Howdy, Stranger!

It looks like you're new here. Sign in or register to get started.

Is Brubaker going to get paid from by Marvel/Disney since he created the Winter Soldier?

Based on the conversation from Ep. 1256 concerning SDCC I was wondering about the news that the next Cap movie will be about the Winter Soldier. The guys mentioned that Brubaker CREATED the Winter Soldier and we know it paid off big story-wise. So well in fact that they are making a movie about it. I hadn't really thought about that yes he CREATED the Winter Soldier so that made me really wonder about payment. My guess is he doesn't own the character and since he didn't hear from Marvel about them using that storyline then he doesn't get a dime. I know he is leaving the book to do more creator-owned work so it makes sense now except for that decision came before this announcement.

I guess we can only guess at what his deal is if any. Does he get any reprint profits since Marvel will push the trades that carried the story? Toys? I hope he reaps some kind of reward for pulling off bringing Bucky back.

But know I am thinking he created the Winter Soldier but not Bucky so is the Winter Soldier even considered a separate character? I am guessing that the Joe Simon estate doesn't see a dime just film credits. Just guessing.

Thoughts?

Comments

  • EarthGBillyEarthGBilly Posts: 362
    Winter Soldier can be seen as a distinct character, since Superboy has been judged as a separate character from Superman.

    That said, this is likely work-for-hire, and there is very little chance that Brubaker will see a penny of money from it.

    Which, incidentally, is why we'll see more creators adopting the Mark Millar stance on working for companies.

    Quotes from Millar:

    "There are advantages [to work-for-hire] as well, though. I won’t say that I’ll never do company-owned again, even though I make more money from my creator-owned work."

    "It’s financially so much smarter to do creator-owned, but sometimes it’s just fun to write those classic characters. Sometimes you write something not for money but just because you love it. "

    And, here is the clincher:

    "I like the Marvel and DC guys, so I don’t want to do any name calling. But I don’t like them so much that I’d create a character for them."

    The companies have managed to make the creators hesitant to create for them. Excellent.

    This will work out well.
  • WetRatsWetRats Posts: 6,314

    The companies have managed to make the creators hesitant to create for them. Excellent.

    This will work out well.

    Not really a new development, but the rash of successful comic-based movies has brought into sharper focus.
  • He should atleast get a random cameo appearence!
  • AxelBrassAxelBrass Posts: 245
    Jeesh - all this hassle. Give the man a screen credit and throw a little green his way, for goodness sake. Let him contribute to the story and get him some money that way.
  • SolitaireRoseSolitaireRose Posts: 1,445
    It's going to depend.

    We don't know if they will be using his "Bucky is the Winter Soldier" concept, or just the phrase, or is Cap will face someone who was kept on ice for the same amount of time he was, etc...

    It will also depend on his contract, what Marvel said they would pay for and the like. I have heard in interviews that Liefeld gets a check for Deadpool and Cable merch, but we really aren't privvy to it.

    He could also be left out in the cold, Bucky is a character owned by Marvel and all he did was give him a new name in the eyes of the courts.

    In a perfect world, he'd get a check even if the contract doesn't say so, kind of like the checks DC used to cut to people when their concepts were used in movies. But, as we have seen by the Kirby lawsuit and Before Watchmen, the world ain't perfect and it all boils down to the Golden Rule: He who has the gold, makes the rules.

    "Whose magic?" Cerebus asks. "I paid for it," says Weisshaupt, "My magic."
  • WetRatsWetRats Posts: 6,314


    "Whose magic?" Cerebus asks. "I paid for it," says Weisshaupt, "My magic."

    Nice quote!

    "BOOM!"
  • WetRatsWetRats Posts: 6,314
    BTW: I heard Brubaker interviewed (on Word Balloon, maybe?) and he didn't know until the announcement at San Diego, and he was thrilled.
  • DoctorDoomDoctorDoom Posts: 2,586
    edited August 2012
    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.
  • David_DDavid_D Posts: 3,881

    kind of like the checks DC used to cut to people when their concepts were used in movies.

    It seems, at least in the case of Chuck Dixon and Bane, that they are still cutting those checks. As Dixon talked about in a recent interview with CBR.

  • matchkitJOHNmatchkitJOHN Posts: 1,030
    David_D said:

    kind of like the checks DC used to cut to people when their concepts were used in movies.

