Marvel Worldwide, Inc. et al v. Kirby et al

Filing 66

DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41-1, # 12 Exhibit 41-2, # 13 Exhibit 42, # 14 Exhibit 43, # 15 Exhibit 44, # 16 Exhibit 45, # 17 Exhibit 46, # 18 Exhibit 47, # 19 Exhibit 48, # 20 Exhibit 49, # 21 Exhibit 50, # 22 Exhibit 51, # 23 Exhibit 52, # 24 Exhibit 53, # 25 Exhibit 54, # 26 Exhibit 55, # 27 Exhibit 56, # 28 Exhibit 57)(Quinn, James)

Marvel Worldwide, Inc. et al v. Kirby et al

Doc. 66 Att. 4

EXHIBIT 34

Dockets.Justia.com

COF1!]ENT1AL
AFFIDAVIT OF STAN LEE

_____

j

STATE OF CALIFORNIA COUNTY OF LOS

ANGELES)

STAN

LEE, being duly
1
was

sworn,

deposes

and says:
1922 and

1.

born in

Manhattan, New York in

currently

reside in Los

Angeles, California.

2.

To the best of my recollection I

began

my

career

in the comics
owned

industry

in

1940

at

the age of

17, when I

was

hired

by

a

publishing
as

company that

was

by
a

my cousin-

in-law, Martin Goodman ("Goodman"), known

Timely Comics,

Inc.

("Timely"),

division of

Magazine Management Company ("Magazine Management"),
Goodman's

the umbrella company for all of in

publishing

lines. When!

came to

work for

Timely

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
then

to

add others. I

was

initially engaged

to

be the assistant to Joe Simon

("Simon"), Timely's
When!

editorial director, and to Jack

Kirby, ("Kirby"), Timely's staff artist.
from

began working
stories to

for

Timely,

my duties included

everything

running

errands to

proofreading

erasing
full-

stray pencil marks
time in

on

finished artwork and

preparing

it to go to the engraver. I

was

working

Timely's offices

as a

"gofer" apprentice.

3.

Timely

had

approximately
and
a

a

dozen

employees
on

at

the time I

began working

there and, except for Simon,

Kirby

few others, relied

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

CONFIDET1\L

responsible for,

the writer

was

expected

to

come

up with
to

a

story that continued from the last
up with ideas for
new

one

in the series. Part of the

job of the

writer also

was

come

characters,

including storylines
submitted would be
then

new

heroes, villains/nemeses and supporting characters, and introduce them into the

to

interact with the

existing characters. Simon,
any and all

as

editor, would review the stories
were

by

the

writer, make
on to

changes

he believed

appropriate,

and the story
was

passed

the artist that had been
the

engaged

or

selected

to

do the issue. The artist
the

responsible

for

taking

script

and

creating

the visual

depiction, including
drew in

layout

of the

issue and the looks of the characters. Because the artist then go those

typically

pencil,

an

inker would

over

pencil drawings
based

and render them in ink. Next, the instructions

a

colorist would then color

Photostats of the

drawings

on

provided by

the editor.

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
me

consulting

with

Goodman,

Simon gave

the

promotion

to

staff writer, and

we

agreed

that I would continue to work for

Timely

on a

full time

basis, and would continue
I wrote
numerous

to be

paid

a

weekly salary Timely.
as

as a

writer. Between

late 1940 and late

1941,

comic book issues for

I understood that,

as a

writer, it

was

part of my job

to create new

characters and stories,

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
At that

the characteristics of any

existing

or new

characters I utilized in the

storylines.
to the

time, it
were

was

typical

in the

industry

for comic book

publishers

to own the

rights

materials that

created for them for

publication.
with
new

I understood

that, because it

was an

essential part of my job
own

as a

writer

to come up

stories and ideas for

Timely, Timely

would

whatever

rights

existed

to

all of the

-2-

COkJ!9[11AL

materials I created introduced into the
materials.

or

co-created for

publication by it, including
no

any

new

characters that I

storylines,

and that I had

right

to

claim

authorship

to or

ownership

of those

5.

At the end of

1941, Goodman learned that Simon and Kirby

were

working
of

after hours for

a

competitor

and terminated them. He then

promoted

me

to

the

position

editorial director for the entire

Timely
a

line of comics. To the best of my

recollection, by this ultimately
for
had

time, Timely had approximately
the

dozen comic book titles.

