$6.95In the USA

No.85May 2009

Roy Thomas’ Combative

Comics Fanzine

SPECIAL

SLUGFEST!

THECAPTAIN

AND THEKRYPTONIAN!

CATACLYSMIC CONFRONTATIONSIN THE COSMOS,

IN CANDY STORES—& IN COURT!

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Supe

rman

&Sh

azam

!he

roTM

&©

2009

DC

Com

ics

ALSO:GOLDEN AGE

GREATNESS WITH

LILY RENEE& CENTAUR

COMICS!

18265827763

5

05

Alter EgoTM is published 8 times a year by TwoMorrows, 10407 Bedfordtown Drive, Raleigh, NC 27614, USA. Phone: (919) 449-0344.Roy Thomas, Editor. John Morrow, Publisher. Alter Ego Editorial Offices: 32 Bluebird Trail, St. Matthews, SC 29135, USA.Fax: (803) 826-6501; e-mail: roydann@ntinet.com. Send subscription funds to TwoMorrows, NOT to the editorial offices.Single issues: $9 US ($11.00 Canada, $16 elsewhere). Twelve-issue subscriptions: $88 US, $140 Canada, $210 elsewhere. All charactersare © their respective companies. All material © their creators unless otherwise noted. All editorial matter © Roy Thomas. Alter Ego isa TM of Roy & Dann Thomas. FCA is a TM of P.C. Hamerlinck. Printed in Canada. ISSN: 1932-6890

FIRST PRINTING.

This issue is dedicated to the memory of

Creig Flessel

Contentswriter/editorial: Of Shazam!, Señorita Rio, And Centaurs . . 2“I’m Not Typical For Doing Comics, You Know!” . . . . . . . . . . 3The understatement of the year from Golden Age artist Lily Renée, interviewed by Jim Amash.

Centaur Spread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24The amazing story of the little-known but astonishing Centaur Comics Group, by Lee Boyette.

“Pow! Bam! Zap!” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Bob Rozakis spins Part 7 of his “Secret History of All-American Comics, Inc.”

Comic Crypt: In Praise Of Picto! . . . . . . . . . . . . . . . . . . . . . . 51Michael T. Gilbert and Mr. Monster celebrate EC’s Picto-Fiction mags—and their most brazen imitator!

A Tribute To Creig Flessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59re: [correspondence, comments, & corrections] . . . . . . . . . 60FCA [Fawcett Collectors Of America #144] . . . . . . . . . . . . . 65P.C. Hamerlinck presents Marc Swayze, DC vs. Fawcett, Rich Buckler—& The Wall Street Journal!

On Our Cover: Especially for this issue, Rich Buckler re-did his cover for the historic “Superman vs.Shazam!” tabloid-size comic of more than three decades ago—only switching the Superman andCaptain Marvel figures! For the full story, see this issue’s FCA section and its intriguing interviewwith Rich. [Superman & Shazam! hero TM & ©2009 DC Comics.]

Above: A powerful “Lost World” splash panel by Lily Renée, from Planet Comics #42 (May 1946),repro’d from a copy as reprinted in Trina Robbins’ 2001 volume The Great Women Cartoonists.Thanks to Trina for her blessing in using this art. [©2009 the respective copyright holders.]

Vol. 3, No. 85 / May 2009EditorRoy Thomas

Associate EditorsBill SchellyJim Amash

Design & LayoutChristopher Day

Consulting EditorJohn Morrow

FCA EditorP.C. Hamerlinck

Comic Crypt EditorMichael T. Gilbert

Editorial Honor RollJerry G. Bails (founder)Ronn Foss, Biljo WhiteMike Friedrich

Circulation DirectorBob Brodsky,Cookiesoup Productions

Cover Artist & ColoristRich Buckler

With Special Thanks to:Rob AllenHeidi AmashHenry AndrewsMatt D. BakerDennis BeaulieuJohn BensonJon BerkDominic BongoLee BoyetteRich BucklerSusan BurgosNick CardyDick ColeMark D. CotnamCraig DelichMichaël DewallyBetty DobsonJim EngelMark EvanierJon R. EvansJean-Michel FerragattiMartin FilchockJim FitzpatrickShane FoleyJanet GilbertLew GlanzmanBob GreenbergerWalt GroganLawrence P. GuidryJennifer HamerlinckFred Hembeck

Greg HuneryagerJay KinneyDominique LeonardDon MangusBruce MasonJake OsterBarry PearlLily Renée PhillipsNick PollackRubén ProcopioJohn James Pulaski, Jr.Ken QuattroMikhaela B. ReidBob RivardTrina RobbinsFred RobinsonSteven RoweBob RozakisJean SchanbergerJohn SelegueTed SkimmerFlo SteinbergMarc SwayzeJeff TaylorDann ThomasJim Vadeboncoeur, Jr.Vaughn WarrenRobert WienerMonte WolvertonAlex Wright

et once again, we bit off more than we could chew. We really oughtto be getting used to the taste by now.

How do these things happen?

Well, you start off simply—knowing it’s been a year since Alter Ego lastfeatured a double-size helping of Fawcett Collectors of America—so youdiscuss one with FCA editor P.C. Hamerlinck, and between you, you evenline up a spanking-new cover by your old buddy Rich Buckler to go withits Captain Marvel/Superman theme.

Next you talk with associate-editor-slash-indefatigable-interviewer JimAmash to be sure that his entry for the issue, the long-awaited talk withGolden Age great Lily Renée, will be ready in time for you to line up andarrange ample art to accompany it. It will.

Then you recall that you have on hand this piece by Lee Boyette thatyou really want to get into the mag: an awesome overview of the fabledyet nearly forgotten (if that’s not a contradiction in terms) CentaurComics Group and related companies of the late 1930s and early ’40s,stretching back even before the Golden Age. And you decide you’ve justgotta squeeze that in, too.

Well, when push came to shove, our shoehorn wasn’t quite up to thetask. FCA’s twenty pages are here—and the complete Renée interview—but we had so much Centaur-related art on hand, thanks first andforemost to Lee Boyette and his pal Jon R. Evans, but also to several othergenerous souls, that we decided the only way to do Lee’s survey justicewas to serialize it, hopefully with no more than a couple of monthsbetween installments. So that, by the time it’s been totally printed, you’llhave had an illustration-laden tour of the company that brought the worldAmazing-Man, The Eye, and “Speed” Centaur.

Present and accounted for, naturally, for the 85th issue in a row, isMichael T. Gilbert’s “Comic Crypt.” Bob Rozakis’ faux history of All-American Publications is back, with its penultimate A/E chapter—whileBill Schelly’s “Comic Fandom Archive” will return next issue. And, withthat pulsatin’ preview, it’s time to charge ahead—on centaur-back, ofcourse!

Bestest,

Edited by ROY THOMASSUBSCRIBE NOW! Twelve Issues in the US: $88 Standard, $120 First Class

(Canada: $140, Elsewhere: $210 Surface, $230 Airmail).NOTE: IF YOU PREFER A SIX-ISSUE SUB, JUST CUT THE PRICE IN HALF!

COMING IN JUNECOMING IN JUNE

[Kurtzman self-caricature © 2009 Adele Kurtzman;

other art © 2009 the respective copyright holders.]

• Furshlugginer full-color cover featuring art by Mad creator HARVEY KURTZMANand some of the era’s greatest artists!

• The Mad wannabes of 1953-55—when everybody in comics was aping EC’s newsmash hit! “Captain Marble”—“Drag-ula”—“Mighty Moose”—“Four-Flush Gordon”—“Prince Scallion”—“20,000 Leaks under the Sea”—“Tick Dracy”—surveyed by GERAPELDOORN, with a sidebar on Harvey Comics’ horrific humor by JOHN BENSON!

• Awesome ’50s art & artifacts by (take a deep breath!): ANDRU & ESPOSITO,AYERS, BERG, BRODSKY, BURGOS, COLAN, COLE, DAVIS, DISBROW, DITKO,DRUCKER, EVERETT, FAGO, GIORDANO, HARTLEY, HEATH, HUBBELL, KUBERT,LEE, MANEELY, MAURER, NOSTRAND, OVERGARD, POST, POWELL, REINMAN,SEVERIN, SIMON & KIRBY, WOOD, et al.—at their funniest and most frantic!

• Plus—a frank talk with Golden/Silver Age artist FRANK BOLLE (Crimebuster, RedMask, Dr. Solar, etc.)—conducted by JIM AMASH!

• MICHAEL T. GILBERT & GER APELDOORN on the “Lost KURTZMAN Years”—BILLSCHELLY’s Comic Fandom Archive—FCA with MARC SWAYZE & a special tribute toKURT SCHAFFENBERGER—& MORE!!

The Mid-1950s Color MAD Imitations—I.e., From SUPERDUPERMAN to NUTS!

#86

TwoMorrows • 10407 Bedfordtown Drive • Raleigh, NC 27614 USA • 919-449-0344 • FAX: 919-449-0327 • E-mail: twomorrow@aol.com • www.twomorrows.com

TwoMorrows. Celebrating The Art &History Of Comics

“WHAT HATHKURTZMAN WROUGHT?”

