1J'f1t'll' '<iilll-1-lliLI< .Ill(!
D \ '\; \ur,• f h~t·, ' ' i/r,• rlunr· 1, 'II ,/ril 1•1
\f,lrl ,•{ ( • •tlllr' •I,, •Ill It' ",11 I•• rnllr ITI,tll lll\lil
,I >< flo/, 1/1 I<''< • >I/ II< 'I /i'<fllli I • I r I(' II /II I I< '< 1 J/ l, 'II tlt/,/r,-,, ,/lr,/d<;UI/1) r•/1111<11 1/1•/ )11>1111 .tilt'. ) f•_j( \1.t \ "' • ,Jr, 'II c~' 'I!'
f,~, rh,· ll IH I \/J /'/ f( I,,! ,nu. ,,.,,lon~o,., !,u, 111 Jl-· ur r!r,• tt,tf! h\.''' , •I llit'p'cticl<> lcdlhll· -llh I"' ',II• I•
!• ,,,~ 1 II <'rt' I •'II• 1 '1/1< I" I<' ul ,j '''''' !h<it !Ill II I \1,/H\ irlu)r,,/',1'•"•/,;i/t/;,·
,/i,/!lii!l !1111 <'l••h, f!•,/ ,,,,, '"' ,;,, ,. /!' •t! \!,ill on./ 11' 111
~.......................WIOM>~I[,~(~'~O~n1~i~c~s==]8~1~=zin~tc~r~>1~C~l~l='J.........~u...............JA704
~
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page212Page
Filed 02/25/11 of 301
11 of 20
d\ 1 dllf~
."' L\,\': I h,l.\e (n tc!l \Oil,! thtnk they':·e
~nli!P.<.:'> .!! \fanei becau.\l' th<.:] llMke 1t
.!II \<lll1Ch<l"" Itt' 111. !'hq.- ge! t!W\l' >L'fll'S
'ho:rc 'l'll1tthtn~ h:tppen'> 111 une t\.'111<: t)i
,qe hot)k :md n\ pan tl! wh;H h~trr•·n~ 111
tn,nh,·r :-.~o..: ut .!!htdwr hllok ,tnd 1t\
_(!,,. ~<ltng \!n ;n ttlc- guy\ dV.tl fH1ok
-liHJ 1t J!J \~tlrh u\IL
1),-\,\1; _,j /,J~/Wt' IIIJ;flllllilft'
···d:ll1!1'\\1wr:'ll"rLI:l.!d'
'1rl i ''I
',\il'J,>\!11\i c''.\ 1-!IJ\
"I I•
<
\ndl'd,,l,.
Jl)
r\:h<' Y ','.,.
1 ,,
j
"/
! L1, .1 il\ h,•d\ ,'\t t lil<PI~.Cht ,,J · i'<~' ·.1 !1 iJ,_/ ¢./' \,
. "',Ill ••d I II~ ' .Ill '')C
' I \
,, "'
'i•J( I
<il
'
"
' ''c'
,}!
i.!,
•iu; ~.
I'<" I
I
:,_.... lj ,',!: lil' iII!'~· I, 1:0
\ frl!Hn and "'Pidev, from i''"~"' !J!. Pn1cl!~ pro\ idni hv hik I ,Jr,en.
Cl) 85 interview j
JA705
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page213Page
Filed 02/25/11 of 301
12 of 20
~1\\riE •.
1•'11, ,J,fd ,,,,.1, lr r111<i "lut 1<111, ,,uf.lnr tilL lt;,td<:~ IJ(I.IIi!lk. hL'l:JU'>t: 11\ fllc(.',llld .., 1 _\ "\: ) cu --. d ~ "· 1\ I w n I '·' J' '1 dI 111 \ v •.1
•In 1/w lo·ur• llh1 ,f,, '" '''•11/\ '''!'''' c<111i!<llt.lhk IP .1111,1\~ he <~hk l<l ~llPII ~\Ilk, he c,llkd lk lid"- .Ill t.'\Lclillll' dl
/h'i•l('l hair' 11/<'r/!.i :ull\ 1'1 ilk '' ,n' II /1<1 \ lh-, ll.ll.t' l<.' 1 "· \\ lu.-1 (.' ih' lih'\_ \1 /i, > :II<' "ld ( , >lltl1lhl,l I he· II .• !ltd he ILl n!t:d I 1>
I l1111 i a/" or' JIJ/I'f<'''''" lilt' 1111,, hh !Jit:!lth Jl(. tu h-._·dhk h> [1rcd11'l 11i1.JI du 'lPJIJI R-\IA.\ I rcnlt'mhl·r tw lk11
hr'J do tllakr ,I ~1\Ln "l'l nl urcum- me litH hctl\ c~nd I me1 \\ith hnn .rt lH,
"' '
,Ju, '""
-.,1,\r'\-: I til111l 11 lll<thn 11 ~i.nlu i<> ~VI 'LlllCr' '-, wJtknh. \ <)IJ l hrlll/!L' <J H oJ th;u li•IU'e ,n1J th' h.HJ a numhn ol mcmhcr ..
lh<:nl Hl\ilhL·d Ill ".ltU:It11J(h Ji\ lilt: '>di!IL' \<Ill thrd"" 111 J v.dJ cud luu mo1c lmn nf ill~ ,t;dl 1'nl'!L' ~u·nhody \\J' "l
.t> mo't H1t!K .td>entutc \llo"'-'> on I\ hi <lll<llht·r ut\ or \ou t..dl nit one o! 11ll' l'\Lilnl .1nd ht· wt:muJ ><l hrl~ht rltHI ~~~
I IJ,- hcllll'> ·Ill' L'ilhl'r rnlrLL'!llL'll U/ c·h,tl.ttt•·r,, on<.' ol !11\ frwnlh. ur 1ntro~ IHp .;nJ ~il unJt.:r\lanJitlf,: tll 1\hat lhL·
dt:lL'di\C~ <If fL'Jl<lrtCI\. \If '><1Jlll'lh111g dtK~: ,1 IK>I char;_l<.:to:r L·h;!IJ(ter ~hdtdd h{' ·\nJ I ,,uJ. "CJh
th:tt'JJ (Jl;d,.; II L'.l~\ lol lhdll l<l (.:l'l [}A!'\: Or ruu marr1· I11m, one olthc lllo\1 lll<lll. c~r~· \H' g.rl!ll~ ltl ~tl ,J gunJ mn\JL'
Ill\ nh ui 1n Llillll'' '1m. d d )!U\. kt \ .,,~,~, dal/gr'fUW <~1/t'l oul ol tht\" ,\nd then 1Ah;ll haprcncU
I"> ,I '>nd,t jrf~ 11 J\ll'! .1\ l!ot!lJf;d fl•l hilll S'L\!'1: (}r 11\U m<-~rrv h1n1 _o...;ow ,ume- \A;J'>. (-illllrnbtd h.1J a change n( rnan·
1\~·L·l.t!tt:l \\tTL ltl!!l'lllliPhcJ (/JJI/f~h JJ~- !lld\ b..' \lt'11 H11nk ,rhout htrn h;l\ m~ ;Jgtmcnt, Jnd P~t~r Guhrr kl! f he
/er 1 Hut il ht: ~~or~·, 111 a nc\~'>PJrvr 111 d l..td \\'hat do )-OU Jo \1.-lth the l.:nP l 1\ holt- rrotl'd !ll'>l Jell a ran whl'll h..: kit
ilr \<I II~ \A'>
phntO!tl :J phcr Or he·~ ,I cor Ill n·rnemhcr >~.hen I c.ame ur Wtth RecJ .1nd /l!un~ hl· then h,JJ •Hher li,h tu In I
.t JL·t~'llll L' 11r :t mt:mh.:r u! th~: ( · J_,\ 1J! I he Rtt:h;nlh hanng. :1 ~on 111 tht· FA...,._ JIC\Cf ltl:ard !rtlm hm1 agdJil ,.\nJ no\\
~-HL 1\dL then t!\ ndtllr<d tll;Jt he'd h-e /AS 1\C HHiR_ I ,.__ud. ''\\'h;u1J I do here 11.e Jlt.'", a mdlnm }'l'ah bta. :JncJ rt
111\uh.:J And thdt\ r~;ally the rnatn 111th tho: .. on'' All thL' re<Ider~ an: ~otngto llld~'> ltlc mJ.ykc \.1,-t:'ll get together J)!JJn
' IL'..l'>llll It\ the L':.t\lt:\1 co11rw ><1\. 'lit·\ got tO hJ\C il \Urt:f rower_"' 1)11 ,J rnl_ll'Cl
I, !: 1),\N: ll'lfh .\jndt'r-.Han. rou madt' the What \'.OU!J ht~ \Ufkr rower ~·) JnJ I 1>1\N: SUJit'fm/JtJ und &uman --one of
,,
I' I 1 hun 1' to le1 thr r harr.Jt'tcr dt'l'flop, ra!llt'f llgun:d. "WelL tt1l bt· ;.-ean 11llo.C'er tht' thmgs a how rhe mol'll'\ thm lwantt·J
,I
.q J
,-._1
than rcmam JUJ/11' /1;•:\ marned no\\
I Jt;l! ,,,. thmA- alu1uf that lJ f1,1 ., !Jot'\ tiWI
h11n ,J hah~ for ;J long ttme iitld 111 make :I
ntV\Ictv ol n f:vnybody 11.dl wonJcr
/o hrinK up is thai Surernwn and
/!ulman hr11't' a ht.\lurr that 1.1 20 rear\
'L I'~
,,. /11111' adl'r.Jntugn und ,hlilthwlla!!,l'l ., what 1.1.tllfm \Uper ro\.1.-t'f fx:. anJ hy the /(JnKer than tht' .\fan'''' r·h/Jractt'n. /)o
'
:;; STAN: Oh' rm
\Urt: I( h:J\ Jl\dd\;W[.J!!C' lirtlC II h<t'l- tn ht: t:xrl;unt:d. ~omrhnJ~ t'iJ/Ithink !lwt (at·ton in'' I mt'r1!1, a/mn11
!' '"'rt .:l\-<'11 ht \1.-ntJng it. (U.wghler:) I \hln't
,, I thud, am ch;mgc' yt\LJ m;.~kc ill J
dt,Jr,lC"tcr h;l' Jt\Jd\Jnt.lgt:\, <!1)(.1 rm h;-ne to ,._orr\ about t!" _,\nd that
t'l't'rrhodr !;'ft'\1' up ll'itlt Superman am/
lJalllwn, hut tht' people 11 ho ,t:rt'll' Uf'
"'
:r· ;1lv.J\' ncn·<)U~ v.·hcn tht:-.c chJng.c'> art: ~t:tnt\ to nt· the w;~y ll hJrrened. I W.>.~ 11·ith Jfan·e/ <Jft' tlunr.mmcthing. hA:e
rn;_rck. hut I thm~ n\ )ttmcthln)l_\'ou h.nl· ~111J 11! lu<.J,v H/1'. or III<J!'ht' m thctr earfr 4fh
tn dn HlTauv: \<HI Jltllo'-1 c;__~n't ha\c J 1),\ N: 1 1·a11 tmagim• rou n11RIII ha1•e henl STAN: You'tc ah'>\lltJtely nglu. hut
Lh,ttan.:r. munth alter month ;JJtcr a 11//lt· /rtntrared on'r till-' lJATJI-1S !hcyh· the h1rge~t ~egmcnt o( the ntn\H>
lllO!lth. Jot \L'<i!'\, ;111J CO!llt' llp \l.ith lllo\'lt', ht't'l:JU.\1-' I rt'lllt'lllht'f onct' !hat gn1ng publu.: I th1nk th<.'rc\ Jlnw~t
llltuc:--.tJng -,tone'> whet\' the d\itracter i'Ul/ 1111tf f'TildUn'f f'etf:'f (Juhf.r h<Jd l11lhody who d1x·~n't .knuw ol SrJder-
IKICf dwng_~<, ,l[ 'Jif w/l..,·d a/lout Jomg a SPII>FR-AIA;V Man. Some chJrJ<.;ter~ ltke the Fant:JSIK
Conr~ to
CAI,TAJ,"'oj
,\M[RICA: THE
MOVIE
SPECIAL, pub I
and 2. T~t
p11infinli:s by
Mane! p11inter Jo~
.Ju~ko.