Although
I
was

Goodman

right

to

control and direct the content of every

publication,

responsible

engaging

all

of the writers and artists,

assigning particular

writers and artists to each issue, and I also continued write

overseeing scripts,

all

of the creative and editorial aspects of every
was

publication.
to

to

and

paid by

the page for the

script

work in addition

my

salary

as an

editor. Between the end

of 1941 and the end of 1942,

Timely published nearly

one

hundred issues and several new,
I understood that it

important

characters

were

added, including characters that! co-created.
as

was

part of my responsibilities

both editorial director and writer

to come

up with

new

ideas,

including

new

characters, for introduction into the Marvel storylines. All of my creative
my time
as

contributions
created and I

during

editorial director for been

Timely, including
and
were

my

script work,

were

as a

result of my

having

engaged by Timely

done at

Timely's instance,
editorial

was

paid by Timely right

for all of these contributions.

During

my time

as

director,

Goodman had the
would

to edit any of the material I

submitted, and I understood that Timely
or

own

whatever

rights existed

to any

materials I created

co-created for

publication by it,
no

including

any

new

characters that I introduced into the of those materials.

storylines,

and that I had

right

to

claim

authorship

or

ownership

3

uiLJ:Ji/L

6. who had

On November 9,
to me, was

1942,

I enlisted in the army and Vince
to act as

Fago ("Fago"),

previously reported
I
was no

appointed

editorial director in my absence.

Although

longer

a

fWl-time

employee

of Timely, I continued to write for

Timely
mail.

on a

freelance basis while I would

was

in the army,

communicating
and I
was

with

Fago

and Goodman

by

Fago

assign specific

titles and issues

to me,

paid

on a

page

rate

for the work that I

submitted. With respect maintained the right
come

to

all of the work that I

submitted, Fago (and ultimately Goodman)
was

to edit my

work,

and I understood that it

part of my

responsibility
on

to

up with

new

ideas and

new

characters for introduction into the

storylines

the issues I

was

assigned

to

write. I also understood that
co-created for

Timely

would

own

whatever

rights

existed to any

materials I created

or

publication by it, including
no

any

new

characters that I

introduced into the

storylines,

and that I had

right

to

claim

authorship

to or

ownership

of any

of those works.

7.

On

September 29, 1945,
as

1 received

an

honorable

discharge

from the army

and resumed my

position

editorial director for
State

Timely.

While I

was

in the army,

Timely

had

moved its offices to the

Empire

Building

and had hired

more

full-time

writers, artists,

production expanded

workers and business staff. When I

came

back to

Timely,

my

responsibilities

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,
as

and

was

paid by doing

the page for the

script

work in addition to my

salary
was

as

editorial

director, just
as

I had been

before I left for the army. I understood that it
writer
to come

still my

responsibility

both editor and

up with

new

ideas for

stories, including

new

characters to introduce into the

storylines for publication by Timely. Goodman still had submitted, and
I understood that

the

right

to edit all of the material that I

Timely

would

own

whatever

rights

existed

to

any materials I

.4.

CONFIDENTIAL

created

or

co-created for
and that! had

publication by it, including
no

any

new

characters that I introduced into the
of any of those works.

storylines,

right

to

claim

authorship

to or

ownership

8.

For the next twenty three years, until the fall of 1968, 1 maintained my

position

as

editorial director for

Timely.'

I also continued to write

scripts

for

publication by
as

Timely,
specific
to

and

was

paid

based

on a

page rate for those
to

scripts.

In my

capacity

editor, I chose
the artist

titles that I wanted to

write, subject
was

Goodman's

approval,

and also

assigned

draw the issue.

Although

I

given significant

creative

freedom,

I continued to report to

Goodman and understood that Goodman had the ultimate stories and to edit my work the work

right

to control the contents of the

(and

by

anyone

on

my

staff)

if he deemed it

appropriate.

Indeed, there

were

several instances where Goodman edited materials that I had submitted for

publication
that my

or

suggested changes
as

to

storylines before

the

scripts

were

written. I also understood
up with ideas for

responsibilities
new

editorial director for

Timely included coming
a

new

titles

featuring

characters. When I

came

up with

concept for

a new

title

featuring
or

a new

character,

I would discuss the title with

Goodman, who would determine whether

not

Timely
I

wanted to commission had

me

to write it and my selected artist to draw it for

publication. Although
and agreement
were

no

written agreement with this entire

Timely,
year

it

was our

mutual

understanding

throughout

twenty-three

period that by Timely

my creative contributions
to create the

made

as a

result of my

having

been commissioned

works, and that Timely would
or

therefore

own

whatever

rights existed

to any

materials I created

co-created for

publication by
no

it, including any
to

new

characters that I created for

publication by Timely,

and that I had

right

claim

authorship

to or

ownership

of any of those works.

`In May 1963, Magazine Management/Timely changed
Marvel Comics.

the

name

of its comic book line to

CONFIDENTIAL

9. Film and Chemical the

In the fall of

1968, Goodman sold the entire publishing business
as

to

Perfect

Corporation,

later known

Cadence Industries

Corporation ("Cadence")
to

and

publishing division, including

the Marvel Comics

line, continued

do business

as

Magazine
and I

Management.

