Off My Mind: Should Heroes Profit Off Merchandise?
Heroes that often work alone don't have the luxury of getting paid. They give up a lot of their free time in order to do their duties in fighting evil and protecting the innocent. Even though Spider-Man is on the New Avengers, he can't get paid since he insists on keeping his identity a secret (we all remember how badly things went during Civil War when he revealed it to the world). Is it fair that his need for privacy and desire to protect his family and friends prevents him from earning a paycheck for doing his job? At least he has a well paying job in his civilian guise now.
If the comic world is anything like our real one, the idea of brands and logos should exist. We've often seen people wearing t-shirts or drinking out of coffee cups with the logo of a superhero. With the flashy heroes flying around saving the world, there's no doubt that people would want paraphernalia sporting their images or symbols. Who is making a profit off of all this merchandise?
== TEASER ==
Every time an artist draws a person wearing a superhero t-shirt in comics, chances are that hero is not earning any share of the profit in sales. Heroes create their identity and fight crime. They most likely don't think about registering their name or getting a trademark for their appearance. Those that have secret identities would be unable to do so without revealing who they are.
What's to prevent someone else from registering a trademark before the hero can? That's actually what Rex Leech, Superboy's manager did (when he first became a hero). Superman was thought dead and being a businessman (of sorts), Rex filed a claim to make a profit off of Superboy merchandise. When Superman returned, he allowed Rex to continue selling products as long as half the profits went to charity. After all, it's not like Superman needs money since he has his salary at the Daily Planet and apparently doesn't need to show up to work (since he spent a year on New Krypton and is now walking across America).
It's also been seen in the Marvel Universe that Marvel Comics actually exist there. Some of the heroes inform the publisher of their exploits and the stories are written, most likely, without the personal side and information that we see. If the Marvel Comics in the Marvel Universe publishes comics on Spider-Man or the Punisher, do they keep all profits?
It's only fair that the heroes should earn any money being made off of who they are. For those that have secret identities, some sort of cash payment could be made. There could be some sort of test to prove who they are and a secret password or something could be set up to prevent someone with mimicry powers to come in and try to change the business terms. How the heroes would file their taxes on any merchandise profit would be a tricky area. Also, the hero would have to avoid becoming a sell out as Booster Gold had often been accused of.
If superheroes are sacrificing large portions of their lives to save others and a profit is being made, why shouldn't they get a piece of it, even if making money isn't what they set out to do. And if they don't want the money, they could always donate it to me.
Absolutely.
Even the biggest and best charities in the world have to cover their costs first before they can help anyone else.
A few years ago, in an italian comic titled PK, the same issue was considered. The local solution was the creation of the S.M.A. (Syndicate of Masked Authors) a Patent Office for superheroes' logos, codename, battlecries, catchphrases etc.
The diea was that whoever wanted to use a trademarked part of a hero image had to pay the S.M.A. for the copyright and these money went into a trust fund of the hero.
I would not like them to be paid directly by any one entity, because then you worry that, like politicians, the hero would be controlled by the one who has the money. I would more prefer if they could find a way to use their powers to make it on their own, like Parker taking pictures of his own battles and selling them to the paper. Other characters used their powers to help them get ahead in the workplace.
I think I remember seeing someone like Booster Gold sell advertising space on his Hero Uniform, maybe they could go that way with it, but then some one could trace the money that is being sent to the hero and figure out where it is going, and no one wants to see their favorite super hero all decked out in advertisements like a Nascar Car.
I think this is a valid argument. Remember that not EVERY hero/heroine is independently wealthy
(pace Tony Stark, the late Janet Van Dyne(Wasp) who was a heiress as well as a fashion designer), Daredevil(as attorney Matt Murdock) is fairly well off if not stinking rich, Simon Williams as Wonder Man gets royalties from his films and merchandise), but all in all, most heroes/heroines could qualify for Green Stamps in the real world. If entities as different as Coca Cola and The Hells'Angel Motorcycle Club could have their names and images copyrighted then why not superheroes. My only concern with the business of heroes getting paid( as the SHRA mandates) just like law enforcement officers(presumably Federal ones such as FBI or DEA, US Marshals rather than the NYPD) is that the paying entity might try to control the hero/heroine in question- "you take our money so you do what we say".
Terry
But being a super hero is not supposed to be a business or entrepreneurship. You're in it because you were bitten by a spider who had one too many bananas. If you want to become a brand, become a brand. Copyright, trademark, register your stuff. But that comes with the possibility of being outed.
Let's assume we live in the comic universe. Or more specifically, the comic universe lives in our universe. You can't tell me that every producer, director, publisher and cafe press store owner would not be all over these guys trying to get the trademarks to be able to licence their stuff or movies or books.
