Simon Says

Also over at The New York Times is this article which explains that Joe Simon has settled his lawsuit with Marvel Comics over the ownership of Captain America. (Here's the same article via Google News for those of you who fear registration.)

This is not a surprising development to anyone who's been following the case. Most lawsuits of this type are settled out of court and even most of those that do have genuine verdicts are appealed and reversed and re-appealed until they're settled and both sides have something they can spin as a victory. Simon lost the first battle, won the second and now they've written him a check that I presume makes him happy, while Marvel gets to keep Cap in their stable.

This was always the way this one was destined to end. Still, it's been fascinating to see how it's been debated in the message boards and newsgroups of the Internet. Joe has alternately been cheered-on and condemned, the latter sentiment coming from fans who openly trembled at the notion that Joe might establish ownership of Captain America and wrest the character out of the Marvel Universe. I can't find one of his messages at the moment but about a year ago, there was one fellow posting and e-mailing me to express his horror at the notion that the intricate mythos of Marvel might be ruptured. I think he even went so far as to suggest that out of respect for the 9/11 victims, Simon should drop his suit because not only does the world need Captain America more than ever, they need him in The Avengers. I don't think the guy was kidding, nor were others who were less hysterical but still felt that their precious continuity was more important than creators' rights.

One message really hit a tender spot with me when it suggested Simon was being "greedy." This is one of the greater loads of dung that is frequently dumped on creative talents; that it's somehow undignified or ignoble for a writer or artist or even actor to fight for money. It's fine for a publisher or studio to finagle every possible nickel out of every situation. After all, they're businessmen. But creative folks, we're told by many (among them, those who want to keep all the money for themselves) are supposed to have a less altruistic raison d'être. They're supposed to put everything ahead of the paycheck. Having seen a lot of creators royally screwed by that argument — and even getting reamed myself a few times because of it — I was glad to see Joe Simon not retreat from a battle. Neither, of course, does Captain America.