2

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writer/editorial

Of Shazam!, Señorita Rio,And Centaurs

NTERVIEWER’S INTRO: Lily Renée’s comic book work wasmainly done for Fiction House during the 1940s on features suchas “Señorita Rio,” “Werewolf Hunter,” “Jane Martin,” and “The Lost

World.” I must admit that, as much as I like her work, I have a greaterfascination for her biography. Born during the 1920s in Vienna, heryouthful struggles against the Nazis and the prejudices of the war-tornEngland populace are compellingly heart-wrenching. I admire Mrs. LilyRenée Phillips for her bravery and strength in the face of troubled timesand unenlightened attitudes, and I imagine everyone who reads herstory will feel the same.—Jim.

“Vienna Was A Beautiful City”JIM AMASH: Did you get a lot of support from your family? Howsupportive were people of you being an artist?

LILY RENÉE: They were proud of my ability to draw. When I was sixyears old, a lot of things happened; in a way it was the high point of mylife. I had an art exhibition of my drawings, and also won a contest fora photo of me that my mother sent in. The prize for the contest was amovie contract, but my father was not letting his daughter enter showbusiness. At school I was chosen to dance the little rose in theSchubert song “Heidenröslein.” The head of the education departmentwas there and said to my parents he would see to it that I wasadmitted at the opera-ballet. Again my father would not let me join.

JA:Were there art classes in school?

RENÉE: Yes, my artwork from the exhibit was from my art class.

JA: You say you were living a little bit in your own kind of fantasyworld….

“I’m Not Typical For DoingComics, You Know!”

The Life And Times Of Golden Age Artist LILY RENÉE

3

II

Señorita Renée(Left:) A recent photo of Lily Renée, which appeared with the too-shortarticle about her in Alter Ego #70. (Above:) A Fight Comics splash by

Ms. Renée, as retouched and reprinted in AC Comics’ America’s GreatestComics #14 (2006). [Photo ©2009 Trina Robbins; page ©2009 AC Comics, Inc.]

RENÉE: Yes, I was, quite a lot. When my cousin Charlie came over,we always pretended our carpet was really a flying carpet, and wehad adventures in the exotic countries we visited. When I wasalone, my fantasy showed up in my drawings.

JA:What was it like to live in Vienna back then?

RENÉE: Vienna was a beautiful city with a lot of style. There weremany churches; the best known was a Gothic one with a very highspire called “Stephan’s Dome,” and the most beautiful one—which Icould see from our windows—was “Karl’s Kirche,” which had acopper dome covered in green partina. There was a wide streetcalled The Ring, which circled around the inner city and had all ofVienna’s important buildings on it: the Opera, two museums, theUniversity, the Parliament, etc. We lived in the center of the city ina comfortable apartment. Life was less rushed than in New York. Alot of attention was paid to the preparation of food. I was an onlychild and often lonely. I started drawing at an early age, maybe atthe age of three. Later I read a lot, as well. I also enjoyed dancing.My Nanny took me to the Stadtpark [State Park], where she had topay for an iron fold-up-chair to sit on, and I would play with mydiabolo, or push my big wooden hoop with a little stick and runafter it. There were “Do not step on grass” signs everywhere.

JA:What was your economic situation at the time of yourchildhood?

RENÉE:My parents were well off; we lived comfortably, hadservants, and gave dinner parties. I had lots of toys but I was lonely.

JA: Did you have any friends who were interested in art and near thesame age as you?

RENÉE: No, but the grownups around me were interested in art. I wastaken to museums and art galleries, and through my parents’ friends I metsome artists.

JA:What was it that you drew?

RENÉE: I drew clowns, ballerinas, tigers, and scenes that depicted whatyou would see in theatres. My parents took me to the theatre, where I sawsome ballets, and I also went to dance classes. When I was older, I went tothe opera twice a year with my school.

JA: During your teenage years, did you make a decision that you wouldmake a career in theatre or art?

RENÉE: Yes, somehow I was convinced I would be involved in theatre orvisual arts.

JA: You were a teenager when Hitler came to power in Austria. Whatwas it like for you?

RENÉE:When Austria became a part of the German Reich, Jewish peoplelost all protection. A lot of people went to concentration camps. I wasn’tallowed to go to school, and it was just scary when walking out on thestreet. We always had to stand in line to get our documents stamped; andat one point, all the people who were standing in line were taken into asynagogue. The Nazis were standing all around us, and we were afraidthey were going to set fire to the synagogue. Nothing happened, but Idon’t know how long I stood in there. It was terrifying. I looked at one ofthese big men who was standing next to me. For some reason, I thoughthe was protecting me because I was a pretty girl. I looked at him, and Isaw this totally cold face, and it was such a shock, and then I knew I wascompletely unprotected. I think I was thirteen when this happened.

JA: The people in the town: were they pro-Nazi or anti-Nazi?

RENÉE: Apparently, the Nazis were welcomed with open arms by theViennese. It was awful. You have no idea. When they marched into

Vienna—well, they didn’t march. They came mostly on motorcycles. I canstill hear the sound of the motorcycles in my mind: vroom-vroom-vroom-vroom-vroom.

We were listening to the radio when the son of the people who lived inthe same house knocked on the door and said the Nazi headquartersneeded another radio. I couldn’t believe—this is how it started—images ofthe helplessness. I remember my father walking over to the radio, pickingit up, and handing it to this guy. So we couldn’t listen to it any more. Youhad to be there; otherwise, you don’t know what it was like. Just trying toget out was very hard, because we didn’t have any relatives in othercountries. We lived this way for about two years.

Everybody was trying to get out, but without a passport that allowedyou to re-enter, other countries were not willing to let you in. We had tohave someone who guaranteed that we would never be a burden on thestate. That was hard to find if you did not have relatives in othercountries. I had taken English in school, and was given a correspondencefriend by the name of Molly Kealy in England. My parents had invited herto spend the summer with us the year before Hitler came to power, buther parents thought she was too young. Now we were asking them to senda visitor’s permit for me to come to England. It took almost a year for it toarrive. It helped me to get on one of the children’s transports(Kindertransport) for which England paid the Nazis for every child on it.

I went to England late in ’39. I had to say goodbye to my parents. Allthe parents were standing behind bars at the station, and the childrenwere waving to them. We had a cardboard square with a number on itaround our necks, and we were given food parcels. As soon as the trainstarted moving out of Vienna, everybody was eating.

The Nazis were at the border and inspected our luggage. I had made aterra cotta figure which I was really proud of, and they took it out. It waswrapped in towels, and the guard stomped on it. He stomped on it andbroke it into pieces. The woman who was the head of the Kindertransportcame over to me because I was crying. She said, “Don’t cry, you can makeanother one. You are in one piece, and you’re getting out of this.”

JA:When you were at the train station, were you afraid that youwouldn’t ever see your parents again?

Austrian Anschluss, 1938The German troops—this one from an armored car unit—received an enthusiastic

welcome in Vienna. This photo is dated March 21, 1938. Lily says she mostlyremembers that many of them arrived on motorcycles.

4 The Life And Times Of Golden Age Artist Lily Renée

RENÉE: Of course. All of us were; that’s why we were eating. We wantedto be reassured. The youngest one was under a year old. I would say abouta hundred children were on this train, which was paid for by England.

“When I Came To America…”JA: And what happened to you there?

RENÉE:Molly was a lovely girl, but her mother thought by bringing meover she would get unpaid help in the household. I think I was a shock toher: too well-dressed and not trained in household duties. At home, I wasnot even allowed in the kitchen, since our cook did not like it. Anyway,Molly and her dad ate their main meals out, and Molly’s mother would eatafter she sent me to the store for some groceries. The only meals I hadwere breakfast, and in the late afternoon when everybody was home for“high tea.”

During this time I was trying to get my parents out of Austria. Englandlet people in if they had a domestic situation, meaning they could be acook or a butler. My parents were willing to do anything to get out of

Austria. I was interviewed by two very nice families in lovely homes,where I described how my mother was a fabulous cook, and how myhandsome father was suited to be their butler. Both families backed out,saying that they would not feel comfortable with my parents as domesticsbecause they would be too much like their peers. They did not see that itwas a matter of life or death.

Anyway, the war broke out, and we were cut off from Austria. Molly’smother thought she was stuck with me and said, “You don’t even know ifyour parents are still alive.” After that, I knew I could not spend anothernight in that house. I walked into Leeds from Horseforth, a suburb ofLeeds, with no money for the bus fare, and went to an employmentagency, where I lied about my age and said I want to be a “mother’shelper.” I got a job right away, since there were so many requests for“mother’s helpers”!

JA: The situation with the wicked mother…how long did that last?

RENÉE: Less than a month.

JA:When did your parents get out?