So if you're a hero, and you have a brand more power to you. Everyone that is a celebrity for whatever reason has a brand (I'm looking at you Jersey Shore). There's no reason why heroes with flashy costumes can't either.
I believe the way Superman does it would work best but I would have told them 75% of the profit would go to charity. Money hungry humans. lol
If someone is using a design you came up with for money, then you deserve a cut of the profits. Spidey should be worth millions, not living perpetual poverty.
" if im bustin my butt to save a city (rather be abusing my powers though :p) i better get some money from the people putting my face on coffee mugs, and poorly articulated action figures.... "That's why you rob the occasional bank and blame it on your super villain :)
@ricerx said:
"Super heroes need a players union like in sports. "
They did it was called the Registration Act.
I actually thought about this when Bruce Wayne announced he was funding Batman. Does this mean that Wayne Enterprises can claim ownership of Batman's likeness and can sell Batman merchandise? I'd like to think that that's how he's gonna fund his Bat-Gadgets, from the profits off Batman merchandise. Would be a pretty good marketing campaign too. "Hey kids, want to help Batman fight crime? Well you can if you buy Batman t-shirts, action figures, lunch boxes, DVDs, hats and anything else we can slap a bat on. Ask your parents for permission."
I don't mind them getting paid, but this also caused me to think of how people would go on pilgrimages, and find shelter and food at the homes of strangers on the way. Heroes save people all the time, and it would be interesting to see a hero do this sort of thing. Citizens could choose to open their homes in gratitude to the hero and this would open up additional storyline possibilities as well.
Heroes should make money based on lickness anbd logo.
It comes down to this. They are out there saving lives and need moiney to live off and save more lives.
In Marvel Heroes don't have this problem, Most own their copyrights and trademarks. (Save Spidey) this is a silly DC problem
Since a good deal of heroes are vigilantes and therefore "criminals" in the most rigid sense of the law, they have no judicial claim to any products inspired by their exploits (compare to how OJ can't receive any profits from "If I Did It"). Now, heroes with publicly known identities can copyright and patent their logos, tech, image, etc. so they can get paid. Invincible Iron Man dealt with this quite well earlier on. Spidey was a guess in the issue and Tony remarked how just the invention of his web fluid could make him a millionaire, billionaire possibly, but he realizes he can't because his "Spider-Man" can't hold a patent, his civilian identity would have to do it.
What if somebody uses a plastic Iron Man figure to bludgeon another person to death? Can Iron Man be sued for allowing/backing an unsafe toy/figure?
If it were me, regardless of how I make money for a living, I think profiting off of my symbol would be a bit like exploitation. I wouldn't want it to seem like I was only doing good deeds in order to promote my symbol and thereby make tons of cash. Crappy apparent motive, even if it isn't my true motive. I would try to grab trademarks and such through a lawyer willing to represent me, only in order to protect my symbol and likeness from being exploited by other people. Any and all money taken in through licensed merchandise would go to a series of rotating charities and humanitarian organizations.
"I don't mind them getting paid, but this also caused me to think of how people would go on pilgrimages, and find shelter and food at the homes of strangers on the way. Heroes save people all the time, and it would be interesting to see a hero do this sort of thing. Citizens could choose to open their homes in gratitude to the hero and this would open up additional storyline possibilities as well. "
So True but think about the otherside to that coin. If Superheroes were getting endorsements the more commercials and publicity they get people might not take them serious anymore and can flip it around and make a very negative impact on their image. Imagine Green Lantern doing a Sprite commercial. It sound funny as hell but after like 4 or 5 commercials I'm sure you would get tired of him, In fact I bet you would laugh your ass off if you saw Batman doing an Verizon commercial talking about the new blackberry Wayne Enterprise Edition.
Everyone knows no matter how insane or crazy you try to act, money changes you. I'm sure if Poison Ivy had a tv show on the Home and garden channel, no more terrorizing Gotham. I bet even Joker would mellow out if he was in a few Slipknot videos. What's the whole of going thru trouble terrorrzing Gotham when you can make a music video in your vision of all the crazy crap and also get paid for it.
Also think about the Die Hard fans that will get obsessed and start cults. Look at the Twilight books...they are just crap but people go crazy over Edward and jacob. In fact when New Moon came out someone went to spot where Bella jumped of the cliff and did just that. Jumped off the cliff. Now think about if idiots like we really obessed about the Avenger? Think about the crazy videos they're do to themselves and others just to submit an audition video to be a part of the initiatve.