JA706
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page214Page
Filed 02/25/11 of 301
13 of 20
JA707
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page215Page
Filed 02/25/11 of 301
14 of 20
1,1, 111 "II!!!'!! rh, 11 1N I I.! \I ! \I 1 N- [)_\ \; fr>, I '~'<' /Jf(/1/1 thll! )(.}( j,_ A lfl• I
l!tJ/1'1\\ '1'/W, 1\ i''•'!c/t'l/ltf d'l<f i/1 lta1 h•ut, !,nntllt(, rei/flo!! uf 1'\ en !Inn;:
told ,,t n·cn , ''1!11< -h ,,JJ, , ,,/it-, 101' /J,, •11 /1111 fYt'fll mr,,h ll!llor~' 1h11r
1n nh.u'
~~~~~~,\~W~ '1 ~
'"'JA'\; lh,d.,llf:,ht ,l!ld','\.Ct\h~·dl 1\h,> .!hlltl! d
flH\'-tl\{.'tll ,,·rnl' t<'> l<~e til;:r11 \\!lnll )!u [),\,....,: /)11\c Ara/i •trlfllnimrtUft'llllild
In ,,>)1\ll'-h<Hl\.. L'd!)\Cillllllh d!l.J tflctL'\ !'!>// that \<'<1/'S OJ;'u In COH/('S rv"
.tn ,Jiildpaph .,\'~,l•HL I "~cm get murt· FFRI!LH' tt,i lw puh/tlht'd 10/IT ort-
,, > ~"
ttl
<d tho~L tn <~tHugr;,rll than <!!1\thmg !Una/ p!ut \lllofl\15 /or FA .VTAST/C
!);\,...,: Jn;/ 11/ illilfll' 11\ 11 Jlt'NII/Jfi!'III rot R ::1
tori!! un good \IotA It\ '1har n·en-. STA~: Oh. I lwpe he \il\l'Ll !I
hodt ai~>u\ 1 Hll!ltc,/ 111 the on,;utui rtU/1 DA~: /If jJrmted II and t/ If t'\'t'r comt's
~~
0/ i/W 1 U/1)/1 I liJ' m a dl\, usnon or sotnctlunK. thm
"iT·\.\: lthl ,\'. ,t nld!tL'l nl pndc ,Hid ( learh d1mn thm rou dej/tu'd all the '/?,'7,. ! . :.
~~:m~::
~,!!i.,!:Jdlun. J
1<>\C il:J\!!11;' them 11\~·\L'il rharanrn. 1 ou de_~·crlfwd thnnand thtlr
IJA:"o.: ·4m/ 111<'1 J/ he arou11d /ur,•1·er /JuerrelallollllllpS unJ H'hat the1r penon·
(-,,nn, hool..' !llrmwre!r deli'rtr>rfllt' all/It'\ are
S L\:'\: One I htll~ th,H !'rn hJ pp~ Jhuut h STAN: I d1d that v.nh a!J ol them. I don't a.~~·
! hat \\ r '1 c f'utng !o do the <..;1hcr ·-.urkr 1n J...t1<n\ v.hy I ~ated the I·A~IASfl(. /T''S /1 I
th;n imm, ,jfld I ,Jiway' klt tllat the t (){ R one. hut noho<l~ ner thought
."''I!\ I R \LR FHt \cflC\ th;lt! dtd v.nh tln"e thin!!' wouJJ amount ttl anythtn~
John llusct'ma 1~ 1HW ul the g:tc;Jtnl or an~ h11d~ v.ould t:arc about them. \ll I
()\\ 111).! U1d 11 anJ l threw them a\l.ay, I did that
tnor\' \u l:1\ drll\tHJ... llun to 111) ~!nne' \\l!h c\l'r\ hnok Wl' dtd_
1/ (}rt~hll'r.) I JthtthtHJ).dtt thn \\t.·rc,uch f)A.'i: So 1!' rou el'ct II'Qilf to tltrotf prot!(
hctutdullwo\..,_ ;1nd the !;Jet that tilc~··rl' 111 1011/f'l>!!ih \jar t', If .i' 1/wre.
~·J\!lt-' [0 h( If) tiL: \L\S!f R\\OKI\S STA.,: \\dL hlo\ .\our heart l'rn g_I;Jd
lnrma! rvail\ l'\Lttul nw \tlU ll'!lllndnl me
DA :\: I! In did il toke 111 lung to du DA,''i: {!,,, orh,·r rhmJ..; I \111!/ll'd tu tall..
\f U?l f'l ',;.jSiiRHOHf....\'.lii<•UI{h' H 111 tl/1' /inurr'!i/ coiiii<T f't·egot a
iihr,lif
I ,,,,uf,j haH' t/l"lll{ht ;OIIIt'i'odt 111111/d \ii/IOir/rJ /!!!i\ am/ f\·c got tlu•
fill\'{' >Old /If I t'rlf I JJ.;< I 'j ;'{ i j!(lt i/it'\i' \'- \! F \ I.;till!<' a11d 1 f, >(I/.; iJl rhar and I
>/It !1/ har.iott·,·! ;/un/.. lto,-J 1,1 rn1<i, (lf/1/r' hoof, 1 Au/1
_<., J \\: { lh. ! liHnk tl \t>.>i-. 'tt', 1'.•1\\ \u iu.la1 uri' m 1hc111. tlllt'rliC/In-11 · llut I
IC,di!l' th<!tll\<: f11;!1f.l'll'-. r~·,dl\ lh<:f<.' )<ill ".;n,/~·r. 11 1111111: .{J,,J., rnuh'nht{l fUll
J..r;o\1 H·, nnh IW\'11 lht''.<.' pd'>f k\\ '.t".r:·, ilt;lll!; th!rr\ 1<11111'/hu;g Jan!>oi 1 /1/..t' !111'
ilul J!l\ ,,! i\h: ,,,ml,, ,!fr hcn;c d<!JJ(' m rhnt tj!t'fli/1111.; ,, {u/ ,,/ 11/nlln "n them' !.1
h .• Ji t'\f'•.'!hl\t lu1111.1h \\l'.!t' lll.lk:nf! ;frt'i"t' iJIJI'H lfrJj<I'I/J/fl <riii!JI/1; llf'' jJ,I
•\, .111d llJ•hkh <~tid li1111~- i1kr tho~: !t ~ 1<11 i<'<JJ ill/! !!lOr!''
1«•<1\.. ,!11!Jdc l•ll pi Ppk I•• l"l',Jil/<: Jlidl "'f.\.': \\'t'il ;t\ illll'IC"<tlnf.' th.tl :-uu
'ih'll- h ·q) rnudl ill I• lc'•d dnd Lll'~Hi'U'Ill -li<J;dd -,;t\ th.1t. ht-cdu,,· I'm );Pill~ !n
!<1: t!w~,· -.d;Wr h lu ~h.r:,lllc'l\ !1c.1d <1 ,.,lil:llllfll'<.' I'll ,t J •lliiHLJ tlll!1 cdkd
J) \_\: lnd i·if, J., rh,,n 11 lu·•1 1 ,,!, •ton,,d tiw .\rncll;HI Srl'lt I·<~UtHI,tttDn ! h~·
\fJr\-cl ''II 1!<1(' 1,11111~. ),;JI;~',f<i\ 1/1 ,,nnnl\'.ltl· I'm lw.tdtn~ ~~ )!<ll!l,f: tn he
ltf!/,' rl:c fllt'di !l>wn,un \,,,,;,· ,JI;d Ldikd I ntn1~1:nch :,11 !-ducataln \nJ
l' i!!Jr !;I ~!/'>'I I Ill' If. I< 1!/ '' ,.,,, ill iJ \\ t/\ I'm J!(lltl/:! :n f.'.!lh'l lol).!C1ht.'l ,orne ot !hl'
\,,. !wt rc' til liard,, 1 r'r. till.!,. 1/'< ntl! ,. hlf.Cf!t'~l lldlllt.'' 111 cnll'rt:lltHnenL and
l:or,J,, t·n \h'.ll' )CIHfl!! i<l !JI lol i.tnd \I.J\'~ l\1 lll~d.<.'
_.._1.\\: I!J,~(, .1 HI\ ·n~<.:r~·,:ul~ )Hill:!. k\thiHll,_, .Hld -.·du(,Jtton d' l'\LI!i11).! i<l1
,JrJJ 'd'-1-'-V dh,<i[;dc'h 11!-':li f \\J !lil' lihl i-.~ch ,J'> l>atdlln_.: II' it.' I I'>!Otl ,If rLt_\ ltl).!
I!' ,d\1.1 \ ' lc-)!, \\ i:\ ,, !li J II d'llill: \ ld, \) !'<!Ill\'\
d: W;: !!it,' I ',\,i' d:\1,1\' I l·'ii,· :HI 11 ilt.'ll 1,111 Ill\' nr; 'n , c>!llll' h<hJi, '·
~L\N J.n·:
§
c.
£'omics 89 interview
JA709
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page217Page
Filed 02/25/11 of 301
16 of 20
PI HLhiiLJ.I:
1
I
JA710
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page218Page
Filed 02/25/11 of 301
17 of 20
"'I\'! I U
1: fhe Sliver
Surfer\ liNt
llpJM-arance, F. F.
#.-ll. l%6, by Lfe,
Kirby and Sinnott.
Z: From Silver
Surfer! 'iolo book,
Issue 1. 1%8, by
tee', Buscem• 11nd
Sinnott. J: S.S. #18
(thto htsl iMIUe),
1970, by Lee, Kirby
11nd Herb TrlmJM-•
..a: From EF. #122.
1972, by l.u,
8tHCema 11nd
Sinnott . .5: S.S.
hardcover novel,
1973, by tee, Kirby
and Slnnort. ti:
S.S, .,e-.;,.illd hard·
w,·e-r, "JudRment
Day.~ PHIS, by Lee
and Hus.ama.
JA711
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page219Page
Filed 02/25/11 of 301
18 of 20
OIW 'lll'dllllll tb.11 ;_J!Ju\\~ <I )OUrll.t'>l<:r ttl tlun.ti: lilt!! th<-11 ' ,1 \II If\ tht ••ugh rtcltHl''> .l\ u.dl d'
Uj\l,lll' <:1\jO\Ill<.:llt Wl(h n.'JJmg ~TAN: I Y.oulJ lo1c 11' Bu1 "'!Ill' [knpiL- dll\hP{J\ j\o• <.:\Cf kll()l,l,l\
0-\:'\: / __ ,,],ill haH' '>flO~t·n w .Stne- Oltkll .1hnut till'< [),\~: Ot!t' ,,ntdd tlun!t u SI'//Jf_R-
."11-\~: )oJII i<tHHI, \~hL'Il \Oll gtl [0 .1nd I thin~ I nH!111Jolll.'d 11 In h1m onn· \1 ·I \ l'l lllf"' uuJ!,hl 10 /oo~
m,n·w nr
\ciHIU} .wd HHI,I'L' \tliJ !0 fL';J(.] J. :.chnnl year~ Jgo. ;Jt\J l Jn nnr ~fld\1 ht\ ll.'d'>oll. ItA,· /lilA-,,, diJJll !till rlunA··' /!11 <<111, I
htHII< L'\Ln tl1t\ a gn::..~t \Chnul hook but he ha\ ht'l'tli..jiJOlt:J .J\ ;:.J\'I!l!!,lhat tht· .l.not1 11 '1 hurd ,jnd !hi' ll'iJI- /)//!to uwd
\<HI Ju 11 n:lu..:tanth. ''OIL I\<: ~oil to n::H.l tv. o d\i.lrill:tl'J ~ he 'II nl"\ n Ur;H\ d~ 111 ~H l' 10 Jil>H' lum 1111 !ht· ltB/1. /lott· l{JJJn·/J!tt'
tim Jamn thln)l.." Ht1t kid'> lo\C to n..><Jd Sp1dcr-Mun and Ur Sllan!!,l' and, rt't'fll', 1n u ttBt'. /1 J<<-ll"t' fum" n·vl
nHllll'> And vou L'<Jn't unJ..:r\tanJ thl' DAN: Jig H< ,, lltmt /iliiWUI onn f>t-'f.\IHW{/1\- iJ\' <l ,-/wra1 /l'f.
'>llillt'~ 'Mthnut ro:admg the wonh It
t!ll<:\ \'Oll <~ L..tt·dtty J.t rc:.Jdtng. I he more
\OU J11 11. the more lank you lxcomt\
:h \ ,;1·.1.1"" ;\ill
<>II kli<>\1. IlK\ \did \.I)W!l tl'iV\1\lill\
, , 1: I'••' ,II• of)\!. lil.ll \I ,h Till· <.'llJ nil ill' h< i<ll-,
p:•l'lt•-1\illl' hth,ll<''' \\,·11, hc>11l' .!ll"
llll')!L'I tihtil l \<_'I
JA712
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page220Page
Filed 02/25/11 of 301
19 of 20
\l,tn. cl! l'dL'f l'.tr~~·r.. 1~ tlh•!l~h h(· \O.;t~.l ,I!!HUtf!'f }utlll<'r<' ''ldhon; lrniii/•JI '" () \:": 11/J,J/ o~hout ''/it'll 1011 t n'tllf"r/
ht1k m<~r..: gl..unrl\11\h lrilHl ll.~d ,\l\\.!1~ II !Ill /1 u/ 11 !lt'rd 11/rnl,ll, l•ul till> • •rl . 1/ \{lldtT· \full ,md (IJI'f" hun th,!l't" {hnn·n'
J tll\t.: I I 11\U t1L'L' ,(< l! tL~ \ 't\ ,tl\1 ,(\ ~- hili )\( f'lnflt'd IIuf,•tn..' I o/tt<.Jl' rlr<'IIO/hl 1lto1T f!I!Ht'f\ llt'ft' <1
iud dlllk' ,j !<l( <II thL-tll \11d II 1\,\' IJ,11J '"if.\~: llut·-.. li)!ht lit' i· no/ IIIHiillt'filhlr-. of
111r t' /•,tftJ/11 t'
tor lol/111 (II dr.t\-1. ,(I \1,\f,IL!_~·r IL)l<l lid~ D-\;\:; h •t't'Hir'd !lli!llr!/1 !<• 1111'
tl !11, , utlfl<' r >n rhr <•thn hund he:..· puH·nfl,f
jlh\ \ll\ll ,ll<'t.lgL' g_U\, '<11\lLI\!1\L. )<Ill //err' !w "''' •fll;!lhtfl\ <I lo'fl tt'l'l ,·nn 11 J!h 1u hi! \t•rr. \'t'r\ dramuttt' (rom
'-nuv..'' E1Ltl th"u.~h. 111 1hc hcgmn1ng. •n'c' llf(' 1;'<'1111~''' 111h/ h.- lt!id the hotn~ 11m 1• 111 wnr .\o Jwi got l'!dnrnthlhllt'\'
l11hl\ ):!<\\ \Cf\ Lltl~l' [<l '\1<:\L'\ "-l!iL'. ,h 1\ ,,-o· "' '''"'t' f,•l'flllli' <'t•'ll oft,•r /r,· !;'ol /or !he r•fol ,,,., j( t' hut he i a/.10 .!.:!Of thl:'
tll<llt:J ,\l,,n~.lor hun t<• h~· tll<lf~' rl'IJ\o.::J '"JWf /'"" ,.,. Out .J/It'r <1 "lid" 'IU<'It, /tlltltl.ll dt'll/t'rlf o( reu/1~· tr:l.H \'lrength.