RENÉE: I did not know what was happening to them, since I wascompletely cut off. But they got an affidavit and came to New York about18 months after I left Austria. They wrote to Bloomsburg House, whichwas the agency that helped children who were on the Kindertransport,and asked for us to be united. Bloomsburg House wrote to me and toldme about my parents’ request, and that I was scheduled to leave forAmerica.

Unfortunately, I had the worst listing as an alien you could have—“enemy alien,” because I had lied about not having a camera when I wasasked by a Scotland Yard agent. I was afraid they would take it away fromme, and it was a very good camera. Because of this, I was not supposed tomove and had to report every week to the police station. I decided not totell anyone, called my cousin in London, took a taxi to the train station inthe middle of the night, and went to London.

JA:When your parents got to America, were they able to take anymoney with them, or did they just go with the clothes they werewearing?

RENÉE:My father inherited two apartment buildings in Vienna, whichhe gave to the Nazis in order to get out. They were able to put theirfurnishings and china and all of that into what was called a “lift.” Youcould put all of your stuff on a wagon on the railroad. Unfortunately, thetrain was bombed in Holland, and everything was destroyed. They cameto America with nothing.

JA: How did you get the money to come to America? Or did you need it?

RENÉE: I came on another children’s transport that traveled fromEngland to America.

JA: So you came to America…

RENÉE: ...on the Rotterdam. It was ironic, since it was a ship from theHolland-American line, of which my father had been the director inVienna.

JA: Did you go to New York?

RENÉE: Yes. We were supposed to leave in a convoy, but the sailor whowas trying to get the anchor up fell overboard, and we were unable toleave [at that particular time]. [Once we were on the ocean,] we sailed ina zigzag pattern. Everybody was seasick. A boy and I were the only oneswho were not seasick and could enjoy every meal. On its return trip, theRotterdam was sunk by a U-boat.

War StoriesLily Renée’s artwork appeared in a good many war-oriented Fiction Housecomics, as in this copy of Rangers Comics #26 (Dec. 1945) whose Joe Doolin

cover she autographed for collector Vaughn Warren. It contained one ofher “Werewolf Hunter” tales. Thanks to Vaughn and to John Selegue.

[©2009 the respective copyright holders.]

“I’m Not Typical For Doing Comics, You Know!” 5

EDITOR’S NOTE: The following article and its attendant listings were put together by Lee B. especially for this magazine.As it turned out, however, the amount of information covered on a subject about which relatively little has been written—added to the outpouring of scans of Centaur artwork from several enthusiastic collectors, on top of those provided by Lee andhis friend Jon R. Evans—has forced us to split the material into several parts, in order to be able to fully illustrate the piece.

Our heartfelt thanks to Jon for helping expedite this survey in every way.

Meet You In The Funny PagesBrimming with artists such as Rafael Astarita, Bill Everett, Jack

Cole, Will Eisner, Basil Wolverton, Carl Burgos, Paul Gustavson, HaroldDe Lay, Tarpé Mills, and Fred Schwab, and with a roll call of charactersthat includes Amazing-Man, The Eye, The Shark, Meteor Martin, TheArrow, Blue Lady, The Rainbow, “Speed” Centaur, LittleDynamite, Fire-Man, The Owl, and Mighty Man—the Centaur group of comics remains acomplex, baffling mystery… mainly as tohow, and why, they managed to last for solong with such confusing issue numbers andtitles, while going through so manyrenovations (and re-issues) with so littlestyle, content, or quality!

Joseph J. Hardie’s Centaur line beganwith March 1938 cover dates and ended

with the May 1942 issues. But there are no less than three companies thatexisted before Centaur which have ties to it. Confused? Allow a longtimecomics researcher to elaborate:

In early 1936, two ex-employees of MajorMalcolm Wheeler-Nicholson (founding

publisher of National/DC)—WilliamH. Cook and John Mahon—inaugurated a new line ofcomics: The ComicsMagazine Company. Itsinitial offering was titledThe Comics Magazine and

had a cover date of May 1936.

It consisted mainly of one-to-two-pagestories of various types: humor, funny animal,Western, puzzles, text stories, and magic tricks—

Centaur SpreadThe Amazing, Keen, and Funny Story Of

The CENTAUR COMICS GROUPby Lee Boyette

The Beginning And The EndAmazing-Man—the classic hero and the best-known character to come out of any Centaur-related comics title—flanked by the earliest and latest covers dealt

with in this multi-part article: The Comics Magazine #1 (May 1936) & the 1942 oddity C-M-O Chicago Mail Order Company Comics #2; cover artists of bothuncertain. Thanks to Jean-Michel Ferragatti for a scan of Sam Glanzman’s cover for Amazing-Man #15 (Aug. 1940). Except where noted, all art accompanying

this article was either provided by Lee Boyette & Jon R. Evans, or (in the case of a few covers, such as the ones above) are repro’d from the Gerbers’indispensable Picto-Journal Guide to Comic Books. [©2009 the respective copyright holders.]

Naturally, we regret that photos (or other images) of most of the publishers, editors, and other creative personnel mentioned are unavailable.

A EA E//

24

Seeing StarsEven the guy on the smaller cover-within-a-cover of Star Comics, Vol. 1, #15(Nov. 1938), at bottom right is seeing stars—and so, presumably, is the tinyfigure in that cover… well, you get the idea of an “infinity cover.” Art by

Martin Filchock. [©2009 the respective copyright holders.]

Clock Work(Left:) George Brenner’s hero The Clock graced the cover of the fifth issue of FunnyPicture Stories, dated Nov. 1936. He was the first masked modern-day hero in comicbooks. This issue’s story was recently reprinted in Fantagraphics’ excellent volumeSupermen! The First Wave of Comic Book Heroes 1936-1941, edited by Greg Sadowski.

(Above:) For some long-forgotten reason, writer Jerry Siegel & artist Joe Shuster’s2-page series “Dr. Occult” appeared in FPS, Vol. 1, #1, with his name changed inmid-continuity to “Dr. Mystic.” The next month, Doc was back home in More Fun

Comics. For the two preceding panels of this installment, see the forthcoming All-StarCompanion, Vol. 4. Thanks to Michael T. Gilbert, Bob Rivard, & Henry Andrews—all of

whom sent us these scans. [©2009 the respective copyright holders.]

some illustrated in color, some in black-&-white. Jerry Siegel andJoe Shuster, friends from Wheeler-Nicholson’s company, provided a singletwo-page installment of “Dr. Mystic,” a “Superman” precursor. Othercontributors included Ellis Edwards, Matt Curzon, William Allison, JohnPatterson, future All-American Publications and DC editor SheldonMayer, and future Pogo creator Walt Kelly. Beginning with #2, the“Comics Magazine” title was printed minuscule on the cover, above thefar larger phrase “Funny Pages.” With the fourth issue, the name becameofficially The Comics Magazine – Funny Pages; and with #6 it wasretitled simply Funny Pages.

(The course of comic book history would have been changed—thoughin what ways, it’s impossible to say for certain—had Cook and Mahonpurchased “Superman” from Siegel and Shuster, which the writer-and-artist team had been trying to sell in one form or another since as early as1933, rather than a single installment of “Dr. Mystic.”)

Cook and Mahon then added Funny Picture Stories, with a first issuedated November 1936, a sister comic with most stories running from twoto seven pages in length. George Brenner’s “The Clock,” the first“costumed” hero in comics, was cover-featured. FPS #4 (Feb. 1937)contains Will Eisner’s great Beau Geste-style adventure story “TheBrothers Three.” Color and black-&-white were also used here,ending with issue #7, dated June 1937.

C&M’s next effort—Detective Picture Stories #1 (Dec. 1936)—is thefirst recorded comic book featuring a single theme—in this case, ofcourse, detectives and crime. Issue #4 of DPS (March 1937) containsEisner’s classic detective story “Muss ’Em Up!,” while #5, the final issue,has both Bob (“Batman”) Kane’s first “serious” story, “Case of the MissingHeir,” and “The Clock,” who was cover-featured.

Western Picture Stories #1 (Feb. 1937) is the first Western comic,continuing Cook-Mahon’s ground-breaking efforts. Eisner’s art appears inearly issues: “Top Hand” in #1, “Sheriff of Caribou County” in #2, and

Centaur Spread 25

Even Giants Have ToStart Small

Early Cook-Mahon work(clockwise from above

left, with all art ©2009 therespective copyright

holders):

Future Spirit creator WillEisner’s “Brothers Three,”

from Funny Picture Stories#4 (as reprinted in

Amazing Mystery Funnies#2 for Sept. 1938) is

juxtaposed with a 1941photo of Eisner whichappeared in the 1982

Kitchen Sink book The Artof Will Eisner;

An autographed pagefrom Eisner’s detective

yarn “Muss ’Em Up,” fromDetective Picture Stories

#4 (March 1937);

Bob Kane’s first attempt ata “serious” story, as

opposed to a humorousone, from DPC, Vol. 1, #5(April 1938)—flanked by aphoto of the artist after hehad co-created “Batman”

for National/DC;

Eisner again—with “TopHand,” from WesternPicture Stories #1 (Feb.