    It seems, at least in the case of Chuck Dixon and Bane, that they are still cutting those checks. As Dixon talked about in a recent interview with CBR.


    Well at least that offsets the money HE had to pay Warner Brothers to disassociate himself from the Batman and Robin depiction of Bane.

  • KyleMoyerKyleMoyer Posts: 727

    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.

    If I recall correctly (and I very well could be wrong), Len Wein has said that he got a BIGGER check from Lucius Fox than from Wolverine, emphasis on the word bigger because it implies that he did get something for Wolverine.
  • But would that happen with 'epic' runs? I mean, if a writer creates something pivotal for an existing character that changes or redefines that character then would that person get royalties for that character? Brubaker is an example of this (he essentially took the basics of the character and totally revamped it into a fully formed character on its own) and perhaps Johns with GL.
  • demonbeardemonbear Posts: 159
    They don't have to give him boatloads of cash...! To acknowledge what he's done via credits on the screen and a few $$ as a bonus would be a nice gesture.
  • demonbear said:

    They don't have to give him boatloads of cash...! To acknowledge what he's done via credits on the screen and a few $$ as a bonus would be a nice gesture.

    But is that really enough when they have redefined the character so much?
  • WetRatsWetRats Posts: 6,314

    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.

    When Paul Levitz was running DC, he really looked out for the creators and made sure they got credit for their creations.

    This apparently is changing under the new regime.
  • WetRatsWetRats Posts: 6,314
    edited August 2012
    KyleMoyer said:

    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.

    If I recall correctly (and I very well could be wrong), Len Wein has said that he got a BIGGER check from Lucius Fox than from Wolverine, emphasis on the word bigger because it implies that he did get something for Wolverine.
    I thought he got nothing but a paycheck for creating Wolverine.

    Prof: What does it feel like to see them on the big screen?

    LW: Emotionally, terrific. Financially, not so much. As I said, the difference between the two companies; DC and Marvel, is I see money off of all of my characters at DC in any incarnation. If they do paperback books, if they do movies… I also created Lucius Fox, the character Morgan Freeman plays in the current run of Batman films, and I do absurdly well off of him being in those films, financially. Because Paul Levitz made sure I signed creator equity contracts whenever I create a character. Even on something potentially so unimportant…as I said to Paul when I argued with him about signing a Lucius contract, “It’s a middle-aged guy in a suit.” He said, “Sign a contract. You never know.” He was right.


    http://www.wtv-zone.com/silverager/interviews/wein.shtml
  • jaydee74jaydee74 Posts: 1,526
    He'll probably have a minor character named after him in the same way Quesada had in Daredevil and he'll be credited at the end credits.
  • I think it depends on the nature of Brubaker's contract with Marvel.
    Also, if he doesn't receive a writing credit for the film (which he hasn't according to IMDB) he probably won't see much money. I just watched a great documentary about screenwriting on Netflix called 'Tales from the Script', where a guy talked about having re-written 80% of the dialogue for a film. Despite the inclusion of his work in the script, he received no writing credit on the final film and he received a fraction of what he would have otherwise.
    If Marvel doesn't give Brubaker a credit I'll be seriously upset. I'm so tired of corporate bean counters screwing talent out of the financial returns they so richly deserve.
    Even if Brubaker signed a contract that states all original work belongs to Marvel they should still do the right thing and give him credit.
  • TrevTrev Posts: 310
    If you haven't seen the kirkman v bendis debate from Baltimore 5 years ago check it out. It may be the closest you'll get to figuring out how royalties, etc flows to top talent. Kirkman basically puts everything in the open and forces bendis' hand a bit.
  • Trev said:

    If you haven't seen the kirkman v bendis debate from Baltimore 5 years ago check it out. It may be the closest you'll get to figuring out how royalties, etc flows to top talent. Kirkman basically puts everything in the open and forces bendis' hand a bit.

    Speaking of royalty debates, where is Tony Moore?
  • KyleMoyerKyleMoyer Posts: 727
    WetRats said:

    KyleMoyer said:

    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.

    If I recall correctly (and I very well could be wrong), Len Wein has said that he got a BIGGER check from Lucius Fox than from Wolverine, emphasis on the word bigger because it implies that he did get something for Wolverine.
    I thought he got nothing but a paycheck for creating Wolverine.