Hl'rr ~nd
prnious pal!:e:
fwu namplt'l nr
John f{umita \
nJ\t'f art. l'he
lir-;t io; from hi!i
Jirr..t i\\Ut' o(
\_\l.\/.l.\1(;
"PIDER-\1.\"'.j,
I~Ml. a linr
dra,.,in~~:: thr
·tthrr ~ paintinll
from the "-t'Cond
~~~~~"'of the "''-'r·
'111'1.1 o.·omit' I }IE
'PFCl'\(l-
1 \H. '-IPilHH.·
\I.\'{, 1')(11'1_
comics interview
JA713
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-1 509510, Page221Page
Filed 02/25/11 of 301
20 of 20
SIAN I , [ [
(apt a in America ( \htt -.,aliHf!t"r), kind the Red Skull (Scott l'aulin) renew thf'ir b.ttlt whm the Skull kidnap.; Tom Kimh•ll. I~
prf"liident of lht l'nit«< Statr-s,
.... ; I
"
\
lr.<l•
I~
,,, "
rli
II
rhLi"<
''llilf. ,lul,lcl'-i'•
''"- I 1!, ~
llll,·rc· lw\ l!.t[lrcJ. I th111k rn..! -,uh\\a\
1Fifl'il'i dlld lhL'[L·\ \\:.J\l"l U>ll\ln~ ur
\nU .tt!JIIL he· 1\.1\rd til·.· llr1:1.. llho [U\1
EXHIBIT 32
JA715
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page223 Page
Filed 02/25/11 of 3012 of 9
Okay. Martha, I'm going to try again on this mterv1ew. . . Here we go_
The first question·
CONFIDENTIAL MARVEL0017512
JA716
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page224 Page
Filed 02/25/11 of 3013 of 9
C Yes, I've seen the <artoons done lor lV that"'" r,ow bflng oe~n in
fnnce. Bull h<l.v~n't really worked on them. We merdy 1iccn>ed them to
ather cornpan1es to do I th;nk they tried to k"ep the I pint of Spider-
Man Of course, i don't think they did •t as well as •I we our1elves had
done trem
f' One day Spider-Man had been the friendly enemy of Superman
because we d1d o book in partnership with DC Comics called ~ptdcr-Man
ver>U< >upcrman 1n which the two of them me~t and iight ~nd then
become fnends_ ll Will just an experiment: we thought it would be an
intereshng th1ng to do, but I don't thrnk we'll ever do it agam.
G_ I th1nk the film done about Spider-Man which has shown 1n Pans"
fairly good, whith 11 based on a television show wh1ch was drme here in
the Ur.ited States. I don't think it's as good as 1t really should be, but t's
not as bad as it mit~ht have been.
H. I th1nk that IV and c.nema are purls of the med1a and methods of
communication just as comic books are. Just as ballet is and JUS! as opera
is. I think every form ot art is a form at communication_ They are all dif-
fFrent, but they all try to do similar tl11ngs. I think the spirit of the sty.e of
Spider-Man or any charocter could be captured by TV or the cinema. It
very olten isn't captured becau<e different people do the movie than
have do~e the lwok or the com1~ book or the novel or whMever 1t is. But
to answer the question specificaJiy, Y"'· I think 1t is po>~ible for a movie
to keep the ;p1rit of a comic book.
(Ed Note. For some reason Stan starts to rdentify the que>tJOn< using
number5 JIJ>tead of letters.)
CONFIDENTIAL
MARVEL0017513
JA717
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page225 Page
Filed 02/25/11 of 3014 of 9
heord there was a JOb open rn comrc; when I wa~ yuung, thinkrng it
woulrl be a kmporMy JOb, but I've stayed ever srnce.
2_ No, I haver,'! gone to any sort ot artlst school nor have I ;tudied wnlrng
except when I was rn hrgh srhool when I took an Engi<>h wurse, JUSt as
everybody doc did_ I guess whatever i know, I've been self -taught.
] Yes, rnde<"d, I feel udmiralion for other ,'\rtr>ls of cornc; and the \O-GIIIed
!rne "rl> bt)!h from today and oi the past It •Nould take me forever to say
whrch ones. I adrnrre lire succedul comm~rcral artists ot today. I adm;rc
Jack DJvis, I odmrr~ Clwlre SchulL_ I admire Leroy Ni,·man, Salvador Dali.
Picasso_ I <tdmrre anybody who rs good ,,_t .my\hing I don't feel that fine art
"more important than commcrcral art. In somf ways I feei rt rs harder to be
a conrrrrfrl-I.J.I aJiist than to be a tine artrst, but my admiration extends to
anybody who doe> anylh1ng wf'll, whether he be an artrst or a pianist or an
actor or a shoemakeL
4_ Yes, I would haw to an~wer the same way I feel admrratron for wnt-
~rs of ymterday and today, and agarn \hal goe1 for so many of the good
rme< 1adrr>ire .. _ my favorite wrrter ol all lime was Shakespeare But I
was aim a fan of Edgar Rice Burrough>, Arthur Con~~ Doyle, Vidor
Hugo, Omar Khayyam, or perhaps I should say Edw<Jd fitz1;emld who
translated him. Kurt Vonnegut, Robert E. Howard_ I j~st enjoy any good
wrrtef No, I do~·t have a preference for ooence-tiction authors_ Oh,
<orry this rs quc>l:ion 5.
6. Yes, when I w.;s a young boy I drd enJOY comic strps and comic
books. and I enjoyed, well, again, I enjoyed them all, the ones that
nobody would even remember today. I enjoyed one called Red Barry,
one called -';kippy-he was one of my favorites by Percy Crosby. I Irked
The Phantom. I liked Trm Tyler's Luck I just !iked them all The humorous
ones, the serious ones. I liked Mandrake the M~gician. As tar as why-
it's hard to know why you like anything, they just gave me enjoyment.
Oh, Mart~a, by the way, in question five· "Do I have a preference for
scrence-fiction authof'S?" I'd lrke you to also mention Harlan Ellison as
CONFIDENTIAL MARVEL0017514
JA718
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page226 Page
Filed 02/25/11 of 3015 of 9
one of my fa'IOri\es By the way, I sure hope th"t thiS is coming out okay.
I'll shoot myself if this doesn't work_ Okay, Quf<tlon l.
!. Nu, today. I don't have a chance to read comic books_ I'm so busy
traveling and wnt1ng my own material and do1ng the millions ot other
things I ,;eem to do, so to answrr the question, I don't have time I cer-
tainly wsh I d1d have time. bu:what I do 1s thumb through the books
gu1ckly. lluok <tt I he drawings, I try to read a >emence here and there so
tflall (an ;;tay lam,iiar to <.orne dcgwe Nith whafs being doM _ As far as
which ones, certainly I try to rf'~d mostly Marv~l\, but I try to !nok
through the mmpehtion to >e<· what's ~appening.
(fd Note: Stan starts reading out the next three questions he's being
iisked)
CONFIDENTIAL MARVEL0017515
JA719
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page227 Page
Filed 02/25/11 of 3016 of 9
16. Q(u,;on"lly I rn~y reread a story over again_! don't have the \1me to
do rl. The few time> I have, I'm alway> amazed at how good ll seems to be.
I never realized that we were writinl( that good so many years ago I sort of
w«h some of the stones today were done rn the same 'tyle
17_ I thnught I had answered this already. No, I don't have time to read
~omics today.
19. No, I don't control the wlo<>_ That's one thing I never paid attentron to.
20. My method of workrng with the authors and artists is to try and be
as fnendly as posS>ble, be as farr as pos1rble, and get ·_he most work out
of them os possible. Let them work as much as possible i~ the<r own
style. Tell them the type of results I want, but not how to obta;n them
CONFIDENTIAL MARVEL0017516
JA720
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page228 Page
Filed 02/25/11 of 3017 of 9
22. I really don't know what he means by "How did I creal€ Rus1ian
1~perhcmes?" I drdn'l know we had any R~ssian superhemes. We ar~n't
!JOtng uul of the way to create Rus>ran superheroes. I'm afraid that
ouestion d<W\tl'l make that much sense to me_
23 No, I don't do any >pccial resem(h in <c1cnce, hi; lory, socic.l, or evo-
lution frH rny slnric>_ I never •eally h~d any bme_ That'l one ollh<· rca-
sons why when I would mention a scient,fic dev1ce, I would make up a
~arne for ;t, l1ke a ";upet gamma ray gu~ " only because I don't know
whot a super gamma ray gun LS, and I'm >ur~ nobOdy ~lse does I never
had the lrme to worry about being technically accurate-it was JUS! more
important to get lhe 1ton~s done quickly.
24. Of course 1 believe that comic books are a spenai kind of literature,
just as nove!; are, just as plays are. Thf po1nt of v1ew of drawing ~san
independent art ... of course they are an 111dependent art Comics are a
very spcofic and umque art form, which the more on~ studies therrt the
rnore one can appreciate them.
26. 1guess the reason lor the American and international success of our
;uperheroes IS the fact that they have 'o many humanisllc qualities that
people all over \he world are able to relate to them, because they're
really similar to reai people, and real people are pretty much the same ail
over the world.
27. Aga1n. it's hard to ur,derstand the question, "[1/1/hat's] the difference
between a das1ical hero ond a superhero?" because many of the classic
heroes were superheroes and many of !oday's superheroes like Spider-
Man ~nd the Hulk I'm sure may tJecome classical heroes. I don't know
what the difference IS Anything that lasts is a classic and that's all, and if
our superheroes last. they'll become superheroes.
28 As far as the d1fference betwee~ the creation of the daily strips and
the comic books, yes, there is a difference. The comics books are easier
CONFIOENTIAL MARVEL0017517
JA721
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page229 Page
Filed 02/25/11 of 3018 of 9
to write because you r-ave more panels fm dialogue. The ;tory keeps
!1owing steadily. Tfle daily ~trips you only have thr~e or four panels. The
first panel has to summarize what happene<i before, the last panel has to
be a sort of diff·hangcr. So you only have oPe or two par.eh in-between
to move the story. it's really much more d;fticult to do a newspaper strip
than a regular corPic book story.
(Ed Note: Questions 29 and 30 are mMmg from the recording. We only
get the la't line of Stan'> reply to what questmn 30 was about.)
30. Maybe <;cience-fantasy stones wrll bern the future what we;iern stc-
ri<>s were rn the past.
33 Okay, I'm sorry, but again I can't understand the questron. How do I
.'\ssume the formation of my wntcrs and artists? I don't know what that
means.
35. Of course there are some artists that I wmk with more easily than
others, but I don't l1ke to mention that I don't like to mention favorites
CONFIDENTIAL MARVEL0017518
JA722
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-2 509510, Page230 Page
Filed 02/25/11 of 3019 of 9
'"thing> I iike the leo\t-<t's not lair to the others I wtl! s;,y, though. tha:
the quality that I ask first of an artist is !hot h€ b~ a good artl't. rhat he
be a good ,;r(r\t .md draw the kind ot storic> tr.<>t people will wunt to
read_ H~ doesn't h,>V~ to be a p~rsonllrke, he doeln-t haw to be uny
spf(.WI age or nmionalrty (Jf wx or anylhng_ The most rmporhrt gualrfi-
catiun is iha\ he be a good wm'c 1trip artist Fir,;t and toremo>L
CONFIDENTIAL MARVEL0017519
JA723
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page231Page
Filed 02/25/11 of 301
1 of 34
EXHIBIT 33
JA724
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page232Page
Filed 02/25/11 of 301
2 of 34
CONFIDENTIAL MARVEL0017682
JA725
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page233Page
Filed 02/25/11 of 301
3 of 34
IF ONE IS
GOOD,
FOUR WILL BE
BETTER
CONFIDENTIAL. MARVEL0017689
JA726
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page234Page
Filed 02/25/11 of 301
4 of 34
This book would have to be twice the size. Besides, if this one sells
well I've got to save something for Volume Two. Suffice it to say that
I started at Timely as staff writer, proofreader. and general all--around
gofer. A few months luter rny two bosses, Joe Simon and Jack Kirby
(about whom there'll be rnore later), parted company with Timely 1
and my publisher, Mattin Goodman ( thafs right 1 more about him
later, too), asked tne to fill in as editor and art director until he could
find someone old enough for the job. \Veil, working in comics must
age a felia real fast because he never did replace me and I've been
there ever sl nee.