Goodman remained the

publisher of the Magazine Management division through

remained the editorial director for the entire Marvel Comics line
continued to write

March 1972. I also page rate in remained

scripts,
as

and continued to be

paid

for those

scripts

based

on a

addition

to my

salary

editorial director.

During

this time

period,

my

responsibilities

the same, and [had the

same

agreement with Cadence/Marvel Comics that all of my creative

contributions

were

within the scope of my
no

employment

and commissioned

by Cadence/Marvel publication

Comics, and that I had

right

to

ownership
any

of any of the materials that I created for

by Cadence/Marvel Comics, including
Comics

new

characters that

were

introduced into the Marvel

storylines.

10.

To the best of my recollection, in March 1972, 1 became the Publisher for

the entire Marvel Comics

line,

a

position
a

I held until 1978. he held

Roy

Thomas

("Thomas")

took

over

my

position

as

editorial director,

position

through
that for

sometime in 1974. When Thomas 6 months,

was no

longer by

editorial director, Len Wein took

over

position for approximately approximately
one

followed
Gene

Marvin

Wolfman,

who held the

position

year, followed

by

Conway,

who held the and

position for

one

month, followed by Archie Goodwin, who held the
Jim Shooter, who held the
my former

position for
1978.
the

one

a

half years, followed

by

position beginning

in

Although
to

the various editorial directors took
of the comics

over

responsibilities

of running

day

day operations
as a

line,

I had the ultimate

responsibility

for the entire line
I

and acted

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

CONHOEN1[\L

at

Cadence/Marvel Comic's instance and expense, and I understood that I had
of any of the materials that! created for

no

right

to

ownership including

publication by Cadence/Marvel Comics, storylines.

any

new

characters that

were

introduced into the Marvel Comics

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
or

and/or Cadence/Marvel Comics. A list of some of the characters I either created
for

co-created

Timely

and/or Cadence/Marvel Comics appears
to

on

Schedule A. This list is

by

no means

complete. My contributions
Comics

all of the characters I created for
within the scope of my
may

Timely or

for Cadence/Marvel

during

this time

period
as

were

employment

with

Timely

or

Cadence/Marvel Comics,

the

case

be, and

were

instanced

by Timely
work with

or

Cadence/Marvel
all of these the

Comics,
works

as

the

case

may

be, and both

I and the artist

assigned
or

to

me on

(including

those

characters)

were

paid by Timely

by Cadence/Marvel Comics,

as

case

may be.

12.

On

or

about October 15, 1998, 1 entered into "SLM

an

Employment
Entertainment, rights
Inc.

Agreement/Rights Agreement (the

Agreement")

with Stan Lee
SLM certain

("SLM").

Pursuant

to

the SLM

Agreement, I assigned
works that I intended

to

that I would

otherwise have retained in

new

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
to any of the characters

publication by Timely
that I created for

or

Cadence/Marvel Comics,
or

including the rights

publication by Timely
that

Cadence/Marvel Comics. Nor could I--it
as

was

always

my

understanding

Timely

or

Cadence/Marvel Comics,

the

case

may

be,

was

the author of

coNE1BEMiJ-

those works

as

"works made for hire" under

applicable copyright

laws and that I had

no

rights

in

any of those works.

13.

My understanding that Timely

or

Cadence/Marvel Comics,

as

the

case

may

be,

was

the author of those works andthatl had

no

rights

in any of those works
or

was

confirmed each and every time I

accepted payment by Timely Timely

its

successors

for my creative
a

contributions. For years I received checks from

and its

successors

that bore

legend

acknowledging
as

that the payment

was

for "works for hire." I
not

can

recall

no

checks that I received
the payment

payment for my contributions that did
made to
me

bear this

legend

which

acknowledged

was

for work that had been created for hire for all such contributions.

Timely

or

Cadence/Marvel and that

they

owned the

rights

to

$1u4e cQCcl,-(r, Sworn to before me this

Ccutti cftoñ..g4s

if day

of May, 2007

4a
Notary
Public

ST

CON FlU

Schedule A
1. 2. 3.
4.

Abomination

Adaptoid
Air-Walker Ancient One

5.

Angel,

a/k/a

Archangel,

Warren Kenneth

Worthington

III

6.
7.

Annihilus

Ant-Man, a/k/a Yellowjacket, Giant-Man, Goliath
Ares

8.
9.
10.

Atlas

(appearing

as

Power Man,

Smuggler and Goliath)

Attuma

II. 12.
13. 14.

Avengers
Awesome Android

Backlash, a/Ida Whiplash
Balder the Brave
Baron Mordo Baron

15. 16.
17.