1937), as reprinted in KeenDetective Funnies, Vol. 2,#6 (June 1939, actual #10).Shortly before his passing

a few years ago, WillEisner was interviewed byJim Amash for Alter Ego

#48; that issue, and othersmentioned in thesecaptions, are still

available fromTwoMorrows, as per thead bloc at issue’s end.

[Eisner photo ©2009 WillEisner Studios, Inc.; pages

©2009 the respectivecopyright holders.]

26 The Amazing, Keen, And Funny Story Of The Centaur Comics Group

“Man Hunt” in #3, all later reprinted by Centaur. Mostly stories were7 pages long, and were a mix of color and black-&-white.

While these titles were being published, Harry “A” Chesler beganhis comic company’s history, with covers dated Feb. 1937. Hepublished both Star Comics and Star Ranger. These were large-size(8 ½" x 11") and were in color. His Star Ranger #1 ties Cook-Mahon’sWestern Picture Stories #1 as the first Western comic.Chesler published 52-page comics, while Cook-Mahon’s were 64pages. Star Ranger #4 & #5 each have one-panel gags by Eisner.

Young King ColeFuture Plastic Man creator Jack Cole’s first published stories appearedin the April 1938 Funny Picture Stories, Vol. 2, #7 (seen at left) and inthe same-date Star Comics #11. See A/E #25 for extensive coverage of

this comics genius. The photo of Jack Cole appeared with a 1999article by Art Spiegelman in The New Yorker magazine, courtesy of

JC’s brother Dick. [©2009 the respective copyright holders.]

Centaur Spread 27

A panel from DCP #4 (March ’37) featuring a newsstand that displays Cook-Mahon comics (artist & writer unknown);

This classic cover for DCP #4 (March 1937), which Lee Boyette IDs as the work of artist Rodney Thompson. It was seen in a reprinted version in the previous issueof Alter Ego—where it was identified as having been drawn by Gus Ricca. (Whichever is correct, it’s a strong image!)

[©2009 the respective copyright holders.]

Too Many Cook-Mahons Spoil The Broth?Cook-Mahon’s Detective Picture Stories beat

Detective Comics to the punch by four months (asper the cover of DPS #1, above left), but didn’t havequite as much staying power. After that, from left to

right, come images of:

hat if, instead of selling his share of All-AmericanPublications to National/DC co-publishers HarryDonenfeld and Jack Liebowitz in 1945, as happened in The

World We Know, AA co-publisher Max Charles Gaines had insteadbought DC from them?

Just imagine… a comic book industry in which (due to legal problemswith Jerry Siegel, Joe Shuster, and Bob Kane, which resulted in there beingtwo competing versions of Superman and Batman on the nation’s

newsstands in the late 1940s, with both versions eventually being cancelled)the AA characters Green Lantern, The Flash, and Wonder Woman hadinstead become the surviving Golden Age heroes—stars of comic books,radio, movies, and TV? (Even so, in Our World, all art on the next 6 pagesfeatures characters trademarked and copyrighted by DC Comics.)

Not a dream (precisely)… not a hoax (because we tell you about it upfront)…just an imaginary tale of an alternate universe we call Earth-22,and of…

Book One –Chapter 7:

“Pow! Bam! Zap!”[NOTE: This chapter’s interview with Ted Skimmer, longtime All-American production man, has never been printed before.]

BOB ROZAKIS: From the time DC was merged into AA, there wasn’tmuch change in the AA staff for a long time, was there?

TED SKIMMER: You have to realize that throughout the ’50s and muchof the ’60s the comics business was a closed shop. The guys who hadstarted the business in the 1940s were pretty much all still there. Theleaner times had weeded out some, but for the most part, the faces youwould have seen in the AA offices in 1950 were the same ones, albeitolder, that were there in 1969.

Even on the freelance side, there wasn’t much change. Guys likeKubert, Infantino, and Toth, who were the “kids” when they startedworking for us a few years after the War, were only in their forties whenthe second generation started arriving. Mort Weisinger was only 55 whenhe retired in 1970.

I guess you could say that Bill Gaines and Julie Schwartz weresomewhat responsible for the “second generation” of people getting intothe comic book business. Certainly they had tapped into something whenthey started printing letters from the readers in the books in the early ’50s.E. Nelson Bridwell was one of their regular readers—and letter-writers—and he said that having his letters published in the books made him feelmuch more comfortable about asking for a job in the early 1960s.

BR:Well, Nelson came to the company a lot earlier than my compatriotsand I did.

SKIMMER: Nelson got hired as the result of one of Mort’s “salary negotia-tions.” At the time Mort was editing the whole line of Green Lanternbooks, so he had, what, six or seven titles? He somehow convinced Charliethat he was carrying a much heavier workload than the rest of the editors,so, in addition to wanting more money, he needed an assistant.

Nelson had already moved from Oklahoma to New York and was doing

some writingforKurtzman’sMadmagazine atthe time,but he waslooking fora full-timejob. Wedidn’t thinkhe’d last long, having to deal with Mort, but he did.

BR: But how did Mort convince Gaines that he deserved an assistantwhen no one else did?

SKIMMER: It was the popularity of the Annuals that Mort used toconvince Charlie. While the other editors were also producing a few,under the blanket 80-Page Giant title, it was the Green Lantern ones thatappeared most often. Nobody on staff, nor among the readers for thatmatter, seemed bothered by the concept that “annuals” were coming outtwo or three times a year!

Nelson, as it turned out, was the perfect choice to handle these books

WW

The Other AA Editors Were GreenWith Envy…

…when AA Green Lantern editor Mort Weisinger(seen in previous installments) acquired an

assistant editor—namely, E. Nelson Bridwell, theguy who really put together many of those 80-PageGiants. He’s seen here in a photo taken by MicheleWolfman for The ACBA Newsletter for June of ’73;

with thanaks to Flo Steinberg.

Below, repro’d from a photocopy of the originalart, is a panel from Green Lantern #39, penciled byCarmine Infantino, that was reprinted in one of theearliest 80-Page Giants. Thanks to Dominic Bongo

& the Heritage Comics Archives.

The Secret Historyof All-AmericanComics, Inc.

by Bob Rozakis

44

for Mort. He had an encyclopedic knowledge of the books, dating back to the ’40s, and aremarkable memory. Mort would be talking about an old story, and Nelson would pull itout of the file of old issues in a matter of moments.

The film negatives that AA would use to produce the reprint books dated back to theearly-to-mid-1950s. That there was only a decade or so worth of material did not appearto be a problem. At the time, the majority of the audience was boys ranging in age fromabout 10 to 14. With the audience turning over every four years or so, reprints from fiveyears ago would be new material for them.

There was one other problem, though. Weisinger took full advantage of this readerturnover and would frequently reuse old plots. Sometimes the stories would start thesame way and go off in different directions; other times they would be almost identical.

BR: I remember finding a couple of those.

SKIMMER: [laughs] Only a couple? Afterthe first few months, Mort was lettingNelson handle the reprints by himself.Nelson would suggest something like “GreenLantern’s Greatest Foes,” and Mort wouldjust nod and say okay. He might look at thestats of the stories or the cover, but mostlyhe didn’t care. One time, however, Nelsonsuggested “Secrets of Green Lantern,” andMort said to him, “Yes, I like that. Be sure toinclude that story where Alan’s friendaccidentally finds out he’s Kid Lantern.” SoNelson says, “Which one?” and pulls outthree different issues in which Mort hadused the exact same premise… one from1952, one from ’57 and the last from ’62!

BR: Oh, I know about Nelson’s memory. I’dbe talking about a plot point with Julie andsuddenly Nelson would say, “You can’t dothat. In issue such-and-such it was estab-lished that…” and then he would go to thefiling cabinet, pull out a twenty-year-oldcomic book, flip to the exact page, andpoint at a panel. Sometimes Julie would goalong, and sometimes he’d just growl andsay, “I don’t care what it said in 1957!”

SKIMMER:Well, that was probably one ofthe reasons Mort treated Nelson so badly.Mort interpreted Nelson knowing aboutmultiple uses of the same plot as a way hisassistant was showing him up. But Nelsondidn’t have a mean bone in his body; he wasjust doing what he thought Mort wanted.But Mort made no attempt to disguise hiscontempt for Nelson, and often referred tohim as “that idiot.”

BR: Didn’t he fire Nelson at one point?

SKIMMER: Indeed he did. In 1965,Weisinger fired him and replaced him with

Roy Thomas. However, Roy would not tolerate Mort’s abuse and left for Marvel after twoweeks. This forced Mort to grudgingly rehire Nelson, telling the staff that he’d hadThomas fill in while Bridwell had taken a “vacation.”

BR: Aside from adding Nelson to the staff, there was another big change in ’64. How didJulie end up editing the “Flash” books again?

