There's this controversy going on regarding writer-editor Roy Thomas being newly named as a co-creator of the Marvel character Wolverine. It's raging on several comic book forums and it's the kind of discussion I don't like — the kind that involves people I like and respect fighting with other people I like and respect. There are folks on the 'net who seem to enjoy watching others fight. They often remind me of the sentiment expressed by the eminent philosopher and hamburger-eater, J. Wellington Wimpy…
I don't like those fights. I said most of what I had to say about the Wolverine matter in Part 1 of this series of articles. Then in Part 2, I talked about how creator credits have often been a problem in the comic book industry. I'm writing this part because in the back-and-forth over Wolverine, someone on Facebook reposted a hunk of an interview Roy did some years ago. Read it and then I'll tell you why it struck a major chord with me. This is Roy…
I remember Stan [Lee] and I got into a good-natured argument ten years ago in L.A. I wasn't even working for Marvel at the time, and we had lunch. He talked about people like Stephen J. Cannell and television, saying if Cannell comes up with a general idea, and wants a few people running around doing this and that, and calls them the A-Team, he's created that. It says "Created by Stephen Cannell."
And I said yes, but that's a function of power, not of creativity. It means Stephen Cannell has the power to say he created that thing alone, and other people buy into that by agreeing to sell their work for work-for-hire, or for other financial deals. But it doesn't mean he really created the whole thing just because it says so on paper. That's a legal thing. It's caused by his power; you either play by his rules or you don't play. It doesn't mean he really created the A-Team all by himself.
I heard that theory from Stan not once, not twice but at least four friggin' times over a couple decades. We'd get to talking about how I felt Jack Kirby (and others) deserved consistent creator credits on Marvel properties — properties for which if anyone had been so credited, it was usually Stan alone.
Stan's position on who first suggested what changed from time to time, at least with me. Sometimes, in private, he could be surprisingly generous about such matters. But when he was in his "everything started with an idea from me" mode, he would say the same thing he said to Roy; that he deserved sole creator credit the same way Stephen J. Cannell got sole credit as the creator of The A-Team (and before that, The Rockford Files) because he had the initial idea.
Each time, I would tell Stan he was wrong. In fact, he was wrong two ways: The creator credits on a TV show are not determined on that basis and Mr. Cannell did not have sole credit as the creator of either show. If I'd been present when Roy told him the above, I would have told Roy that he was wrong too. In many areas, comics sometimes included, someone does exercise power to claim credit for the work of others but not on television shows produced under the Writers Guild contract.
This is not something new. The Writers Guild won the right to determine credits back in 1942 and it was a long, hard-fought battle but one the Screen Writers Guild (as it was then called) felt was necessary. Before that, you could write a script and the head of the studio could award the screen credit to his idiot nephew or himself or anyone. The actress Mae West famously, as a deal point in some of the contracts for films in which she starred, demanded that she receive the "Written by…" credit no matter who actually wrote the movie.
That's the kind of thing Roy was talking about when he mentioned credits being awarded as power plays…and it has happened in comics. But since '42, creator credits and writing credits on TV shows have been determined via a strict credits manual and principles established by the Guild. The rules have sometimes been refined and changed but there are rules…rules Mr. Cannell, by virtue of his long experience writing television, understood and played by. I'm going to simplify the rules way down here for you. On a TV series, they almost always have to do with who wrote the first episode, sometimes referred to as "the pilot."
If the show is based on existing material, the proper credit for the resultant series is usually not "Created by" but "Developed for Television by…" Example: The TV series M*A*S*H was based on a book and a movie. Larry Gelbart wrote the pilot that launched the series. Therefore, every episode of the series had the following credit…
This does not mean no one else contributed anything and Mr. Gelbart often spoke of how much input he got from Gene Reynolds, who was the guy who hired him. Somewhere in there, I'd wager, there were ideas and suggestions from Alan Alda and various folks at the studio and the network. It was not even Larry's idea to base a sitcom on the book and/or movie.
