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Posts: 1816
Jul 31 11 8:34 AM
droid714 wrote: sfcityduck wrote: No. Marvel didn't pay for stories. They paid for pages. Jack Kirby was paid a page rate not a story rate. But, when he presented a page to Marvel, Marvel wasn't obligated to pay for it. This begs the question: Who bore the risk for the work? Marvel or Jack? It was not unheard of for Marvel to reject some, sometimes all, of the pages for a story with no payment to the artist. Think of it this way: If Jack was being paid $50 a page, and was assigned an 8 page story, he'd get paid $400. But, if he presented an 8 page story to Stan, and Stan didn't like two pages, resulting in Jack having to draw two more pages, he still got paid only $400 even though he'd done $500 worth of work (10 pages). So Jack would be out $100 worth of effort. Put simply: Jack bore the risk that the pages he submitted would not be accepted. That will be the crux of an appeal. Jack bore the risk of the story not meeting Marvel's approval, not Marvel. In theory, Marvel bore no risk in giving an assignment to Jack. If they didn't like the story he turned in, they didn't pay for it. Why should Stan (or Marvel) be expected to pay for pages that don't meet their quality expectations? If Stan (or Marvel) did pay for the two unacceptable pages, then Stan (or Marvel) would be out the $100, since those pages would still need to be re-drawn. Since Jack was responsible for the unacceptable work, shouldn't he also be responsible for the financial loss?
sfcityduck wrote: No. Marvel didn't pay for stories. They paid for pages. Jack Kirby was paid a page rate not a story rate. But, when he presented a page to Marvel, Marvel wasn't obligated to pay for it. This begs the question: Who bore the risk for the work? Marvel or Jack? It was not unheard of for Marvel to reject some, sometimes all, of the pages for a story with no payment to the artist. Think of it this way: If Jack was being paid $50 a page, and was assigned an 8 page story, he'd get paid $400. But, if he presented an 8 page story to Stan, and Stan didn't like two pages, resulting in Jack having to draw two more pages, he still got paid only $400 even though he'd done $500 worth of work (10 pages). So Jack would be out $100 worth of effort. Put simply: Jack bore the risk that the pages he submitted would not be accepted. That will be the crux of an appeal. Jack bore the risk of the story not meeting Marvel's approval, not Marvel. In theory, Marvel bore no risk in giving an assignment to Jack. If they didn't like the story he turned in, they didn't pay for it.
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