Now then, even though this tit::mic tome is about the magnificence
of Marvel, you've got to know a little bit about Timely so that you'll
have the right perspective. We1 ll get to the pictures soon~ I promise.
During the first two decades that I toiled for Timely the comic-
book business was a fairly simplistic operation. If cowboy films were
the rage we produced a lot of Westerns. If cops and robbers were in
vogue wejd grind out a profusion of crime titles. If the trend turned to
love stories, Timely (as well as the competition) became big in ro-
I3
CONFIDENTIAL MARVEL0017690
JA727
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page235Page
Filed 02/25/11 of 301
5 of 34
14
CONFIDENTIAL MARVEL0017691
JA728
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page236Page
Filed 02/25/11 of 301
6 of 34
Tinwly brie!Iy in the 1 <J40s. soon gave it up to seek bme and fortunt~
in snmewh<1t different areas.
It wasn 1 t much different for the artists. Their r:Jte of pny was sorne~
what higher than the writers' but it took them longer to complete a
p;lge, so things seerned to evt!n up. As a matter of fact, there were
n1:1ny nrtists who nlso wrote their own stories in those days·-,~~--and who
did the leTtering and coloring as welL I'm not going to mention their
nan1e~ here, since this 1sn't intended to be a history of the comics, but
rather a personal peck nt the origin of Marvel (which we're sure to
~~fot to '10oncr or Inter-- ---honest), nnd there isn't room to mention all
of thern, and those I omitted would never talk to rne again, and 3
fella like 1ne needs all the friends he can get.
\Vell, th~1t's it for nnw, If anyone needs any more b<::~ckground rna-
tt~rltlL see me nftcr class and I'll recommend smne supplen1entary
reading. The big moment is near at hand. You can almost feel a hush
in t-he atmosphere outside. It's as though aH the world is waiting for
the coming oL . The Fc:mtastic Four.
Let rne take you back to 1961. It's heen twenty·two years slnce I
first started with TimPly, nnd I'm still editor, art director, and head
writer there. At the moment, the trend is monster stories, so we're
1"t1rning out a pandcmonious plethora of HEMs and scaly-·skinned
scaries. Jack Kirby, he of Captain An1erica fame when r first started
nt 'Timely, had long since left and then recently returned to the fold
;Js our top artist. Jack and I were havinf!; a ball turning out n10nster
stories "-Vith such irnperishable titles as ''Xom, the Creature Who
Swallowt~d tluc: Earth," ';Grottu, the Giant Ant"Eater,' "Thomgorr, the
1
Anti~ Social Alicn,n '·Fin Fang Foom' 1 (I never could remen1ber what
his shhck wAs-if he was a he), and others of equally redeerning
artistic and literary value.
Yep, thc~re we were blithely grinding out our rnerry little monster
yarns. At the sarne tirne National Comics was still featuring Super-
man, Bntmnn, and all their other costumed cuties. The Archie group
was tikewise doing business as usual with Archie1 Jughead, and their
fun-loving friends. Meanwhi]e, Harvey Publications was holding its
own with Casper the Ghost and his capricious cohorts. Also in conten-
tion were the Chnrleton line of assorted comic-book titles, as well as
the Dell and Gold Key offerings. We were turning out comics by the
carload\ but nothing much was happening.
15
CONFiDENTIAL MARVEL0017692
JA729
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page237Page
Filed 02/25/11 of 301
7 of 34
At ;)hont this time I had a t:.!k with m.y wife. Actually, rhere's
nothin~ very llllUSUal about that ··----we oftPn talk to (:'ach other. Bul
this time Joan \VHS conunenting about the fact that aftt•r twenty
years of producing comics I was still writing television m:;terial, ad-
vertising copy, and newspaper features in tny spare tirne. She \VOn-
dered why I didn't put as HH!ch effort •Hld creativity into the comics
ns [ secrned to be putting into rny other free-lance endeavors. The
f;JCt is, I had alw1-1ys thonght nf m.y comic, book work as a tetnporary
joh~-~ even after all tho::~e ycars~··~-and her little dissertation n1nde me
suddenly renlize that it was time to stD.rt concentrating on what I was
doing -"--to carve a real career for myself in the nowhere world of
comic hooks.
No sooner had the tovely Mrs. Lee filled me with ra.bid resolution
than I had 8.nother talk, this tirne- v.'ith lV1artin GoodnEm. Martin was
my publisher, my friend, :::md rny eousin~in-·lnw . not necessarily in
that order. He was also easily the hest bus1nessman, the cleverest
l_;ditor, and the canniest publisher I've ever known. I suspect he'd
haVf!" been a trip!e~threat writer as well had he been so inclined. How-
ever, J\.1artin published a number of other types of magazine!) as well
ns comic books, and devoted most of his tin1e to the so-called "slicks''
whlle I was pretty rnuch on my own with the comics. I never knew
if it was because he had unbounded confidence in me, or because he
didn't think comics had rnuch future.
Be that as it rnay, Martin mentioned that he had noticed one of
the titles published by National Comics seemed to be seH1ng better
than most. It wus a book called The justice League of Arnerica nnd
was composed of a team of superheroes. Well, we dldn't need 8 house
to fall on us. "If The justice League is selling,'' spake he, "why don't
we put out a comic book that features a team of superheroes?"
His logic was irrefutable. Besides, I was tired of doing those count~
less monster mags. And Joan wanted me to bear down and n1ake
something of myself in the cornlc-hook fidei. ~I'he timing was perfect.
The elernents were all at hand. Kismet.
It was natural for me to choose Jack Kirby to draw the new super-
hero book that we would soon produce. Jack had probably drawn
more superhero strips than any other artist and he was as good as
they come. We had worked together for years, on all types of strips
and stories. Most importantly, we had a uniquely successful method
of working. I had only to give Jack an outline of a story and he would
16
JA730
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page238Page
Filed 02/25/11 of 301
8 of 34
dr;_lW the entire strip, brea:king down the outline into exactly the ri~ht
ntHtlher of panels replete with ;tction and drmna. Then, it rernnined
for rnt~ to take Jack's ilrtwork :1nd <Hid the captions and dialogue,
which would, hopefully, add the dimension nf reality through sharply
delineated chilracterizat·ion.
Ah, but this was Jl{)t to be merely another of the hundrerls. of comic-
strip features [ hud concocted in 111y long and lachrymose career. No,
17
CONFIDENTIAL MARVEL0017694
JA731
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page239Page
Filed 02/25/11 of 301
9 of 34
could provide. He\_f be the most unlikely hero of all ll~ly, tnorose,
nnd toti:!ll_y ::mtisociaJ,~-~--posscssed of br-ute strength <-tnd a hair~l rigger
kmfJPL l-Ie just had to become the most popular one of ;tiL
After kicking it around with Martin and J<wk for a while I decided
io c;Jll our quamt quartet The Fantastic Four. I wrote a detailed fl.rst
-;ynopsis for Jack to follow, and the n:~st !S history.
Now then, ;i few explanatory notes to the artwork ynu :-lre soon to
breathlt~ssly
hehokt The origin of The Fantastic Fonr was conceived
:1nd produced in 1961. It was m~rely the first of nn unbroken line of
monthly releases that were to develop anJ ~row and improve with
t·:ach subsequent is5ue. Actually, the m~depth chnroctcrization that
wfJs destined to become a Marvel tr,qdemark was only hinted at in
this, the opening strip. In the months that followed, the nrtwork grew
progressively !dicker, far more illustrative cJnd carefully detailed. The
chnracters hecnme more sharply defined, nnd the touches of satire
t-hat Marvel introduced into the snperh~ro genre grew more and rnore
apparent.
But even in the first, rather primitive ;:-lppearance of The Fantastic
Four. you're certain to see evidence of the unique qualily, the imagi-
native interpretation, and the stylistic departure from Hll the super-
hero strips which had gone before it.
So read on, 0 True Believer. May this small but salient slice of
living history now serve to nourish thine awestruck, hungry eyes.
18
CONFIDENTIAL MARVEL0017695
JA732
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page240Page
Filed 02/25/11 of 301
10 of 34
THERE
rr1~mu SHALL COME
m~® A JOLLY GREEN
GIANT
CONFIDENTIAL MARVEL0017744
JA733
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page241Page
Filed 02/25/11 of 301
11 of 34
71
CONFIDENTIAL MARVEL0017745
JA734
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page242Page
Filed 02/25/11 of 301
12 of 34
bins. Comics tnerely hnd g;uod guys and b:td guys, and nobody ever
bothered with the whys or wherefores. I3ut hl~re, in the first fateful
issue nf The Fantastic Four, 0111· renders were given a viliain with
whom they might c:mpathize a villain who was driven to what he
had done by the slings and arrows of a hearth~ss, heedless humanity.
It was a flrs:L It was rm attempt to portray a three~dimensiunal chat·-
r:Ktcr in a wodd that had heen composed of stereotypes. Tu comic
boukdotn, it wns tnnt;unount to the invention of the wheel.
Si1nilarly, the episode where Hen Clrin1m and Reed Richards begin
to ftght after their rocket ship has crash lar1<.led-~-and where Ben te!Is
l.(.eed, ''You don't have to make :1 speech, big shot," ns well as the
other instances sco.ttered throughout the strip where Ben is caustic
and dbrasive to I~ecd nnd the world in general-~·---all these negative
touches had been virtually unknown to contic books till then. Mem-
bers of supet-hero temns \Vere cdwa.ys the best of friends, with never
a cross word between them. Good guys were never s{lrcastic, never
bitter; yet here was a team with a raving rnalcontent, one whose
paranoia ·,:vas to increase with succeeding issues.
I ns well call your attention to the dialogue, also. While ifs
rt far cry from Paddy Chayefsky, you rnay notice the definite t~ffort
that wns rnade to have people speak as n1uch as possible like real
HeshM<-n1ci-blood hun1ans, \-Vhcther they were cab drivers, policemen,
garage rnechanics, pilots, or whatever. \-Vhile reasonably natural dia-
logue is so rnuch a pnxt of writing that I feel foolish even tnentioning
it, you n1ust rernember that we're talking about a form of the media
and a time period where "So! You wa1u1a play, huh?ll was formerly
considet-ed a meaningful, profound exclamation when uttered by a
hero in the process of being purnrneied by a villain or two.
As a matter of fact, it was in order to denwnstrate how our atten1pt
to inject realism into our stories--~through both characterization and
ciiatogue---grew progressively stronger and more successful and to
show how the quality of the artwork irnproved measurably from issue
to issue that Pve included the more recent ''When Strikes the Silver
Surfer/, as well as the other strips you 1ll encounter in this titanic
tome as we hurtle along on our jocular journey through Marvel's be-
ginning. So don't go away-especially since we're about to zero in on
The Incredible Hulk.
Speaking of The Hulk-and it's about time we did--- I know you'll
be whelmed to learn that he was the second one created in Marvers
72
CONFIDENTIAL
MARVEL0017746
JA735
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page243Page
Filed 02/25/11 of 301
13 of 34
law and there was one staple rnissing frorr1 the binding. I want my
money back." Hardly what you'd call a tlood of fan maiL
But nu sooner did F F # 1 hit the stands than we actually started
to receive letters that said sornething. "Loved your new mag. All
do is make f~eed Richards less stuffy~~---and show us
more of The Invisible Girl." "The Thing1 s the best character I ever
saw. l hope he'll stop belng a monster real :won.1' "How does The Hu-
man Torch burst into Harne? What makes him fly? Why don't you
give him his own magazine?"
It was one of the rnost exciting things that ever happened to us. We
found out that there were actually real live readers out there-r-ead-
ers who took the trouble to contact us, readers who wanted to talk to
us about our characters, about our stories. With each new letter they
got to know us better 1 and what was more irnportant 1 we got to know
then!. We learned what they iiked~ what they didn't like1 what they
wanted to see more of ... and less of. After a while I began to feel I
wasn't even the editor; I was just following orders-orders which
came in the maiL And one request which was repeated with ever-
increasing frequency was ''When will you bring out another new
superhero book?"
Finally, we had to yield to the burgeoning blandishments of our
legion of pen pals. But what was our next effort to be? Admittedly,
we had struck pay dirt by introducing a se:ries featuring an iconoclas-
tic team of superheroes. But I didn't want us to get into a rut. I was
determined that our next production not concern itself with another
team, After all, our fans (and what a kick it was to be able to think
of thern as fans rather than merely readers) kept referring to us as
innovators, and I wasn1 t about to let anything change their minds.