SKIMMER: By 1964, sales of Flash Comics and All-Flash had fallen off substantially.Under Jack Schiff, the character had been reduced to battling aliens, being changed intobizarre forms like the Zebra-Striped Flash, or chasing the one-shot gimmick villain of the

Sidebar:Editorial assignments at AA in 1964. Weisinger editedonly seven regular titles while each of his colleaguesedited eight.

MORT WEISINGERGreen LanternAll-American ComicsDoiby DicklesCathy CrainKid LanternSensation ComicsComic Cavalcade

JULIUS SCHWARTZSupermanBatmanFlash ComicsAll-FlashJustice League of AmericaAquamanGreen ArrowSugar & Spike

ROBERT KANIGHERAction Men of WarG.I. CombatOur Army at WarOur Fighting ForcesCaptain StormStar Spangled War StoriesWonder WomanMetal Men

MURRAY BOLTINOFFBlackhawkThe Brave and the BoldDoom PatrolHawkmanChallengers of the UnknownSea DevilsTomahawkRip Hunter, Time Master

JACK SCHIFFStrange AdventuresMystery in SpaceWeird ScienceTales from the CryptFalling in LoveHeart ThrobsYoung LoveYoung Romance

ROTATING EDITORSHollywood Funny Folks (Jerry Lewis, Bob Hope,Fox & Crow)

Showcase80-Page Giants (reprints)

A Thorny IssueA classic Julie Schwartz-edited issue of All-Flash (#185, Dec. 1967),

featuring the return of The Thorn. Original art, which looks likeInfantino pencils, repro’d from the collection of Lawrence P. Guidry.

“Pow! Bam! Zap!” 45

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In Praise of Picto!by Michael T. GilbertPity the poor sap who invested his life savings in an Edsel knock-off,

certain it was going to be the nextMustang. Or the loser who just knewthat Beta Max was the wave of the future, and went broke building acheap copy. That’s pretty much the story of Myron Fass’ ill-fated attemptto jump on the Picto-Fiction bandwagon.

Picto-Fiction began in 1955, as a last-ditch attempt to save Bill Gaines’failing Entertaining Comics line. After achieving critical and earlierfinancial success with titles likeWeird Science, Tales from the Crypt, andMad, EC was on the verge of bankruptcy, thanks to devastating publicityfrom a 1954 Senate Subcommittee on Juvenile Delinquency. The Senatorsseemed convinced that lurid crime and horror comics were hurting kids.To his credit, EC publisher Gaines volunteered to defend the industry oncamera, but his testimony proved disastrous—a fact that his competitorsand distributors never forgot.

Soon, a tough Comics Code was instated by most publishers. Magscontaining crime, horror, or terror (with the latter two nouns expresslyforbidden as part of a title) were clamped down on, effectively killing EC’sCrime SuspenseStories, Vault of Horror, and an advertised fourth EChorror title, The Crypt of Terror. Gaines and Feldstein believed thisprovision was designed to destroy EC. If so, the plan worked.

Needling The Comics Code(Above right & below:) Artist Jack Kamen’s cover and two pages from

“The Needle,” from Shock Illustrated #1 (Oct. 1955), EC’s first Picto-Fictiontitle. [©2009 William M. Gaines, Agent, Inc.]

52 Mr. Monster’s Comic Crypt!

News venders refused to stock any comics (except for ClassicsIllustrated and the squeaky-clean Dell line) that didn't carry the ComicsCode seal, and most EC titles quickly died. A subsequent sanitized line ofCode-approved “New Direction” EC titles fared little better.

The one bright spot on EC’s horizon wasMad. Harvey Kurtzman’sbrainchild had recently transformed itself from a 10¢ color comic into a25¢ black-&-white magazine, and was selling phenomenally. Better yet, asa magazine aimed at a supposedly older audience, it wasn’t subject to theComics Code. So publisher Bill Gaines and editor Al Feldstein came upwith a brilliant idea: Why not convert all their titles to a similar format?

With few other options available, it sounded like a good idea. Workingwith cartoonist Jack Kamen (and writers Dan Keyes and RobertBernstein), they set to work on Shock Illustrated #1 (Oct. 1955), theirfirst Picto-Fiction title. Though actually a variation of the old Big LittleBooks, Feldstein’s intro in that issue describes this “new” form:

“SHOCK Illustrated” is the first of a new series of magazines topresent a novel and revolutionary development in the art ofstory-telling. We at E.C. call this new form of adult enter-tainment “Picto-Fiction.” Picto-Fiction is a careful combi-nation of two arts: the art of writing and the art of illustra-tions.

Fass Food(Below:) Two pages from Fass’ imitation, True Problems #1 (June 1956).

[©2009 True Problems Publications.]

I’m Shocked—Shocked(Right:) Contents page for EC’s Shock Illustrated #1.

[©2009 William M. Gaines, Agent, Inc.]

In Praise Of Picto! 53

reig Flessel, a pioneer artist of comics, passed away on July 17,2008, at the age of 96. He had recently suffered a stroke.

Flessel was born February 2, 1912, in Huntington, Long Island, NewYork, the son of a blacksmith. He attended Alfred University in New York,which is where he met the future Mrs. Flessel, graduating in 1936. One ofhis classmates, he always noted with pride, was Charles Addams.

His first job in comics was assisting cartoonist John H. Striebel on thenewspaper strip Dixie Dugan. This also brought him a career in adver-tising art, as Striebel was doing a lot of it at the time, mostly featuring thecharacters from the radio show Vic and Sade. Over the years, Flesselwould bounce back and forth between the two fields: when he wasn’tdoing comics, he was drawing for advertising, primarily for theJohnstone-Cushing art service. Over the decades, he did thousands ofmagazine ads and commercial storyboards, primarily but not exclusivelyin comic strip form.

His non-advertising cartoons appeared over the years in publicationsas diverse as Boy’s Life and Playboy, but it was his work for the early DCComics that made the most history. His first work for them seems to haveappeared inMore Fun Comics #10, cover-dated May of 1936. He also dida strip in the first issue of the historic Detective Comics and drew thecovers for issues #2-17, as well as many other covers for early DC titles.His work also appeared inside many comics for the firm. He didnumerous stories of “The Sandman” in Adventure Comics, and he co-created a character named “The Shining Knight,” who was featured in thesame title.

In 1940, DC editor Vin Sullivanmoved over to the newly-formedColumbia Comics, and Flesselbegan to freelance for him there, as

well. In 1943 Sullivan founded his own company, Magazine Enterprises,and Flessel signed on as associate editor. He returned to DC from time totime, drawing for them again briefly in 1949, in the late 1950s (mostly asan inker on “Superman”-related comics), and then in the early ’70s oncomics that Joe Simon was editing for the company, including Prez.

All this time, he was primarily engaged in advertising art, though heoccasionally assisted Al Capp on the Li’l Abner newspaper strip; and from1960 to 1971 he drew another strip, David Crane, which he took overfrom Winslow Mortimer. The National Cartoonists Society honored himin 1992 with its Silver T-Square Award for extraordinary service, and theCartoon Art Museum in San Francisco and Jeanne Schulz honored him in2007 with the Sparky Award, named for Jeanne’s late husband, CharlesSchulz, creator of Peanuts. Creig was also a nominee for the 2008 Hall ofFame Award at the Comic-Con International.

In 2000 he and his wife Marie (yes, the spouse he met at AlfredUniversity) moved from the East Coast to a home in Mill Valley,California, to be closer to their son Peter and several grandchildren.(They also had a daughter, Eugenie, who followed in Dad’s footsteps bybecoming a successful illustrator.)

Creig never stopped cartooning and was often a guest at comicsconventions, where I had the pleasure of interviewing him and chattingon many occasions. He was a delightful man who acted as if you weredoing him a favor by asking him for an autograph or posing somequestion about his long, long career.

This tribute originally appeared in a slightly different formonMark Evanier’s website www.newsfromme.com,always an excellent source for information on comics andmany related (and unrelated) topics. Creig Flessel was thesubject of an in-depth interview in Alter Ego #45, and willbe prominently featured again in issue #88,which will center around National/DCfounder Malcolm Wheeler-Nicholson andother early giants of that company.

Creig Flessel(1912-2008)

“A Pioneer Artist Of Comics”by Mark Evanier

CC

Creig’s Crowning Moments(Above:) A 1943 photo of Creig & Marie Flessel (they’d beenmarried in ’37). (Left:) Two of the artist’s recent drawings:a color Sandman he drew for collector Dominique Leonard

at age 93… and an illo he did in gratitude when he receivedthe Sparky Award, as noted in the tribute. The photo

accompanied an interview with CF that appeared in ComicBook Marketplace #15 (July 1992). [Sandman TM & © 2009DC Comics; Snoopy TM & © 2009 United Feature Syndicate;

self-caricature © 2009 Estate of Creig Flessel.]