    Prof: What does it feel like to see them on the big screen?

    LW: Emotionally, terrific. Financially, not so much. As I said, the difference between the two companies; DC and Marvel, is I see money off of all of my characters at DC in any incarnation. If they do paperback books, if they do movies… I also created Lucius Fox, the character Morgan Freeman plays in the current run of Batman films, and I do absurdly well off of him being in those films, financially. Because Paul Levitz made sure I signed creator equity contracts whenever I create a character. Even on something potentially so unimportant…as I said to Paul when I argued with him about signing a Lucius contract, “It’s a middle-aged guy in a suit.” He said, “Sign a contract. You never know.” He was right.


    http://www.wtv-zone.com/silverager/interviews/wein.shtml
    Looks like I misremembered the quote.
  • TrevTrev Posts: 310
    Nice! Paul Levitz is just a stand up guy.
  • MiraclemetMiraclemet Posts: 258
    WetRats said:

    BTW: I heard Brubaker interviewed (on Word Balloon, maybe?) and he didn't know until the announcement at San Diego, and he was thrilled.

    I'm sure Brubaker makes a % off trade sales. Having a movie with the same title as your trade/hc/story arc (even if its only losely based on the concept) will surely drive sales and thus drive $$ into his pockets (more into Marvel's but that's the deal when you sign the contract).



  • MiraclemetMiraclemet Posts: 258
    demonbear said:

    They don't have to give him boatloads of cash...! To acknowledge what he's done via credits on the screen and a few $$ as a bonus would be a nice gesture.

    "nice gestures" have their ways of ending up as evidence 20 years down the road in lawsuits for ownership/creator rights....
  • matchkitJOHNmatchkitJOHN Posts: 1,030
    Amazing. Earning more money from Lucious Fox than Wolverine.
  • David_DDavid_D Posts: 3,881

    demonbear said:

    They don't have to give him boatloads of cash...! To acknowledge what he's done via credits on the screen and a few $$ as a bonus would be a nice gesture.

    "nice gestures" have their ways of ending up as evidence 20 years down the road in lawsuits for ownership/creator rights....
    I'm not sure that is necessarily the case-- as with some of the checks DC has cut to creators, I don't think deciding to pay a bonus acknowledging the creator actually asserts that they own anything. Nor, do I imagine, it even indicates any sort of binding guarantee of future compensation. (The lawyers on the forum, like Joe, could speak to this much better than my guess) but that is my guess. I don't think deciding to cut some checks would put the IP holders in any legal peril.
  • DoctorDoomDoctorDoom Posts: 2,586
    WetRats said:

    KyleMoyer said:

    This reminds me of how the guy who created Wolverine gets royalty checks from having created Lucius Fox, but nothing from, y'know, Wolverine.

    Yes, I know this is a different situation. This just came up in my head again.

    Normally, I don't care about the behind-the-scenes stuff, but that irks me.

    If I recall correctly (and I very well could be wrong), Len Wein has said that he got a BIGGER check from Lucius Fox than from Wolverine, emphasis on the word bigger because it implies that he did get something for Wolverine.
    I thought he got nothing but a paycheck for creating Wolverine.

    Prof: What does it feel like to see them on the big screen?

    LW: Emotionally, terrific. Financially, not so much. As I said, the difference between the two companies; DC and Marvel, is I see money off of all of my characters at DC in any incarnation. If they do paperback books, if they do movies… I also created Lucius Fox, the character Morgan Freeman plays in the current run of Batman films, and I do absurdly well off of him being in those films, financially. Because Paul Levitz made sure I signed creator equity contracts whenever I create a character. Even on something potentially so unimportant…as I said to Paul when I argued with him about signing a Lucius contract, “It’s a middle-aged guy in a suit.” He said, “Sign a contract. You never know.” He was right.


    http://www.wtv-zone.com/silverager/interviews/wein.shtml

    I feel like he also said something similar when CGS had him on for an episode.
  • Quite frankly, I think he should get royalties for creating the concept. That said, I don't know how his Marvel contract is structured. I wonder if companies like DC are giving creators royalties because they're contractually required to, or just to avoid lawsuits.

    Definitely an interesting question considering the current narrative of creator rights and such developing slowly for a long time.
Sign In or Register to comment.