73
CONFIDENTIA.L MARVEL0017747
JA736
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page244Page
Filed 02/25/11 of 301
14 of 34
74
JA737
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page245Page
Filed 02/25/11 of 301
15 of 34
It w;lS patently :lp}X'H~nt thnt The Thing wns the most popular
chnrf-H"1f'f in Tht~ Fantastic Four, and quite possibly in the entire
comic--hook Held. Not only did the rea.ders like hin1 best, but he
grabbed me, too. For a long time I'd been aware of the fact that
people were more likely to favor someOH(~ who was h~ss thnn perfect
someone with feet of dny \\:ith whom they could identify. Why
W<-lS. Hwnphrey Bogart more popular th3n so many r-nllcr, smoother
75
CONFIDENTIAL MARVELD017749
JA738
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page246Page
Filed 02/25/11 of 301
16 of 34
who~-~~·and then I :-;topped. It was the word ''hulkin~( that did it. It
conjured up the perfect mental image. I knew 1 had found his name.
lie had to be: The Hulk.
As I described hirn to Juck, I was envisioning a sonwwhat nice~
looking monster, big and brutish enough to nwke hin1 feared by all
who met hitn and yet with a certain tragic appeai that would make
our rt'CJ.ders c.-_ue about hin1 and cheer hitn on. Not the t:~ttsiest of soals
p~.:rhaps, but I had a feeling we could do it.
Incidentnlly, as you read the ':>trip which follows, you'llnotice that
I had Jack introduce a ''teenage sidekick" type of character just the
type whorn I had earlier said I couldn't stand. But we did it for a
reason. lie \vas a necessary catalyst in the creation of The Hulk, and
he also gave rne a chance to demonstrate that it was possible to intro-
duce a teenager into a comic-book series without making him a cloy-
ing, si:mpy extens.ion of the hero's personality. Remember, at Marvel
we like to do things differently.
One final note before I again turn you loose. i\s an added fillip, I
thought it would be interesting to have The llulk's skin change color
when he reverted to his monstrous self. Thinking it would be in-
tensely dramatic~looking and somber 1 I arranged to have his hody
take on a gray hue in the first issue of his new rnagazine. But, as soon
:is the advnnce copies reached us, I realized the effect was entirely
different fron1 what I had intended. In sorrw of the scenes his gray
skin color gave hirn <l chameleonlike quality; the printer didn)t seem
able to him a consistent shade of gray from page to page) or even
frorn panel to panel. In fact, his skin was light gray in some places
and ahnost black in others. There were a few panels where he seemed
red, and for sorne reason which nobody could explain, in one close-up
toward the end of our little epic he was bright emerald green. As you
may have already surrnised, it became painfulty apparent to me that
gray was not the happiest color choice I might have made.
Shortly thereafter, a seemingly rational comic-book writer spent
long 1 anguished minutes pacing his not-quite~sumptuous office trying
to determine the proper skin color for a fictional monster. Then,
mainly because there were no other emerald .. skinned rampagers
extant at that particular time, the color I finally opted for was a
bravely hedazzling basic green.
In the strip that follows, which is the very first Hulk offering ever
bestowed upon a grateful citizenry 1 we've taken the liberty of coloring
76
JA739
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page247Page
Filed 02/25/11 of 301
17 of 34
him that same shadP of green, since this is the way he is presently
knuwn to hoth friend and foe alike. Howevf~r, to s::itisfy the archivists
and the pnrists ntnnng; you. The Hulk covrT which accompanies this
dari11g- denouement is depicted in its original gray, as lVIarvel con-
stantly strivf:~ to hring you the very bc:1t of both possible worlds.
77
CONFIDENTIAL MARVEL0017751
JA740
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page248Page
Filed 02/25/11 of 301
18 of 34
THE WORLD'S
r)t~m1r
r~w[~~
BEST-SELLING
SWINGER
CONFIDENTIAL
MARVEL0017799
JA741
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page249Page
Filed 02/25/11 of 301
19 of 34
131
CONFIDENTIAL MA.RVEL0017800
JA742
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page250Page
Filed 02/25/11 of 301
20 of 34
132
CONFIDENTiAL
MARVEL00\7801
JA743
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page251Page
Filed 02/25/11 of 301
21 of 34
133
JA744
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page252Page
Filed 02/25/11 of 301
22 of 34
tirne had corne for a competitor to mnkt~ the scene; and what fun it
would he to call hin1 Spider~·Man.
Martin's reaction was natural enough. In his own gentle way he
implied that I had lost rny marbles. He patiently inforrned me that
people didn't like spiders) that it was an unlikely nmne for a hero,
and H1<:-~t Spider-Ma.n would rnerit somewhat less than the reading
public's whale-hearted, enthusiastic approval. For my part I told him
his logic was incontrovertible, but hear rne out. Then I told him about
The Spider. Veri1y 1 I bared rny soul, mentioning how my childish
lv.:-drt would m.adly pound in breathless anticipation of each new
issue_ I zealously explained how I hoped that Spider~Man would be
a t.rend~setter, a funky freaky feature in tune with the tirnes. And
I played my ace. I ren1indcd !VI.G. that weld be presenting
Spider-Man in Amazing Fantasy's final issue~---we were killing the
magazine anyway~--~·- . so what's the hann?
Possibly hypnotized by my unassailable logic and no doubt tnes-
merized Ly tny youthful charm, plus the fact that he was growing
increasingly aware that he was late for a golf date, he made the deci-
sion. Spider~Man wm.Ilct live. Had I known then what all of comicdom
iissembled knows now, ['d have recorded that rnagic n1oment for
posterity.
And now comes the hard part----for you. This is where you!ve got
to pay strict attention because the scenario gets a bit complicated and
I hate to make long explanations. This is the part that deals with
Kirby and Ditko, and wby the strip turned out the way it did.
Whenever we began a new feature, one of my most critical tasks
\V8.S determining who would do the artwork. Every comic-strip artist
has his own style, just as every actor or every musician does. Match-
ing the right artist to the right strip is the goal of every editor. Match-
ing the best writer to the proper artist is equally important, but since
I was both editor and writer at the time, I need not concern you with
that little matter. You've got enough to worry about.
As you've certainly gathered by now, Kirby and Ditko were our
two artistic big guns at that time. But Jolly Jack had more experience
with superheroes. Steve Ditko's forte·-or so I thought-was in draw-
ing the various assorted mystery j monster/ fantasy stories. Hence, I
gave the first Spider-Man assignment to jack Kirby.
"jolly Jack," said I (I didn't really refer to him as Jolly, hut I felt
it would give a light, friendly tone to this entire exposition), "I'd like
134
CONFIDENTIAL MARVEL0017803
JA745
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page253Page
Filed 02/25/11 of 301
23 of 34
135
CONFIDENTIAL MARVEL0017804
JA746
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page254Page
Filed 02/25/11 of 301
24 of 34
l
superstar5. But then it happened. The sales reports started coming
m. IVIonths after AF had been kissed off and abandoned we realized
we had had a best seller on our hands~--and it had to be because of
Spider~rvtnn. It didn't take long to arrange another conference be~
tween lv1artin Go<ximo.n and myself, and when thnt momentous meet~
ing had ended, we had decided to let Amazing Fantasy enjoy the
hiatus it so richly deserved while we resurrected oi' Spidey in a book
of his own. Henceforth 1 t-he reading public would be the lucky recipi-
t:nts of a hrand~new monthly publicrttion entitled The Amazin4
Spider-[Wan So it was ordained. So it was done. And Spider-Man has
comri~tently been our best~selling title for more than a decade.
The list of innovations which rnast be credited to the wondrous
web-slinger could fill another book this size. But it rnif;!;ht bf~ in order
to mention just a few for you in an effort to explain some of the pos·-
~ible reasons for Spidey's world-wide popularity. To begin with, he
was probably the first superhero to wear his neuroses on his .r.;leeve.
The poor guy is far rnore troubled than most of the characters he has
to battle. And how many other superheroes are there who have to
worry about their dear old Aunt May dying of a heart attack? Corne
to think of it 1 have you ever heard of a superhero with continuing
problerns with his love life? Certainly not in those days. We struc-
tured the st:ries in the pattern of any daytime radio soap opera, and
mlraculousiy we seem to have made it stick. Then there were the real-
life touches. How about the time Spidey needed some extra rnoney
so he appeared as a guest performer on the Ed Sullivan show? He
was paid by check, only to discover he couldn't cash the darn thing
because he didn't have an account in the name of Spider-Man-·~and
he couldn't reveal his true identity to a bank teller. Or the time he
tore his costume and realized he'd have to learn to sew it himself
because he could hardly take it to his local tailor. One sequence I
really enjoyed writing7 and which drew tons of fan mail, was the
time our web-swinging hero visited The Fantastic Four and told them
he wanted to join the group, thinking it would pay him more than
he was making on his own. He grew indignant when he was told The
FF was a nonprotlt organization, and he split as soon as he could. See
what I mean? Not quite the same situations that comics had been
offering their readers in the dark and dismal days of the pre-Spider-
~1an era.
And leave us not forget the cast of characters. Was ever there such
136
CONFIDENTIAL
MARVEL0017805
JA747
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page255Page
Filed 02/25/11 of 301
25 of 34
137
CONFIDENTIAL MARVELD017806
JA748
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page256Page
Filed 02/25/11 of 301
26 of 34
Spidt~_y's deadliest foe. And lf~t's toast good ol-' Flash Thompson, the star
:lthlete of Peter 1 s high school in the curly days nf the serir:s. Flash'~
L-1voritf~ hobby was builying our hero. little drenrning that ''Puny
Parker'' was, in reality, the amazing SpiUt:!r-&Inn, Flash's nll~time idoL
Then there was the one<Hm(•d scientist nruned Dr. Curtis Connors,
\Vho was a devoted fmnily mnn as wdl as a frien(i of Peter Pnrker's.
It wasn't his fault that he'd sornetirnes turn into the louthsmne Lizard,
whuse lust for violence and domination over n1ankind posed many a
sticky little prpblem. fur our friendly neighborhood Spider--rv1an. t
could go on and on, but l know you!re anxious to read the very first
Spldey strip itself now th<.1t you've been so thoroughly briefed.
Very well then. I've guided you thus hr, but now once again we
cornc to a parting of the ways. For the next few minutes you're on
your own---~-it'll be just ynu 1 and the Spider-Man of old. So I'll take a
break while you blithely relive the dizzying thrill of a rare dis-
covery.
138
CONFiDENTii\L
MARVEL0017807
JA749
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page257Page
Filed 02/25/11 of 301
27 of 34
MEANWHILE '
BACK IN
ASGARD . . .
CONFIDENTIAL MARVEL0017842
JA750
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page258Page
Filed 02/25/11 of 301
28 of 34
177
CONFIDENTIAL MARVELDD17843
JA751
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page259Page
Filed 02/25/11 of 301
29 of 34
178
CONFIDENTIAL MARVEL0017844
JA752
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page260Page
Filed 02/25/11 of 301
30 of 34
there wns n rich lodt-) of rnaterial into which iV1arvel mi~ht dip, it was
tlwn~- nnd we would mine it.
But r1ow. for the first tirr1e, I wns faced with a frustrating problem.
Heretofore, I had written all of the origin tales of each new character,
as well as the subsequent follow-up stories in every series. But now it
w:~s irnpnssible. I qJrnply wouldn't have the time to continue with The
Fantastic f''om, The Hulk, Spider~Man, and the other odd Western.
mystery, romance, humor, and assorted monster tales 1 wns writing
and still do iustice to our newest feature yet alJorning. Of course, I
could have given up some of the other, less irnportant strips, but a
new problern was now beginning to disturb me. I realized that I had
been writing the bulk of our first--line rnaterial with no back-up writ-
t~rs, 8.nd that created a dangerous situation. \Vh<1t if I were to become
inu1pacitnted in some- way? Producing monthly publications, we had
grueling, mnn-kiHing production schedules to maintain. It was simply
too risky for me not to be grooming sorne other wrlters to ftll the
breach if necessary. Besides, it's no fun being a boss if there's no one
to yell at.
Luckily, I had surneone to yell at. The tirne is come to draw the
curta:in and reveal Another Marvel maclrnan who hath thus far
patiently been standing in the wings. So let's hear it, gang, for Lucky
Larry Lieber, artist, writer, and natural-born kid brother. Yes, one of
the worst--kept secrets of the comic-book biz is the fact that Larry
Lieber is relate-d to me by virtue of having been horn to the same
parents as yours truly--~~-albeit nine years later.
At this juncture it may possibly behoove us to pause for a moment
since rm weB aware that the drama and suspense are growing vir-
tually unendurable. As we take our well-deserved break, I'll furnish a
couple of explanations to questions that may be puzzling yout ques-
tions which you~re too polite to ask. First of all, I really dodt call him
Lucky, just as I don't call the other two fellas Jolly or Sturdy. To
some this rnay seem a trivial point, but if ever you run into Larry, or
to Jack or Steve, I know you1d want to address them properly. Sec-
ondly, there may be some anlong you who are, even now, furrowing
your brows, narrowing your eyes, and thinking-with the deep-down
~harpness. that is ever the mark of the true Marvelite---"~"How come
Stan Lee's kid brother is named Lieber? Why did Larry change his
name?n Ah, hut t'was not Lieber the Younger who did alter his name.