In Memoriam 59

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[FCA EDITORS NOTE: From 1941-53, Marcus D. Swayze was a topartist for Fawcett Publications. The very first Mary Marvel charactersketches came from Marc’s drawing table, and he illustrated herearliest adventures, including the classic origin story, “Captain MarvelIntroduces Mary Marvel (Captain Marvel Adventures No. 18, Dec.’42); but he was primarily hired by Fawcett Publications to illustrateCaptain Marvel stories and covers forWhiz Comics and CaptainMarvel Adventures. He also wrote many Captain Marvel scripts, andcontinued to do so while in the military. After leaving the service in1944, he made an arrangement with Fawcett to produce art andstories for them on a freelance basis out of his Louisiana home. Therehe created both art and stories for The Phantom Eagle inWowComics, in addition to drawing the Flyin’ Jenny newspaper strip forBell Syndicate (created by his friend and mentor Russell Keaton).After the cancellation ofWow, Swayze produced artwork forFawcett’s top-selling line of romance comics, including Sweethearts andLife Story. After the company ceased publishing comics, Marc movedover to Charlton Publications, where he ended his comics career in themid-’50s. Marc’s ongoing professional memoirs have been a vital part ofFCA since his first column appeared in FCA #54, 1996. Last issue, Marcdiscussed his writing of Captain Marvel scripts while serving in thearmy during World War II. In this installment, he takes a look at actioncomics—the Fawcett way.—P.C. Hamerlinck.]

here was once a mythical fancy thatwafted up and down the Fawcetthalls to the effect that it was

distasteful to depict a clenched fistactually landing on its mark. Better, wentthe opinion, that the action be shownjust after, or just before, the impact.

Busy with the first sketches of MaryMarvel at the time, I never went for thatcrap. Nor did Mary. When she deemed itdeserving that an obnoxious antagonistreceive such forcible combat, that’sexactly what he got … a dainty smash,right smack in the snoot!

The usual day at my desk in 1942 wasdrawing Captain Marvel, who had beeneased to one side temporarily to allowfor this interim assignment … “a younggirl about Billy’s age.”

Mac Raboy, a few tables over, washeard to mumble, “There are just somany ways the human figure can bedepicted.” Mac was obviously thinking ofthe character on his drawing board …

Captain Marvel Jr. … but his remarkwas also appropriate to the one on mine.

“Even fewer, Mac,” I responded, “… whenthe human figure is a female!”

It took only a brief study of the subject to reach the conclusion thataction, in our day, was an essential element of the comic book. Writers,artists, and editors knew it. Readers expected it … and usually got it. Ifyour job was drawing a feature character, then you’d better be able topicture him … or her … in all sorts of physical contortions. That’s whatMac was talking about. If you weren’t careful, before long you’d berepeating yourself.

The question with which I coped,still unsettled, was Mary’s costume.That skirt … how would it behavewhen Mary went into action … theextreme, frenzied type of actiondemanded of comic books in the early’40s?

As the work day came to a close,Reynold “Andy” Anderson, veteran ofthe Fawcett non-comics art staff,approached with a reminder of ourplan to attend a sports event thatevening at Madison Square Garden.The occasion was a tennis tournament… and the ladies so expertlybrandishing the rackets out on thecourts provided a solution to theproblem I’d left at the office. Thetypical brief but snuggly-fitting outfitsthey wore was an ideal suggestion forthe costume I hoped to have MaryMarvel wear in her future comic bookadventures.

Comics executive editor Rod Reed,describing the original Mary Marvel

[Art & logo ©2009 Marc Swayze; Captain Marvel © & TM 2009 DC Comics]

By

67

“Right Smack in the Snoot!”Despite a Fawcett opinion opposing excessive brutality, when

Mary Marvel deemed it deserving of a foe … that’s exactly whathe got. Panel from Captain Marvel Adventures #19 (Jan. 1943),“The Training of Mary Marvel.” Art & script by Marc Swayze.

[©2009 DC Comics.]

So Many Ways, SoLittle Time

“There are just so manyways the human figure canbe depicted!” was the 1942remark from Fawcett artistMac Raboy. “Even fewer

when the human figure is agirl!” responded Swayze,busy at his board with the

first drawings of MaryMarvel. The above Raboy-drawn “Capt. Marvel Jr.”panel appeared in MasterComics #25, April 1942.

[©2009 DC Comics.]

TT

69

n 1953, following twelve years of protracted, aggressive, near-exhaustive litigation which ultimately proved fatal to one of its

combatants, Fawcett Publications, the lawsuit in which National ComicsPublications claimed that Fawcett’s highly successful Captain Marvelcharacter was in effect a copy of its predecessor Detective Comics, Inc.’s,earlier-created Superman character, was finally resolved.

Reams of carbon paper, miles of typewriter ribbon, countless hours oflawyer, administrative, and go-fer time, “scorch the earth” evidence-gathering, a trial to verdict, a pivotal appeal, and tedious preparation foranother almost-trial later, it was over. Fawcett agreed to pay $400,000 anddiscontinue publication of Captain Marvel and The Marvel Family.

[Superman, Clark Kent, Lois Lane, & Shazam! heroes TM & © 2009 DC

From CarbonCopy To DigitalDuplicationNational Vs. Fawcett

Through a 21st-Century(SPAM) Filter

by Jean Schanberger

Edited by P.C. Hamerlinck

Illustrations by Rubén Procopio

II

As a practical matter, this was the catalyst for Fawcett’s decision to exitthe comics business almost entirely. The details of this grisly legal battle,which may have germinated the term “Bet the Company litigation,” havebeen thoroughly, lovingly, and entertainingly documented in these andother pages, and will not be comprehensively repeated here.

Rather, let’s take a “then and now” look at the legal dynamics of thelawsuit as it occurred throughout the Golden Age of Comics, and explorea hypothetical situation: “What would happen today?” Join us in ajourney bringing the Superman/Captain Marvel dispute into modernday!1

Protecting The TurfFor starters, let’s assume you’re Assistant General Counsel at Wannabe

Comics. This means you’re a mid-level in-house lawyer whose job is tokeep the business people out of trouble. On this day, you nosed yourleased 5-series BMW into your reserved parking space and, carefullybalancing your Starbucks® Cinnamon Dolce Latte on your briefcase,ducked into the garage elevator as it closed, catching the eye of one ofyour frequent internal clients, Antonio Optimisto, the Creative Directorfor Wannabe.

“Hey, how’s it going?”

“Great. You?”

“Good. Hey, I got some stuff I need to show you. You around thismorning?”

And so it innocently began. Your days are filled with “Can we…” “Wewanna…” “Whadya think about…” and “Can you take a look?” requestsjust like this, all asking you to walk the sometimes extremely fine linebetween what the business wants to do and whether or not it is “legal.”There are few “yes” or “no” answers; rather, your advice and recommen-dations are based not only on your law school degree and legal training,but your experience-based understanding of your client’s business goalsand risk tolerance.

An hour later you stick your head into Optimisto’s crowded office,which looks like a cross between a children’s playroom and a newsstandwhere an explosion has occurred. You’re always glad to be asked there,hopefully while there’s still time to give advice and head off any really bigproblems.

Before they hired you, at least one thing got past the lawyers—a

character that comic book empire BG “Big Guy”Comics felt was too much like one of its flagshipcharacters, SuperDude. After BG sued, Wannabestopped publishing its new character after just sixissues. BG was well known for protectingSuperDude’s turf; just last year it had won a lawsuitagainst another smaller comic book publisher whopublished only one issue including an allegedlyinfringing character.2

Glancing at the art proofs laid out onOptimisto’s worktable, everything looks good untilan illustration of a clean-cut, broad-shouldered,muscular, super-heroic character in a form-fittingred suit and yellow boots with a cape and alightning bolt emblazoned on his chest catchesyour eye. There is something vaguely familiar…

“Who’s this character and what’s his story?” youventure guardedly.

“Oh, that’s Captain Marvel. He’s a new super-hero. His alter ego is a boy, who meets a wizard,

who gives the boy the power to transform into Captain Marvel with a boltof magic lightning he creates by saying ‘Shazam.’”

“Shazam”?

“It’s an acronym for Solomon, Hercules, Atlas, Zeus, uh, some others…There’s about a half dozen different villains in the works, and we’rethinking we’ll create a Marvel Family around him, too.”

“You don’t think he looks a lot like SuperDude?”

Optimisto takes a moment to re-establish eye contact with you. “Well,sure he does, but the story’s pretty different. Besides, what can you reallydo these days that’s truly original? Practically every one of these books hasa guy in tights who can save the world against evil. SuperDude can’t bethe only guy at the trough. Bob told us, ‘Give us a SuperDude, only havehis identity be a 10- or 12-year-old boy rather than a man.”3

Isn’t that different enough?”

Is It Different Enough?Is it different enough? What if it’s not? What’s at stake? These are the

questions at the heart of copyright infringement claims, both in the 1940sand today. Let’s take a comic book-sized look at the structure of copyrightlaw:

The Copyright Act of 1909 was the operative law in Superman andCaptain Marvel’s day, and remains so now. For National to have prevailed

70 FCA (Fawcett Collectors of America)

[Superman & Shazam! hero TM & © 2009 DC Comics.]