Wolfgang

von

Strucker

Baron Zemo

18.
19. 20. 21. 22. 23. 24.

Batroc the Beast

Leaper

Betty Betty

Brant Ross Banner

Black Bolt Black Panther

Black Widow

.9.

25.

Blastarr Blob Blonde Phantom

26.
27.

28. 29. 30. 31. 32.
33.

Boomerang

Captain Marvel,
Cobra

a/k/a

Captain

Mar-veil

ColoneL Nicholas Count Nefaria
Crimson

Joseph

"Nick"

Fury

Dynamo

34. 35. 36.
37. 38.

Crystal
Cyclops
Daredevil

Destroyer
Doctor Doom

39.
40. 4!. 42. 43. 44.

Doctor
Doctor

Octopus Strange

Dormammu

Dragon

Man

Edwin Jarvis

Egghead
Electro Enchantress

45. 46. 47. 48. 49.

Eternity
Exterminator, a/kla Death-Stalker
Falcon

flfl Hi
-10-

*

UUiJ.

50. 51. 52. 53. 54. 55. 56. 57. 58. 59.

Fandral, a/k/a Fandral the Dashing
Fantastic Four

Fin--Fang-Foom
Richard Fisk
Fixer Flash

..._--

Thompson
Nelson

Foggy

Galactus

Gargantus
Gladiator

60.
61.
62.

Gorgon
Green Goblin

Grey Gargoyle
Gwen

63.
64. 65.

Stacy

Happy Hogan

Agatha
Hate

Harkness

66. 67.
68.

Monger

Hawkeye
High Evolutionary
Hogun,
Human Iceman

69.
70.
71.

a/k/a

Hogun the Grim

Torch, a/k/a Johnny Storm

72.

Impossible

Man

73.
74.

Incredible Hulk Iron Man

CONFIDENTIAL

75.

John Jonah Jameson, a/k/a J. Jonah

Jameson, J.J., and J.J.J.

76,
77.

Juggernaut

Kang the Conqueror
Karen

78.

Page

79.
80. 81. 82. 83. 84. 85.

Karnak Karnilla

Kingpin
KIaw

Krang
Kraven the Hunter Leader

86.
87.

Living

Laser

Lockjaw
Loki
Mad Thinker

88.
89. 90.

Magneto

91.
92. 93.

Mangog
Man-Wolf
Marvel

Girl, a/Ida Jean Grey, Phoenix
a/Ida

94. 95.
96. 97.

Mary Jane,

Mary

Jane Watson-Parker
the Mad

Maximus, a/Ida Maximus
Medusa Mentallo

98.
99.

Mephisto
Mimic

GOF1UENTJttI.
-12-

100.
101.
102.

Modok MoleMan Molten Man
Mr. Fantastic

103. 104.

Mr. Fear a/k/a Machine Smith

105.
106. 107. 108.

Mysterio

Nightmare
Odin Owl
Power Man, aJkla Prowler

109.
110.
111. 112.

Atlas, Smuggler, Goliath, Erik Josten

Psycho-Man

Purple

Man

113. 114, 115. 116.
117. 118.

Quicksilver

Ravage

2099

Radioactive Man Red Ghost Rick Jones Robbie Robertson Ronan the Accuser

119.
120. 121. 122. 123. 124.

Scarecrow
Scarlet Witch

Scorpion
Sharon Carter She Hulk

"

-

3.

J Dci\ I

125. 126.
127.

Silvermane Silver Surfer

Skurge,

The

Executioner, a/k/a Executioner II

128.
129. 130.
131.

Spider-Slayer Spider-Man
Stiltrnan

Super

Skrull

132. 133. 134. 135. 136. 137.

Swordsman The
The

Absorbing
Avengers

Man

The Beetle a/k/a

MACFI-IV, MACH-I, 2, and 3

The Chameleon
The Fantastic Four The Incredible Hulk
The Inhumans

138.
139.

140.
141.
142. 143.

The Invisible Woman The Lizard The Mandarin The Rhino

144.

The Sandman The Shocker
The Skrulls The The

145. 146.
147. 148.
149.

Stranger

Thing

The Vulture

CONHDFNi11.
-

150.
151. 152.

The

Wasp

Thor

Thunderbolt Ross Tinkerer Titanium Man
Toad

153.
154. 155.

156. 157. 158.

Triton

Uatuthe Watcher
Ulik Unicorn Unus Vanisher

159. 160.
161.
162.

Virginia Pepper
Volstagg Wasp
Whirlwind
Willie

Potts

163. 164. 165.

166.
167. 168.

Lumpkin

Wizard Wonderman

169.
170. 171.

Wong

Wyatt Wingfoot
X-Men Ymir

-l72.

15

CONFI[1ENT1J