179
CONFIDENTIAL MARVEL0017845
JA753
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page261Page
Filed 02/25/11 of 301
31 of 34
Nny, t'was hf~ who pens tht!-'ie imperishable words who has gone frorn
Liehr~r to Lr·e. And, as Richard !\1ilhous hirnself now knows, every
180
CONFIDENTIAL MARVEL0017846
JA754
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page262Page
Filed 02/25/11 of 301
32 of 34
qulesced when asked if he'd pen a new superhero strip for the greater
g;lory of Marvpldorn. Let the record also show that Jack Kirby did
likewise when offered the illustrating chore. So I hud my team. I hnd
rny therne, my subiect rnattt:~r. The stars were in asn-msion. The
month had no Rs in it. Nothing could go wrong. There were just two
clements iat:king: a hero ~ . and a plot.
Le-t's start with the superhero. As all true devotees know, every
SUJJerhero needs a -;pec1al quality, a special weapon of sorne sort. I
bud already decided that our hero would be one of the Norse gods,
which should be quallty enough. But ... hls weapon. A high-ilying
deity would hardly ernploy a Shennan tank, or brass knuckles, or a
l3B gun. it would h<::rve to be something different, something unique.
Then, another thought hit rne. I wanted hirn to be able to fly. I
wanted hirn to be able to zip around the sky and make the trip be-
tween heaven zmd Earth withoul waiting for Pan Am. The Hulk sirn··
t!lated Hight by into the air; the Human Torch did it by
bursting into flarne; Spidey had his webbing and swung around like
Tarzan. God only knows how Snperrnan rnanages i t - I never figured
that out. 1 didn't want to merely say, "There goes our hero, flying off
" I wanted it to be sornehow believable. And then I realized I
could solve- both problerns at once~. ~-with a hammer!
No need to go into all the sordid details now. If you1re a long time-
Thor bufl you know aH about it. If not, you'll find out as soon as you
read the' strip that follows. Suffice it to say that it suddenly all came
together when I figured that Thor, God of Thunder, would he perfect
for the job. I IikeJ the sound of his narne. It wns short, simple, easy to
rernernber, and if you lisped nobody would know.
But then there was the problem of empathy. I realized that it
wouldn't be the easiest job in the world to make a reader in Hoboken
develop an affinity for some long-haired nut in blue ti.ghts and helmet
winr,;s who also happens to be a Norse Thunder God. Still, one for-
mula that's always worked in comics is the girnmick of the secret-
identity hero. Also, thought I, this particular strip will be offbeat
enough to allow me to employ one of the oldest cliches in the book:
frail and feeble Dr. Donald Blake is in reality the most invincible
irnrnort.al of thern all-the rnighty Thor. I wanted Blake to be a sur-
geon because of the drarnatic possibilities it would later present. I
could envision themes where Thor is needed in Asgard ·but Dr. Blake
is needed on Earth to perform a critical operation (which none but
181
CONFIDENTIAL MARVEL0017847
JA755
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page263Page
Filed 02/25/11 of 301
33 of 34
ht: C<Hl perform, natch). Oh, the suspense, the tension, the choice that
must be rnade. Bt:sidcs, he could spend hls spare tinw romping about
wi1 h some ravishing registered nurse when the occaswn demanded,
or (',Vcn when it didn 1L Yep, I wns convinced. Donald Blake would be
a doctor, thin, lmne, defenseless-~~the exact antithesis of his awesornc
Asgardian alter ego.
Within rninutes I rushed to the typewriter and pounded out a
synopsis for L.arry. Even though 1 wouldn't be writing the script, I
:1lways tried to ensure that the basic concepts would be mine. Of
course Lt~:rry put in a lot of his own distinctive touches. One that I'll
never forget was his saying that Thor had an Uru hamnu-::r. \Vhen f
rpad that I tlgured t:he kid hDd done a lot of research and unearthed
the name of some ancitmt metaL 1 was proud of him. It wasn't till we
were dis.cHs'ilng it years h:ltcr that he casually mentioned that he'd
just rnade rhe nan1e up.I-Ie liked the sound of it. Well, I have to ndmit
that an Urn hammer sounds a lot rnore irnpressive than a plain, onii~
f1Llry carpenter's hammer. Pm still proud of him.
As for Joliy Jack, he had done his usual sensational job. He made
the Thunder Clod look just like a God of Thunder should. It took a lot
of courag0, too. You've got to rernember that Thor had long blond
hair before it becnrne fashionable ;:unong us rnere mortals ,.before
the Bentles had made the scene. Had anyone but Jack Kirby been
the artist, lt's: barely possible that the ol' hammer thrower's mascu-
linity might have been in question. But we rnanaged to carry it off.
Despite his cute little Uru hammer, his long curly locks, his name
which sounded as though the person calling him was tongue-tied, he
made the grade. The mighty Thor joined mighty Marvel's rnighty
fmnily of rnighty superheroes. And once again we'd hit the jackpot.
Apparently all of cornic·book fandorn had been breathlessly waiting
for such a publication. Goldilocks broke as many sales records as The
Fantastic Four, The Hulk, and Spider·Man had done before him.
But don't go 'way yet. There's more. Before you rend the origin
story which follows this unforgettable exposition I've got to tell you
what happened after Thor was finally launched. Larry, after writing
it and a number of other features, decided to concentrate on his art-
work and forgo his scripting activities. So who ended up writing the
Thunder God's adventures after all? How-'d you guess?
Now this is what I really want to tell you. The Thor that you'll
meet in the origin story which you're beginning to think you)ll never
182
CONFIDENTIAL MARVEL0017848
JA756
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-3 509510, Page264Page
Filed 02/25/11 of 301
34 of 34
1 ~~t·t
to is rf~ally not quite the same as the Thor which developed later.
\Vhen I hegan to write the strip, which n1eans t.lctually putting the
words m <ill their littlf;: pink mouths, I decided that I wanted the harn-·
rner holder to speak more like a god. And ev~ryone knows that gods
dl! speak with hiblical :md Shake:::.pearean phraseology. So I slowly
and dcdiberntcly changed the entire style of the strip, f!lling it with
"thou shalts" and "thou shalt nots" and "so be its" and "get thee
gonesn and like thnt. I've always been a nut about the poetic Havor-
of the Bible and the sentence structure and lilt of Elizabethan writ-
ing, and this was my chance to play with it. The reason I mention it
nnw is because I want to complin1ent you. Most everyone told tne
that no superhero strip could succeed if the writing were too archaic,
or too stylized, or too lyricAL Well, Thor is still one of Marvei's top
sellers, Cifter all these years, and that means that you're a lot smarter
nnd more literary than people gave you credit for. So congratulations!
Congratulations: also on the fact that you've managed to wade
through all ttwse words and pages and you 1ve tlnally made it to the
fourth plateau. Thus, without any further mlo! we open the floodgates
of reading enjoyment and nnleash upon you the origin of the mighty
Thor.
183
CONFIDENTIAL MARVEL0017849
JA757
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page265Page
Filed 02/25/11 of 301
1 of 16
EXHIBIT 34
JA758
' . Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page266Page
Filed 02/25/11 of 301
2 of 16
t1@:mmrr_j_
CONFIOENT!t\L Deponen~ Le .e.-
DateZ:._-'
1_3_-/ORptr.~
17 r.
-
www~cooo
STATE OF CALIFORNIA )
)ss.:
COUNTY OF LOS ANGELES)
I. I was born in Manhattan, New York in 1922 and currently reside in Los
Angeles, California.
1940 at the age of 17, when I was hired by a publishing company that was owned by my cousin-
in-law, Martin Goodman ("Goodman"), known as Timely Comics, Inc. ("Timely"), a division of
Magazine Management Company ("Magazine Management"), the umbrella company for all of
Goodman's publishing lines. When I came to work for Timely in 1940, Timely's offices were
located in the McGraw-Hill Building on West 42nd Street in Manhattan. Timely was already in
the business of publishing comic books and had several ongoing comic titles and was hoping to
add others. I was initially engaged to be the assistant to Joe Simon ("Simon"), Timely's then
editorial director, and to Jack Kirby, ("Kirby"), Timely's staff artist. When I began working for
Timely, my duties included everything from running errands to proofreading stories to erasing
stray pencil marks on finished artwork and preparing it to go to the engraver. I was working full-
there and, except for Simon, Kirby and a few others, relied on freelance writers and artists for
creating material. The writers and artists, whether employees or freelancers, would receive their
assignments from Simon. After Simon told the writer and/or artist which title they would be
CONFIDENT\f\L
JA759
" . Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page267Page
Filed 02/25/11 of 301
3 of 16
responsible for, the writer was expected to come up with a story that continued from the last one
in the series. Part of the job of the writer also was to come up with ideas for new characters,
including new heroes, villains/nemeses and supporting characters, and introduce them into the
storylines to interact with the existing characters. Simon, as editor, would review the stories
submitted by the writer, make any and all changes he believed were appropriate, and the story
would be passed on to the artist that had been engaged or selected to do the issue. The artist was
then responsible for taking the script and creating the visual depiction, including the layout of the
issue and the looks of the characters. Because the artist typically drew in pencil, an inker would
then go over those pencil drawings and render them in ink. Next, a colorist would then color
4. Some time after coming to work for Timely, I was asked to write captions,
blurbs, etc. and then two-page prose stories for the books. After consulting with Goodman,
Simon gave me the promotion to staff writer, and we agreed that I would continue to work for
Timely on a full time basis, and would continue to be paid a weekly salary as a writer. Between
late 1940 and late I941, I wrote numerous comic book issues for Timely. I understood that, as a
writer, it was part of my job to create new characters and stories, as well as new episodes of
established characters, and to come up with new ideas for characters to introduce into the
storylines. Timely, however, always maintained the right to direct the storylines and the right to
edit any aspect of the materials I submitted for publication, including the characteristics of any
existing or new characters I utilized in the storylines. At that time, it was typical in the industry
for comic book publishers to own the rights to the materials that were created for them for
publication. I understood that, because it was an essential part of my job as a writer to come up
with new stories and ideas for Timely, Timely would own whatever rights existed to all of the
materials I created or co-created for publication by it, including any new characters that I
introduced into the storylines, and that I had no right to claim authorship to or ownership of those
materials.
5. At the end of 1941, Goodman learned that Simon and Kirby were working
after hours for a competitor and terminated them. He then promoted me to the position of
editorial director for the entire Timely line of comics. To the best of my recollection, by this
time, Timely had approximately a dozen comic book titles. Although Goodman ultimately had
the right to control and direct the content of every publication, I was responsible for engaging all
of the writers and artists, assigning particular writers and artists to each issue, and overseeing all
of the creative and editorial aspects of every publication. I also continued to write scripts, and
was paid by the page for the script work in addition to my salary as an editor. Between the end
of 1941 and the end of 1942, Timely published nearly one hundred issues and several new,
important characters were added, including characters that I co-created. I understood that it was
part of my responsibilities as both editorial director and writer to come up with new ideas,
including new characters, for introduction into the Marvel storylines. All of my creative
contributions during my time as editorial director for Timely, including my script work, were
created as a result of my having been engaged by Timely and were done at Timely's instance,
and I was paid by Timely for all of these contributions. During my time as editorial director,
Goodman had the right to edit any of the material I submitted, and I understood that Timely
would own whatever rights existed to any materials I created or co-created for publication by it,
including any new characters that I introduced into the storylines, and that I had no right to claim
- 3-
JA761
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page269Page
Filed 02/25/11 of 301
5 of 16
who had previously reported to me, was appointed to act as editorial director in my absence.
Although I was no longer a full-time employee of Timely, I continued to write for Timely on a
freelance basis while I was in the army, communicating with Fago and Goodman by mail. Fago
would assign specific titles and issues to me, and I was paid on a page rate for the work that I
submitted. With respect to all of the work that I submitted, Fago (and ultimately Goodman)
maintained the right to edit my work, and I understood that it was part of my responsibility to
come up with new ideas and new characters for introduction into the storylines on the issues I
was assigned to write. I also understood that Timely would own whatever rights existed to any
materials I created or co-created for publication by it, including any new characters that I
introduced into the storylines, and that I had no right to claim authorship to or ownership of any
of those works.
and resumed my position as editorial director for Timely. While I was in the army, Timely had
moved its offices to the Empire State Building and had hired more full-time writers, artists,
production workers and business staff. When I came back to Timely, my responsibilities
expanded to include overseeing a team of editors who handled the different comic book lines,
and I continued to report directly to Goodman. I also continued to write scripts, and was paid by
the page for the script work in addition to my salary as editorial director, just as I had been doing
before I left for the army. I understood that it was still my responsibility as both editor and
writer to come up with new ideas for stories, including new characters to introduce into the
storylines for publication by Timely. Goodman still had the right to edit all of the material that I
submitted, and I understood that Timely would own whatever rights existed to any materials I
. 4. CONFIDENTIAL
JA762
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page270Page
Filed 02/25/11 of 301
6 of 16
created or co-created for publication by it, including any new characters that I introduced into the
storylines, and that I had no right to claim authorship to or ownership of any of those works.
