Roy Thomas has been in
the news recently because he is asserting that he is a co-creator of Wolverine.
Zach Rabiroff has a great recap article on the situation at The Comics Journal that is worth reading, and it covers some of the nuances that I will not. I am
going to discuss the concept of creation and ownership through the lens of
copyright.
To briefly recap, Thomas was a Marvel editor, and
according to most accounts, suggested to Len Wein that he create a Canadian character
named the Wolverine for the Hulk to fight. Wein worked with John Romita Sr. to
develop the look of the character, and then the character made his cameo debut
at the end of The Incredible Hulk
#180, which was written by Wein and drawn by Herb Trimpe.
Copyright law protects “original works of authorship
fixed in any tangible medium of expression.”[1]
Copyright law does not protect an “idea, procedure, process, system,
method of operation, concept, principle, or discovery, regardless of the form
in which it is described, explained, illustrated, or embodied in such work.”[2]
Generally speaking, copyright law protects the expression of an idea and not
the idea itself. It rewards the person who creates the work that was published.
Protecting ideas are notoriously difficult to do, as I previously discussed in
the article on Why Creators Don’t Want to Hear Your Idea.
In my opinion, Thomas had an idea. He told his idea to
Wein, and Wein, Romita, and Trimpe did the work to bring the idea to life.
Copyright law would reward those three with ownership. It would not reward
Thomas.
Suggesting
that an editor contributing an idea to a writer or artist, who goes on to flesh
out the idea and bring it to life, equates to co-creation is problematic, and
it goes against the norms of the publishing industry. Editors, depending on
their roles, assign stories, edit stories, and make sure they are readable
and/or follow established continuity. It is part of their job to assist the
artists and writers in creating the best stories possible. If they make
suggestions, it doesn’t mean that they get to claim authorship, co-creation, or
co-ownership over the final work.
While
Thomas may feel some responsibility for the creation of Wolverine, he should
not be credited a co-creator. He had an idea, and he passed it on to others to
do the work to bring it to life. If he had done the work, then he could be a
co-creator. From all accounts, he did not.
[1] 17 U.S.C. § 102(a)
[2] 17 U.S.C. §102 (b)