You know what I ain't even gonna lie about this. On how I got into comics I would be one of those people that give in to the BS by working out at Gym like crazy, training at Iron Fist's dojo, spend lots of money to have a replica of Isaiah Bradley's Shield just to show up in front of Patriots house saying "Yeah um I got this bulletproof vest and This White Tiger replica outfit from BlackPantherTech.com, I ordered this shield from Stark Industries so i will be filling in for Wiccan or Hulking. You Cool with that? Yes? Ok cool........ YOUNG AVENGERS ASSEMBLE!!!"
Depends.
If a hero or team is started out as a 'for-hire', then in some regard the person or group should get paid, and pay applicable taxes (and licenses) as a citizen of whatever area they operate. Heroes both grand and everyday shouldn't operate on the belief system that they are owed something more (at least not greatly more), unless they truly think of themselves above and beyond their fellow humankind (ruler in search of tribute). Nor should humankind give up all their responsibilities and fights to the branded hero - it only feeds the system of belief. SPOILERISH: Kinda the only part I really liked about Superman Returns was, it didn't seem like the world fell apart without him . . . kinda did start to as he returned . . . like a Lex magnet.
As for profiteers, happens in a lot of areas in the real world, but I wouldn't fault the hero or group who confronts those who didn't try to seek them out, or just choose to do it without their permission. Companies protect themselves.
I agree! Some really good points came up... I don't see any reason why they shouldn't have the opportunity to make a profit from their own 'identity', but it also goes to say they would have to be careful what kind of merchandising they did, whether it was purely 'item' based or if they did commercials, ads, etc... and had that sort of influence.
Giving half, or even three-quarters to charity would be easy enough, considering they never seem to have all that much to purchase for themselves- rarely eat, usually only have (apparently) one or two different pieces of clothing, blah blah. You get the idea. So yea, I agree that they should be able to register or trademark their logos, etc, and make a profit off of them!
Another point: A hero who is lucky enough to not be on bad terms with the law, but isn't financially well off, should be very careful on the particulars of profiting/making a living off of heroism. Finances can lead a villain to the upperhand in a struggle if the hero relies on it.
yes they should. Not everyone is born with billions, and if they want to do the hero thing 24 hours a day and be full time, they're gonna have to dome something to pay the bills. You know how much money Superman can make by just tossing a shuttle into space? The money Nasa would save on rocket fuel just to get it off the ground? Certain hero's with that much power like Superman who should be on patrol as much as possile and not wait their time being a journalist or reporter. Depends on the hero. Depends on what he'e defending. Depends on how much power he has.
In a Co-operative, Courteous, Conscientious world Superhero's would not need money but in the world's SuperHero's Live in they should allways get money for their services no matter what. Why? the same reason we all pay for comicbooks. Because we have to pay to read of thier exploits so they entail should get compensation for their heroics that we pay for. I'm sure Marvel and Dc can open an account with Luckman, Landau and Lake or That transdimensional bank that Courtney Ross runs and get some money to our heroes. Did I just Blow your mind? maybe.
If a superhero is looking to profit from their image, then they're more concerned about being super, not being a hero.
Among the first issues of the Amazing Spiderman this topic was already discussed showing a pretty close to real-life application. Spiderman went to a bank and deposited all his earnings there. In order to prove who he was he would climb walls and shoot some webs here and there.
Unfortunately for him the Chameleon noticed him and began crafting an imitation of his costume and make a web gun as well as suction cups to climb walls. He fooled the bank tellers and took all the money leaving Spiderman poor.
Fact is even if their identity was know every superhero could encounter the above situation and would greatly hinder their possibility to actually have access to a money storage facility such as banks and since they're away every so often to save the day they'd need a huge investment in home security to prevent heists(like the high tech security the Baxter building has). Not every superhero is that rich.
Lets remember how Bruce Wayne helped Dick Grayson during his time away in Bludheaven as Nightwing. He would always buy him a place to stay, always make sure that the people Dick sent him for help would get jobs and homes but that's because he was extremely rich and could afford it. Heroes like Spiderman just don't have that income and they have to rely on their day-to-day job in order to sustain themselves.
Having merchandise with your name/logo/emblem and getting people to buy it as a superhero while it may help it'll bring down superheroes from their "legend" standard more to a "policeman" standard. A part of the charm of a superhero is the fact that he saves the day without asking questions, without being it their job to do so, they do it because they want to make the world a better place.
Per example Dick Grayson took a job as a policeman in Bludheaven because the city was so corrupt that being Nightwing at night just didn't cut it. Unfortunately while it didn't last it sure helped to see both views towards preventing crimes. As a payed citizen to partake in a squad and take down criminals does make you more vulnerable since fear and the element of surprise are taken out of the equation. More so we are shown how badly the cops are trained compared to a superhero's training or their access to weapons and armor.
While having richer superheroes does help them, I'm sure they'd appreciate it more if that money went to charity and they wouldn't want to be payed for something they do out of the goodness of their heart(s).
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