8. For the next twenty three years, until the fall of 1968, I maintained my
position as editorial director for Timely. 1 I also continued to write scripts for publication by
Timely, and was paid based on a page rate for those scripts. In my capacity as editor, I chose
specific titles that I wanted to write, subject to Goodman •s approval, and also assigned the artist
to draw the issue. Although I was given significant creative freedom, I continued to report to
Goodman and understood that Goodman had the ultimate right to control the contents of the
stories and to edit my work (and the work by anyone on my staff) if he deemed it appropriate.
Indeed, there were several instances where Goodman edited materials that l had submitted for
publication or suggested changes to storylines before the scripts were written. I also understood
that my responsibilities as editorial director for Timely included coming up with ideas for new
titles featuring new characters. When I came up with a concept for a new title featuring a new
character, I would discuss the title with Goodman, who would determine whether or not Timely
wanted to commission me to write it and my selected artist to draw it for publication. Although I
had no written agreement with Timely, it was our mutual understanding and agreement
throughout this entire twenty-three year period that my creative contributions were made as a
result of my having been commissioned by Timely to create the works, and that Timely would
therefore own whatever rights existed to any materials I created or co-created for publication by
it, including any new characters that I created for publication by Timely, and that I had no right
1
In May 1963, Magazine Managementffimely changed the name of its comic book line to
Marvel Comics.
- 5- CONFIDENTIAL
JA763
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page271Page
Filed 02/25/11 of 301
7 of 16
9. In the fall of 1968, Goodman sold the entire publishing business to Perfect
Film and Chemical Corporation, later known as Cadence Industries Corporation ("Cadence") and
the publishing division, including the Marvel Comics line, continued to do business as Magazine
Management. Goodman remained the publisher of the Magazine Management division and I
remained the editorial director for the entire Marvel Comics line through March 1972. I also
continued to write scripts, and continued to be paid for those scripts based on a page rate in
addition to my salary as editorial director. During this time period, my responsibilities remained
the same, and [had the same agreement with Cadence/Marvel Comics that all of my creative
Comics, and that I had no right to ownership of any of the materials that [ created for publication
by Cadence/Marvel Comics, including any new characters that were introduced into the Marvel
Comics storylines.
the entire Marvel Comics line, a position I held until I 978. Roy Thomas ("Thomas") took over
my position as editorial director, a position he held through sometime in 1974. When Thomas
was no longer editorial director, Len Wein took over that position for approximately 6 months,
followed by Marvin Wolfinan, who held the position for approximately one year, followed by
Gene Conway, who held the position for one month, followed by Archie Goodwin, who held the
position for one and a half years, followed by Jim Shooter, who held the position beginning in
1978. Although the various editorial directors took over my former responsibilities of running
the day to day operations of the comics line, I had the ultimate responsibility for the entire line
and acted as a creative consultant to the various writers and artists throughout this period. [ was
paid a weekly salary for all of my work. All of my creative contributions during this period were
- 6-
JA764
. . Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page272Page
Filed 02/25/11 of 301
8 of 16
at Cadence/Marvel Comic's instance and expense, and I understood that I had no right to
ownership of any of the materials that I created for publication by Cadence/Marvel Comics,
including any new characters that were introduced into the Marvel Comics storylines.
11. From 1941 through 1978, 1 (together with numerous artists) created or co-
created hundreds of characters and introduced them into the storylines to be published by Timely
and/or Cadence/Marvel Comics. A list of some of the characters I either created or co-created
for Timely and/or Cadence/Marvel Comics appears on Schedule A. This list is by no means
complete. My contributions to all of the characters I created for Timely or for Cadence/Marvel
Comics during this time period were within the scope of my employment with Timely or
Cadence/Marvel Comics, as the case may be, and were instanced by Timely or Cadence/Marvel
Comics, as the case may be, and both I and the artist assigned to work with me on all of these
works (including those characters) were paid by Timely or by Cadence/Marvel Comics, as the
Agreement/Rights Agreement (the "SLM Agreement") with Stan Lee Entertainment, Inc.
("SLM"). Pursuant to the SLM Agreement, I assigned to SLM certain rights that I would
otherwise have retained in new works that I intended to create for SLM and certain rights to my
own name and likeness. It is clear from the express language of the SLM Agreement that I never
assigned or purported to assign to SLM any rights to any of the works I had created for
publication by Timely or Cadence/Marvel Comics, including the rights to any of the characters
that I created for publication by Timely or Cadence/Marvel Comics. Nor could l--it was always
my understanding that Timely or Cadence/Marvel Comics, as the case may be, was the author of
. 7.
JA765
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page273Page
Filed 02/25/11 of 301
9 of 16
those works as "works made for hire" under applicable copyright laws and that I had no rights in
may be, was the author of those works and that I had no rights in any of those works was
confirmed each and every time I accepted payment by Timely or its successors for my creative
contributions. For years I received checks from Timely and its successors that bore a legend
acknowledging that the payment was for "works for hire." I can recall no checks that I received
as payment for my contributions that did not bear this legend which acknowledged the payment
was made to me for work that had been created for hire for Timely or Cadence/Marvel and that
Notary Public
ST~
. 8-
JA766
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page274Page
Filed 02/25/11 of 301
10 of 16
Schedule A
I. Abomination
2. Adaptoid
3. Air-Walker
4. Ancient One
6. Annihilus
8. Ares
10. Attuma
II. Avengers
19. Beast
r\r :· .,
r·. 1 ~~-· 1: ~I
. 9. CUl\1 - I • •.
u1.:. "· 1 •
,
JA767
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page275Page
Filed 02/25/11 of 301
11 of 16
25. Blastarr
26. Blob
28. Boomerang
30. Cobra
34. Crystal
35. Cyclops
36. Daredevil
37. Destroyer
41. Dormammu
44. Egghead
45. Electro
46. Enchantress
47. Eternity
49. Falcon
- 10-
JA768
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page276Page
Filed 02/25/11 of 301
12 of 16
52. Fin-Fang-Foom
54. Fixer
58. Gargantus
59. Gladiator
60. Gorgon
66. HateMonger
67. Hawkeye
71. Iceman
- II -
CONFIDENTiAL
JA769
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page277Page
Filed 02/25/11 of 301
13 of 16
75. John Jonah Jameson, a/kJa J. Jonah Jameson, J.J., and J.J.J.
76. Juggernaut
79. Karnak
80. Kamilla
81. Kingpin
82. Klaw
83. Krang
85. Leader
87. Lockjaw
88. Loki
90. Magneto
91. Mangog
92. Man-Wolf
96. Medusa
97. Mentallo
98. Mephisto
99. Mimic
- 12-
JA770
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page278Page
Filed 02/25/11 of 301
14 of 16
100. Modok
I 03 . Mr. Fantastic
105. Mysterio
106. Nightmare
107. Odin
108. Owl
110. Prowler
Ill. Psycho-Man
113. Quicksilver
120. Scarecrow
122. Scorpion
- 13-
JA771
Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page279Page
Filed 02/25/11 of 301
15 of 16
125. Silvermane
128. Spider-Slayer
129. Spider-Man
130. Stiltman
132. Swordsman
CONHD~NT\i\i.
- 14-
JA772
.. Case 11-3333, DocumentDocument
Case 1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-4 509510, Page280Page
Filed 02/25/11 of 301
16 of 16
151. Thor
153. Tinkerer
155. Toad
156. Triton
158. Ulik
159. Unicorn
160. Unus
161. Vanisher
163. Volstagg
164. Wasp
165. Whirlwind
167. Wizard
168. Wonderman
169. Wong
171. X-Men
172. Ymir
- 15 -
CONFIDENT!!\!.
JA773
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-5 509510, Page281 Page
Filed 02/25/11 of 3011 of 3
EXHIBIT 35
JA774
.
WHEREAS, Marvel Entertainment, Inc. ("Marvel") and Stan Lee ("Lee") are
parties to an employment agreement, dated as of November 1998, as amended by a
Settlement Agreement between Marvel and Lee dated April 30, 2005 ("Employment
Agreement");
WHEREAS, since the execution of the Employment Agreement, Lee has
provided a variety of services to Marvel, including to its subsidiary Marvel Characters,
Inc. ("MCI"), within the scope of his employment, including but not limited to writing
comic books and introductions to collections of previously published works (the
''Works") for which Lee has been compensated accordingly,
Now therefore, in consideration of the payment of $1 and other good and valuable
consideration, the sufficiency of which is acknowledged, it is hereby agreed that:
(1) The Works were prepared by Lee within the scope of his employment;
(2) Neither Lee nor his successors or assigns will challenge the work made
for hire status of the Works, or any others that he may create in the
future for Marvel and/or MCI from time to time;
(3) If, for any reason, the Works shall be determined not to be ''work(s)
made for hire," Lee hereby assigns all right, title and interest, including,
but not limited to any moral rights to MCI in (a) the Works, and (b) any
materials hereafter prepared for Marvel and/or MCI by Lee;
(4) Lee and his successors and assigns agree to cooperate with Marvel, if
requested, to execute any documents Marvel reasonably requests in
order to effectuate the terms of this acknowledgement.
{00032172 EB}
CONFIDENTIAL MARVEL0005214
JA775
.
STAN LEE
By:~
{00032172 EB}
CONFIDENTIAL MARVEL0005215
JA776
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-6 509510, Page284 Page
Filed 02/25/11 of 3011 of 2
EXHIBIT 36
JA777
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-6 509510, Page285 Page
Filed 02/25/11 of 3012 of 2
,. ..::~~~--
.·· .
_.,
.
·. ..,./..
·
~
··.·-~-
. .
~ . . ~
·•...:~
... ::." .
·--~
CONFIDENTIAL
MARVEL0008187
JA778
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-7 509510, Page286 Page
Filed 02/25/11 of 3011 of 2
EXHIBIT 37
JA779
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-7 509510, Page287 Page
Filed 02/25/11 of 3012 of 2
e)c.lo
and betwee~GR~~~NT ,-;;A:~e;Jhis f;-4 da:
residing at .l·.t;.'Z..
of r , 197 {'-, by.
-· Yt~te..t<JK.... p,::_.t ..>!AN fC:VJ::.?-) c.:A · q~·7.Tt-
(herein "Supplier") and the Ma:tvel Comics Group, a division of. Cadence
Industries· Corporation, 575 Madison Avenue; New York, NewiYork 10022
(herein "Marvel").
This Agreement shall be· binding upon and inure. to the ben:-
fit of the parties hereto and their respective heirs, successors,·
administrators and assigns.
CONFIDENTIAL
MARVEL0008220
JA780
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-8 509510, Page288 Page
Filed 02/25/11 of 3011 of 3
EXHIBIT 38
JA781
.
Gentlemen:
I can't recall whether or not contracts were signed in those days. Pages were stamped
on the back 'work for hire'. It was my responsibility to pay attention to the 'front' of the
page! In the narrow field of comic art, one either worked 'for hire' or didn't work! Today~
81 years and most of my si~ht gone, I am finishing my final Captain America for Marvel,
"Captain America Civil War .
In all my years with Marvel, I've never been protected with retirement benefits.
As Marvel has built their empire into a multi-billion dollar iconic company, it has been
hard for me to feel entirely good about a company that has left me with no means of
compensation for my years of dedication and the realistic art that made those
Superheros and Villians so loved. I'm here to correct that oversight and appeal to your
sense of justice as honorable men.
I'm requesting a lump sum package of $1.5M to take care of my retirement needs.
Marvel has a great opportunity for positive publicity as a company that remembers
and takes care of 'their own'. The darker side of that would be publicity that would
tarnish their reputation. It's not just Marvel's fans that are world wide, but mine as well.
I speak on behalf of myself only for no other artist has done as much for Marvel's
success as much as me and for as long. I'm agreeable however, to keeping a
settlement with me private as you may wish.
CONFIDENTIAL MARVEL0013504
JA782
.
To quote one of America's greatest playwrites "A man is not a piece of fruit, you can't eat
the orange and throw the peel away!"
CONFIDENTIAL MARVEL0013505
JA783
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-9 509510, Page291 Page
Filed 02/25/11 of 3011 of 3
EXHIBIT 39
JA784
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-9 509510, Page292 Page
Filed 02/25/11 of 3012 of 3
MARVEL0018249
JA785
CaseCase 11-3333, Document 74,
1:10-cv-00141-CM-KNF 01/26/2012,
Document 66-9 509510, Page293 Page
Filed 02/25/11 of 3013 of 3
MARVEL0018273
JA786
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-10509510, Page294 of
Filed 02/25/11 3011 of 7
Page
EXHIBIT 40
JA787
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF Super Heroes
74, 01/26/2012,
66-10509510, Page295 of
Filed 02/25/11 3012 of 7
Page
Super- Problems·
by· Nar- F'recdland
Nt.w 'lcx'K. HeroJd. f(,'b4Jne.:
·.
Sw-doj ~~a. ZitU. .,
Jo..n~AW'3 q, I 'ill~
~ ~~3~§;.~rj§i~·~~~~~···
One-
b,& oheiiQdliU.villaill' ••
r...,..u..,boaroi~.• bilo•kt•l. shnt record in.-.