1 For purposes of this excursion, we request that you suspend yourreality-based belief that this dispute wouldn’t arise today becauseDC Comics—formerly National—now owns the rights to bothSuperman and Captain Marvel.

2 Fawcett aficionados will recognize this history from National Comics’1940 lawsuit against it over Fawcett Publication’s Master Man (“Theboy becomes the strongest man on earth!”), the lead character ofMaster Comics, as well as Detective Comics’ successful caseagainst Fox Comics for the sole appearance of Wonder Man in itsMay 1939 release of Wonder Comics #1, the first copyrightinfringement lawsuit in comic book history. Will Eisner reportedlycreated Wonder Man under protest of his instructions to make aSuperman-type character.

3 This infamous Captain Marvel-era quote is attributed to FawcettVP/Circulation Manager Roscoe Kent Fawcett, and extracted fromP.C. Hamerlinck’s 1997 article, “The Fawcetts Could Do It As Well, orBetter, Than Anybody: The Roscoe K. Fawcett Interview,” laterreprinted in the 2001 TwoMorrows book Fawcett Companion.

against Fawcett, or BG against Wannabe, the copyright holder mustshow:

(i) Ownership of a valid copyright in an original work expressed in atangible medium;

(ii) Actual copying by someone who had access to the copyrightedwork, resulting in “striking similarity” between the copyrighted workand the alleged copy; and

(iii) Misappropriation of the work such that the intended audiencewould see substantial similarities between the two works.

How similar is “substantially similar”? The standard is somewhatvague and extremely fact-specific. Two methodologies are used toanalyze it: the subtraction approach, which blacks out unprotectedelements of the work, then assesses whether or not the balance hassubstantial similarity to the protected work; and the totality approach,which compares the work’s overall concept and feel to the correspondingcopyrighted work.

The creator may have a defense to an infringement claim if it can beshown that the work was created independently without access to thecopyrighted work, if the copying is so minimal as to be trivial, or if itqualifies as fair use (available in very limited, typically non-commercialcircumstances).

If copyright infringement is proven, the copyright owner may beentitled to several types of damages. Depending on the facts of the case,these may include any ill-gained profits made by the infringer throughthe infringing work, punitive damages to punish the infringer for thewrongful conduct, losses to the copyright owner including lost licensefees and profits, statutory damages that are pre-established by law todeter infringement, and attorneys’ fees.

Beyond paying damages, the infringer may be required to stop usingor selling the infringing work, and may be required to deliver or destroythe infringing work so that it may not be sold.

“Another SuperDude Ripoff”Now, flash forward three months to a skyscraper on the other side of

town. Put yourself in the high-end Italian loafers of the Associate GeneralCounsel, Intellectual Property, for BG Comics. Just as you stepped off theelevator this morning onto the seventh floor, a discrete tone sounded inyour iPhone®’s Bluetooth® headset.

“Hello?”

“Malone, get the hell in here.” Frequent caller Joe Hurley, Senior VicePresident of Marketing, gives you his usual morning greeting.

“Be right there.” Within five minutes you stick your head into hisspacious, lavishly appointed corner office, the Manhattan skylinecomprising its rectilinear background like a painted animation cel. “Hey,Joe. What’s up?”

Hurley picks up a comic book from his desk and slams it down in frontof me. “What the hell is this?”

The colorful cover of one of BG’s competitors, Wannabe Comics,practically leaps off the desk at you, sporting a SuperDude-like, All-American-looking, masculine hero character in a red suit with yellowaccessories. On his chest, where your eye is fully accustomed to seeing theSuperDude “S,” there is a lightning bolt.

This character is demonstrating his apparent superhuman strength bysingle-handedly hurling a large vehicle into the distance, its drivertumbling from an open door. The strong man’s cape swirls around his

shoulders, reflecting the motion of the effort. You quickly fan through thepages.

Your eyes meet Hurley’s as you take a breath. “Well, it looks like theboys at Wannabe are getting clever with another SuperDude rip-off.”

“I should say so. Listen, this has got to stop. There’s just too muchinvested and too damn much at stake for us to keep fooling around withevery Tom, Dick and Harry who dreams up, or thinks he dreams up, thenext iteration of SuperDude. We’re not talking kid stuff here, we’ve gotlicensing deals, movie deals, merchandise, Internet, action figures, DVDs,graphic novels, TV shows, video games, ring tones, and God knows what’scoming out next week. This is a billion-dollar franchise, and I won’t standfor them trying to cut into it. We gotta nip this in the bud. Now. And if itputs ’em out of business, that’s just too damn bad.”

Number CrunchingWhat would make Wannabe risk publishing Captain Marvel, almost

certainly realizing that their cross-town rival BG, home of SuperDude,would be watching their every move, litigation talons at the ready? Well, ifthe character and comic book avoid infringing and find an audience,there’s a lot of money to be made, even in a media-saturated world.

In North American comic book sales during 2008, the monthly list oftop 300 comic books includes about thirty publishers.4 Marvel and DCconsistently dominate both the top 25 books and the list as a whole, with

[Superman & Shazam! hero TM & © 2009 DC Comics.]

From Carbon Copy To Digital Duplication 71

4 Golden Age competitors included DC, Marvel, Fawcett, Quality,Standard, ACG, Lev Gleason, and Fiction House.

he contemptible comic book outfitknown as M.F. Enterprises (named afterits notorious publisher, Myron Fass), and

their embarrassingly amateurish and unimagi-native body part-splitting android character(created by Carl Burgos) that briefly desecratedthe Captain Marvel name, were the subject of aNov. 13, 1967, newspaper article nestled,remarkably, within the renowned and presti-gious pages of The Wall Street Journal.

That article, pertaining to MFE’s lawsuitagainst Marvel Comics’ Martin Goodman overthe ownership of the name “Captain Marvel,”not only cited quotes from Fass and Goodman,but also breezed through a brief history of theunfortunate fate which had bludgeoned FawcettPublications’ original Captain Marvel—includinga quote from Fawcett editorial director RalphDaigh (labeled in print as a Fawcett “vice-president” and “co-creator” of the original CM).

As many recall with great disdain—and stilldream they could eternally eradicate from theirmemory—the MFE “Captain Marvel” shouted“Split!” to have his body parts separate… and thenexclaimed “Xam!” (presumably pronounced“Zam!”) to call them back. The sheer loath-someness of MFE resulted in more blatant thievery and insipid manipu-lation of other established characters, making theWSJ article’s report thatthe public purchased an average of “only” 100,000 copies (of 250,000printed) of each issue of MF’s Captain Marvel a bit surprising, if notdisturbing.

The article was written by A. Kent MacDougall, a former newspaperreporter with theWSJ and the Los Angeles Times, whose articles over theyears had sometimes reflected a left-leaning agenda. Now retired and aprofessor emeritus of journalism at the University of California Berkeley,MacDougall had actively marched in Viet Nam War protests whileemployed as aWSJ staffer—the same era during which he penned theCaptain Marvel article.

Alter Ego editor Roy Thomas recalls being “startled” to see a seriousmention of comic books in a major newspaper like The Wall StreetJournal, the more so “because it was about [the] business, not the usual‘Bam! Zow! Bap!’ stuff that made up most newspaper articles on comicsfor many years … and still rears its head way too often.”

The Dark Knight film producer Michael Uslan noted “fly-by-night”comic book companies headed by Myron Fass, Isadore [Israel] Waldman,and their ilk had sprung up in post-Golden Age years, surfacing again infull force during the ’60s as numerous speculators attempted to cash in onthe success of the Batman TV show.

“Waldman’s Super Comics and I.W. Publications, without any authori-zation, reprinted old comic stories with new covers [including suchGolden Age stalwarts as Doll Man, Plastic Man, Sheena, Torchy, and evenThe Spirit] until receiving cease and desist letters, if not the actualsummons and complaints,” Uslan said. “Waldman would pop back up in

SPLIT! XAM! AndThe Wall Street Journal

The Day That Dueling Captain MarvelsHit The Headlines

by P.C. Hamerlinck

TT

76

We Need An Atlas!(Above:) Myron Fass exulting in a 1970s moment.

(Left:) A year or two before his CaptainMarvel, Super Comics, Inc. (run by Fass’ oldpartner Israel Waldman), had reprinted the

origin of a CM imitator—“Atlas, Man ofMight”—in Daring Adventures #18. Its lead

story was a retread from Great ComicsPublications’ Choice Comics #1 (Dec. 1941). Theyouth destined to grow up to be the “humanAtlas” received “the secret of strength” from“Atlas, Greek god of strength”—one of the

same pantheon, of course, from whom the BigRed Cheese had derived his powers. The 1964cover was penciled by Ross Andru and inked

by Mike Esposito. Writer and artist of theinterior story unknown. [©2009 the respective

copyright holders.]