If the show is not based on existing material, the proper credit is "Created by…" For instance, the pilot for The A-Team was written by Frank Lupo and Stephen J. Cannell. Ergo, the creator credits on the series read as follows…
So Stan was wrong that Stephen Cannell is the creator of the A-Team because he had the original idea. Cannell may have had the original idea or maybe Frank Lupo had it or maybe they had it together or maybe someone at NBC said to one or both of them, "Y'know, we might be interested in a show about a bunch of people running around doing this and that." The creator credit doesn't tell us who had the idea. It tells us who took that idea and fleshed it out into a workable script for a first episode — one on which others could later build.
Like I said, I told Stan this over and over…and each time, he'd say, "Oh, that's interesting" and then a year or two or five later, I'd be telling him how I thought Jack should be credited as the co-creator of Fantastic Four and Hulk and X-Men and about eighty million other comics 'n' characters that many of us could itemize…
…and Stan would tell me that if Stephen Cannell comes up with a general idea, and wants a few people running around doing this and that, and calls them the A-Team, he's created that and it says "Created by Stephen Cannell" and then I had to explain it to him again. And meanwhile, Roy was wrong that the credit was a function of power. Cannell didn't own the studio for which he and Roy Huggins wrote the pilot for The Rockford Files. But since they did write the pilot, the "Created by" credits on that show looked like this…
As I understand it — and I don't think Huggins and Cannell had differing versions of this — it was Huggins who came up with the basic idea after James Garner said something like "I'd like to do a TV series where I play a detective." Huggins then wrote an outline and then Cannell wrote the teleplay. You'll notice that no part of the "Created by…" credit goes to James Garner. He was not a writer of the pilot.
The Guild bases all its determinations on "literary material." A lot of people have thought that they were entitled to a writer or creator credit on a TV show or movie because they claimed to have verbally tossed out an idea somewhere at some point. They may indeed have come up with an idea but they didn't write it down. It was never turned into "literary material," which the Guild defines thusly…
Literary material is written material and shall include stories, adaptations, treatments, original treatments, scenarios, continuities, teleplays, screenplays, dialogue, scripts, sketches, plots, outlines, narrative synopses, routines, and narrations, and, for use in the production of television film, formats.
Note the phrase: Written material. If you'd like to read the whole credits manual, it's available to read online or download here.
I am not bringing all this up to suggest that these rules should be applied to comic book creations of the past or even the present. No one ever agreed to that and I have a hard time believing that there will ever be a universally-accepted credits manual for comic books.
Still, if anyone ever wants to try assembling one, the Writers Guild model might be a good starting place. It's one of those "not a perfect system but it's the best we've got" things. It doesn't completely do away with arguments. It just cuts down on them and provides some standards for those discussions. There are still people who get furious and even litigious when they think they have been robbed of their rightful credit on a TV show or movie.
I was part of the Guild's Arbitration Committee on a couple of disputes where someone didn't like how we'd decided the credits should read and I was once…well, "furious" is way too strong a word. Let's say I was "disappointed" with the way the credits were decided on one project on which I worked. But I accepted the verdict and respected the process. I was glad we had a process because, like I said, it cuts down on situations where people I like and respect are fighting with other people I like and respect…like we have now over Wolverine, soon to be a major motion picture.
I have no idea who wrote the screenplay but the name (or names) you'll see on the screen will have been determined by a process developed over the years and employed on thousands of TV shows and movies. The process has been refined over the years and it's administered by neutral parties after studying all available written material and (probably) statements by participating writers at the time the movie is completed.
Meanwhile, the names you'll see credited as the creators of Wolverine will be there because one or more people in current management — people who weren't involved when the character was invented a half-century ago — made that decision. I wish comics didn't do it like that but, alas, they do.
TO READ THE NEXT PART IN THIS SERIES, CLICK HERE.