Earth from-:·. .·
sbo-COIDiict fofCe'. rayJ bombard• :
pictun'
Still: Leet. chief- writer-editor of "farm: . i
Coralcljlrelfj;producti!D ram Sol.IJrocbkJ,~'h'•• not dear.;· · ;
rhutfietra)'ltiiW'h~·-~H'etblabfouf-HCORdll.. I
•n~!ht!itpencittiii(ZIJG, ZIX. ZIK: at the-JIOina:ot i~-·1
P"""-_lli'O:olhtc.eomic.lioolt!. "'"_·-.wou. lcl h••.,_ wurecl· do a~·.!
le"".~-"111< thin.,\wbat'.coomle- forte: rayuouol'.lilfei..-:·.·1
nrejr,;,W!I;.Lf:ll'uwJ!IitJwritt.....:-~· ....oz-.pll"o,.SOJDeOO.·:·!:
hiiojp~ ' II . Q; • .•. ' · . ·. . . ·
'. t.~.~~~.O::.n;~;;~,;. v~;li.... ~.~.;;,:.M~dJ.q
•.m_~-
·-. ·: "'~-~-u:.roobl_i•e.:.at. R.~ H•rrilonrt..Ho'-' "'"'.•. j
th~li~l'\••lllli_humorous·~ thlnnlio&~t: tuto~uL. :j
ltl'q_~~b~I'TWlrdrabtoiD'capriYr. .:.j
:uldl'~~·nat~~ttdial-troasworkini""""Tuadar~e·A
Tlltln.liti\$'rit1a~J111111.tl Suedal'!'-hD-aubur.,_ ltrrratr.f ·~
cr~~~Jdioiicioil'm-complote;M'arYftmap'""kl"-' - . ·•
· 1-H'!ilaiJi,..,. iriaOcl!miinfo.w doa~a.fiaereprocb~cti....<, ·1
oi-:~·'f~.Cila~~.OiCa: wrinre: h~arin~OG· rha,
d . .~lftltifMWJ bacJolft.Ocmlien That-~ lXI tho~· l
p........Mimi·COaolcaat63SiMad~Aftllultlllctuidi;.:.j
• Ho~: tb;... t.- Yeclnico- FeU!nio. L liQ, vory- muda. youo.v ;
coririillt,rtt .... bOUIO' r ..,_ f t )'0111 rn !'~ . I
· ti':J...il _.t.a.pu- Som.bodp ha~:':. 'I
<hotnt,,tliW:a couple of·l:eo',. Marnl· ·
maateip'-a<• whiJa, ...... KR¢ItaiW.,.
filmO.~ ,..., rubcl.' ou~ witll•
vi.U.,'•~'.tfuo.. H'ateli Pierre.. Fellini~.
runiecl',P·atSian Lca't ofliCtwitb,.
a.- riled:Uio·iud~ mtourap~ hia..
lint! da,; ouD of- aickbect;..
. H•'•· nC.,...~· sap
-·to•.'
•• his.Yilla··
Roma l'mauppoaed to taklt'·
iWrtoc..Ud:· conYention. when~
rhe Swut c••rit1· -
a biwr audience· than.·
wheo hct spoke l>~t
- of rhe hippnt Khoolt
un Seaboard. Co-cci dormitories!
From thofrr Lcape to the PaciticCourCon-
ference• 12.5 campusn han thrir own ch:apter
ol thct ":l.leny Manel :l.hrchin11 Sociery," The
~l.lf.ll.S. ia at Odord and Camhridate, too.
Pre-call- "'•"•' lana at times ha•e raken
ro assemblinc on rhe comn of ~hdison :md 58th
Str«f. wariac wildlj wirh home--made signa whM·
cover anybodr :appean at the wcondwllnor windows
of llanel's three workrooms. "Like \v-e were rhr
Rr:atln or somethina.'' Lee muse1.
In terms of the rul world, ;~JI thit adulation
mnns rhar lbrnl circulation has triplf'd in three and a
half )·ear5. \Virh an .1nnu~l..::ircularion of JS million, .\h.rvd
(which puts out 17 :~uper.rype cumic hnob) is now :1 cnm..
f,uuble numbu two in the comia industry, ;:n11ually
r"tl~:in.r up nn the lonlt·t:~rahH~hrd Superm;an D. C. lin~.
~~~ nther rnmic boule puhli~hrr ,·:tn :ehmr anyrhina: lik~
JA788
.\1arve11 pnenomcnon '"''ca a:,tunu, "' u•c: .,,,·u•"'•• ••.- .. - ... -
.u·y h:uoretl of promorion tie· ins· is. Maninc to bloom, tu•t.
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012, 66-10509510, Page296
Filed 02/25/11 of 3013 of 7
Page
Forry thousand.lhrvelirea havr come: up with a dullar for•
rheir llerrr lla"el llan:hinlt Soo:ietr kiu. In the worb
:\re plasrie- modtlst .:amU',!. a Spidcr-MIJI. jaza record.\
:\ncl a telnision- cartOOII'" seri~~
"\Ve reallr· nerer e•pened'. all. thio, yo..,.;
knOw," Le-e admits. ur me:ua it started-out· aa. ·
• gorr, mootly. I just thouidtt maybe it.woulrl .n.c;:;-....
~1\1
he worth rryina. to UPIJ'ade. the mapainet:-
' little bit Audierrcn· nerywhtrtr' """"
~ettinc: hipper th.,. days.. Wh,· not' the'
«>mic bnnlo; audirn«• too?· And. rh--
>11 ot a suddat we-weregett~ 50()-.
Ietten a rta,.about.what ltrtlt'lati,..,. ·
rh'""' ttorift' were; anrl hOW!>,;,_.· ·
•i/ir..r.. \Vi: uted' tr>lfOI' abou~ nne: .
lettel' a year·••• 6t/orr...~ : '
Refcirot.St ... Lee droamerl•uP"
the- ••ltarnl• A~t: oi_ COmicaJ~ int~
196t.· Wlim·Lee wmt 10 worlo fo.,•·
rhe- comic. bonk diYitiOII' of< l.fartiti<·
C".Oodnw{o. publishlne: outfil:l he ,.,..:,
th ynfl'. old< B;:. 1961! .hi. hadl. ""-' t~l'i
maaufacturina ......Wttripornthe:..m.. ,.,C.I.o
.,...,.._.fot20'ye.,...dt'wu uttlDc'h»W-o -• .• ,
ri~.-. . ... ' .-.... ' .. ':_:· ....~~···~-~..·;~.:.;...;:·
JA789
l.t& c:llla· Rtra· Grimm. ":a. tnRiet rDDftlter who: chrer&~~
Case Case 11-3333, Document
1:10-cv-00141-CM-KNF
hionHII 74,the 01/26/2012,
Document
up hy a.:tinlf doWlt •••66-10 509510,
a goo.l m:anFiled Page297 of
witb a 02/25/11 3014 of 7
Page
hearr:• The· ThiiiJr. ralkt• like jimmr: Ounnt"' antl.
1:00<1-: re- te>• be> biller• A'
rocket mi.hap with ..;...,lei raw• .,,..;,~
. _, tha· rat oi.th•l'.F. iuper:po••~ri~
that caa
wilt. be I
Buc·it~:M~~~:kt,;~:;·:!~
Baa:_.
....., u. ...O.a...w. ahockirtc; klaciiJ; .,w, Unci..
UaJI(...,.;r!Jao,..he;wme:iaro. abo. biii;. HI* ·
bali•'- hia iaataD& telnislta otdd- Biiull&o tril,...,,ai
libo maoit-ot-.Splda-;Uaa'li brief;..._ ol> wlctorn;
tumedotliOaab-<,::·. ·- .. ·
JA790
ro Srate Document
Culle.:e ;uulDocument
supplemen-ts freelandn~ news
it by509510,
Case Case 11-3333,
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-10 Page298 of
Filed 02/25/11 3015 of 7
Page
photos. His ~peciahy is •lelayed-o~tion pi:oc of hia spider self
in combat. It's not much money-Peter Parker is a lousy
businessman-but. at Inn it picks up the tab lor Aunt
:\by's many hospitaliz:uions.
The Hulk ia the mo111 unstable character in the history
of comic hoob. At first, scientisc llruce Banner- ond the
jull,. .:reen mnnater had a ~:amma.ray induced Jekyll-Hyde
~~tenaiJC}'. But now the Hulk is in permanent poaseuioo.
havin~: absorbed some of. Banner'i I.Q. but none ot his·
peaceable' wayso H ulky will b.Uh anythin.r that ~:~m in hi.,
•var-indudinc· .llarvel't other super heroes- and the· U. S.
ur SoYirt Armed F orus.
Tlior; th., Norse thunder~. recend,.· had to ---··
rake an, elnaior to' rhe to!) ot a midtown sk,..
~raper before he could· lly oil' to Asia tta.stop.
a rampacinlf supe~ witda..Jocror-becallle'
cop· wouldn'c let· Tlior. whirl· hi., mallie.;
hammer on a crowded street. A wom110·
i~. th., ele~r11toJr loobd' up at. Tlio~·s.
shoulder•lenctb' blond. c:urlt- and
mused;~ "Tliao- REMINDS, me-1'111'
Jue fo" a PER1U.ANENT'ar-~--··••
P'racricall)\ enry· COIJtumed: hero
i~ Lee't RCW· lofa'noel- Comio mJth--··
oiOIQ' displaces enou(l)l symbolic wci~:ht:
ro bec:omestriat for :m Englislr Lit I'll. D.
thesis.·
The. unrcmitrinalJ. rraKic Hoa- Maa
. usuallr· h... to shlepr home- hi. rranaiator•.·
powered-armor for rec:har«io&\aftcrali~thr..
Sin~' h~ hnat. (c:he"-edt up• hr- VIet Conl(c:
buller&) ii alao tnnaiatorizcct..rhiz tend~ to be-.-
como- a trickr business. Daredml; rmnl. of·.
only •n•
~ famou• comic: boolr. name, ia now the '"orld'•
malted hera; He strul!ales. tnr,ou~:Jl'-"
"'itll' hia indomitable will and. '.'r~dar ---·--·"•
acquired b,- getting run oYer with a rruckful of uranium.
Equall,· indomitable is the unahucn; cipr-chompina Nick
Ftiry, ,.,ho. function• simultaneously in· S,t. Fu1 ,,,/ hi1
/I owl)•# Comnr•,Ju, and Nir! Fur1, .I tnt o/
S.H./.K.L.D; A black cye·patth disrin~tuiaha the post. war
Fury from hia military self.
Howner; Captain America, that fightin~t hero of
\Vorld War II, comes on more like Captain Anomie these
Jays. R~turnin& to acrion in 1963. alter 18 yran of sus-
pended animation in an icebur&, he tlon more broodin~t
uvn his destiny than any l:aptain 5incc Ahab. "The TL\IE
I Jiye in belonp to others. ••. The only thin& that's right-
iully mine is my ·PAST. Can I ncr lor~~:et !JUCKY, the
trenoger who was like ~ brother to me? \Vhat has bec:omr
ul SGT. DUfo'FY?"
Lee ohvays provides lull backstaj!e nedits lor these
rJli\."S:
IJombastically Wrimn hy ... Stan Lee
l!rilliandy Drawn hy .•. Jack Kirby
ll'~fully Inked hy.,. Vin.-e l:olttra
~~~~ly Lenmd hy •.. Artie Simek .
llti-.~ to. :'in derail of the month's nutput is run
minor;fiil'Jliarnlitr•
_., ..•. In •in~:le mot fur prai•e in the lene,.
P:ll:f'' .. .
JA791
"The art wa. ~rut, t!'Pftiallr Pillt .S. l"anel
Case Case 11-3333,J, Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
Document
which W:ll· il perftct of rhe509510,
66-10
rendition Page299 of
Filed 02/25/11
h. am's 3016 of 7
Page
coiTf'Ct.''
~ o error i1 too minOr for complaint· •• :
••••• .tml. Cap' had~ m. 'JC where hit
•tar shoulcl baYW """ nn hie <hoot.!'
Yaunc drnma.· of: romancr appea~·
ohm in· thn• Plllft'• H
JA792
Case Case 11-3333, Document Document
1:10-cv-00141-CM-KNF 74, 01/26/2012,
66-10509510, Page300 of
Filed 02/25/11 3017 of 7
Page
maU.:diJ.
A&eofc....-..
berStaaLcehun'r
th6. ,.,.a. that:. wOlD(
hina tlue .. thtc:.
priaftior... Ht..U
Trii••-'•·MBf~
...,N... of.U.
\Vcek-:- teen·.
cootnt hack ·
at o16·· ~~~~~~
O.Wi~
C.:lia-:
H.S.
JA793
Case 11-3333, Document 74, 01/26/2012, 509510, Page301 of 301
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Special Appendix/ Joint
Appendix were served electronically by the Court’s ECF system and by priority
mail on those parties not registered for ECF pursuant to the rules of this court.
Pursuant to Local Rules 25.3 and 30.1, six paper copies of the Joint Appendix and
Special Appendix have been mailed to the Court on the date this brief was
electronically filed.