How Much Wood Would A Junior Woodchuck Chuck…Michael Uslan’s photo and bio as printed in Amazing World of DC Comics #2

(Sept.-Oct. 1974). [Text ©2009 DC Comics.]

the post-TV Batman 1960s with a companyreprinting the worst of old pre-Code horrorcomics, and a R-rated magazine called Hell-Rider under the company banner of Skywald.He was the ‘Wald’ and Sol Brodsky was the‘Sky.’ I wrote a two-part satire of comic bookpublishers like Waldman and Fass and theircompanies in my back-up stories for Stan Lee’sJust Imagine Superman and Just ImagineFlash with Kyle Baker and Sergio Aragonés.

“My ‘Fly-By-Night Comics Group’ wasinspired directly by Fass’ rip-off press thatbrought us [his] Captain Marvel. The legaltheory was that Fawcett had constructivelyabandoned the trademark on Captain Marvelby failing to use it since 1954. But not only didFass attempt to hijack Captain Marvel, but healso grabbed the names ‘Dr. Fate,’ ‘Plastic Man,’and ‘The Bat’ (the latter [was] just close enoughto sign his own legal death warrant, courtesy ofDC Comics). When I first went to work at DCin the early ’70s and Sol Harrison assigned meto clean out ‘The Closet’ (which was similar tothe last scene in Raiders of the Lost Ark), Ifound and read all the company’s cease anddesist letters sent out to the likes of Victor Fox,Fawcett, Archie Comics … and Fass. With onemagic word (‘Lawsuit!’), ‘The Bat’ became ‘TheRay’ and ‘Dr. Fate’ and ‘Plastic Man’ becameother ‘duck-and-cover’ alternatives.” Uslansummarized Fass’ Captain Marvel ascontaining “awful stories and sub-par art” andbeing “the final insult to the memory and name[of] Captain Marvel.”

Uslan viewed theWSJ coverage of the legalincident as “a rarity from an era where comicbooks were just beginning to claw their way torespectability in mainstream society andpress—as evidenced [a couple of years later] bySgt. Rock making the cover of The New YorkTimes Magazine section in an article coveringGreen Lantern/Green Arrow and the Age ofRelevancy in comics.”

Roy Thomas and Alter Ego have arrangedfor FCA to re-present theWall Street Journalpiece in its entirety, complete with the threeillustrations that originally accompanied it, onthe facing page (with thanks also to Barry Pearlfor reminding us about it some time back). Thearticle, like the logo of The Wall Street Journalrepro’d above, is © 1967, 2009 Dow Jones &Co., and is reprinted by permission….

SPLIT! XAM! And The Wall Street Journal 77

MONDAY, NOVEMBER 11, 1967

FROM:

NTRODUCTION: A 1978 DC Comics house ad called it “TheBattle Nearly Four Decades in the Making!” The oversized“Superman vs. Shazam!” (more formally, All-New Collectors’

Edition #C-58) comic book, marking Superman and Captain Marvel’sfirst true co-starring adventure, is now over 30 years old. While time hasflown by faster than a speeding bullet or the speed of Mercury, the bookstill remains as fun and dynamic as when it first appeared, thanks toGerry Conway’s script and the multi-faceted artistic abilities of RichBuckler (in collaboration with supreme inker Dick Giordano). Rich’spowerful layouts effectively collided the two worlds of the Man of Steeland the World’s Mightiest Mortal together. One of the comics industry’smost prominent artists during the ’70s and ’80s, Buckler has drawnvirtually every Marvel and DC super-hero at one time or another duringhis career. He is best remembered for his work on Fantastic Four in themid-’70s, co-creating Deathlok with writer Doug Moench, and pencilingearly issues of All-Star Squadron. My interview with Rich, conducted inlate 2008, focuses primarily on that memorable late-’70s epic …“Superman vs. Shazam!”

P.C. HAMERLINCK: Rich, you were born in 1949. Fawcett Publicationshad ceased publishing Captain Marvel in 1953. How or when did youfirst become acquainted with the character?

RICH BUCKLER: I first became acquainted with the Captain Marvelbooks from articles in fanzines during the early stages of organizedcomics fandom. It was then that I met Jerry Bails and Roy Thomas. Jerrywas in the process of putting a huge amount of Golden Age comics onmicrofilm, and I had the opportunity to read and peruse rare books that Icould not afford to buy from comic book dealers. I was 17 or 18 yearsold—but at that tender age I knew I was going to become a comic bookartist. I delved into the world of fanzine publishing; I started out as apublisher before I became a professional artist. The Golden Age of Comic

SUPERMAN VS. SHAZAM!The Rich Buckler FCA Interview

Conducted by P.C. Hamerlinck

Buckler’s Battle Royal(Left:) Rich Buckler’s surrealistic self-portrait, 2001. The painting appeared

on a poster for his successful solo exhibition in Paris that same year atGalerie Natalie Boldyreff, a French art gallery owned and operated by

Russians. Visit richbuckler.com to view more of Rich’s paintings.[©2009 Rich Buckler.]

(Above:) The Rich Buckler/Dick Giordano cover for the 1978 tabloid-sizedAll-New Collectors’ Edition #C-58 – a.k.a. “Superman vs. Shazam!” Julius

Schwartz was the editor. Rich reversed the main figures for the cover of thisissue of A/E. Scan courtesy of Walt Grogan. [©2009 DC Comics.]

II

79

Books lived on in Alter Ego, Rocket’s Blast-Comic Collector, and PaulLevitz’s Comic Reader. I contributed to just about every fanzine I couldfind, and then published a few myself. Those were the days before theInternet, so all of our networking was done by mail and telephone. Awhole world had opened up to me in my discovering what came before Iwas born. My mom remembered a lot of these books from her childhood.Captain Marvel was one of her favorites. It wasn’t long before I purchaseda few dog-eared Golden Age comics via mail order—Captain Marvel andCaptain Marvel Jr. among them—and he became one of my favorites too.

PCH: Some of your friends involved in fandom at the time—RoyThomas, Alan Weiss, Arvell Jones—of course all went on to becomecomic book professionals themselves (and, incidentally, would all gettheir own shots on Captain Marvel). Before and during your work in thefanzines, were you only involved in comics as an avocation and for theescapism aspect, or did you have serious aspirations about joining theprofessional ranks?

BUCKLER: I had already decided I wanted to be a comic book artist,even before I got involved in fanzine publishing. I took this all veryseriously from the beginning. I was thoroughly convinced that I couldlearn how to do it by meeting other professionals and studying andpracticing. I did have trouble early on with other people not taking meseriously. I would get challenged by friends and new acquaintances. Italways went something like this: “You want to be an artist? Okay, youdraw a lot, but you never went to school for it. How are you going to do

it?” I would argue back, “Hey, these guys never went to comic book artschool. If they can do it, so can I!” Of course, it wasn’t that simple. Butthere were no “comic book art schools” in those days, so that wasn’t evena choice—and it was true that I had absolutely no formal art education.Everything I knew about art and drawing was from studying books andpracticing. It was stubborn resolve and a certainty that I was born be anartist that kept me going. That, and the two people who believed in methe most: my mother and my sister. I met Arvell Jones during my fanzinepublishing days. He and I collaborated on a lot of publishing projects, andwe became close friends.

One day I visited Jerry Bails, and he wanted to hire me to do a wrap-around cover for one of his publications. I think I was 19 years old at thetime, and the assignment paid $50 (which was a lot, then). It was my veryfirst professional work as a comics artist—and it was [drawing] GoldenAge characters—from the old MLJ comics… I was thrilled! Jerry was veryencouraging and inspiring. But at that point I was still years away fromactually breaking into the comic book field. That would take several tripsto New York, and eventually moving there—along with a whole lot ofluck! Alan Weiss I knew from correspondence and telephone conversa-tions. He contributed to my fanzines (and just about everybody else’sfanzines), and we exchanged ideas and encouraged each other. Alan’sdrawing was always so much better than mine—the guy was (and is)amazing. In terms of overall drawing skill and finesse, I haven’t caught upto him yet.

Knockin’ ’Em On Their AxisIn 1969, Detroit fan Rich B. drew this wraparound cover for Jerry G. Bails’ Collector’s Guide: The First Heroic Age. Rich recalls it as being “MLJ heroes,” though

besides The Shield there were several more from various companies—and note which Fawcett hero made the front page! [Captain Marvel Jr. & The SpectreTM & ©2009 DC Comics; The Mighty Destroyer TM & ©2009 Marvel Characters, Inc.; The Shield TM & ©2009 Archie Comic Publications, Inc.; Skyman TM &

©2009 the respective copyright holders; other art ©2009 Rich Buckler.]

80 FCA (Fawcett Collectors Of America)

PCH: Let’s fast-forward to “Superman vs. Shazam!” While there hadbegun a series of “Superman-versus-somebody” tabloid-sized comics,do you know who specifically conceptualized the “S vs. S” book? Itswriter, Gerry Conway, told Michael Eury in an interview that it was“another Roy Thomas-influenced story” (“S vs. S” was released priorto Roy’s 1980s association with DC). Other reports claim DickGiordano originated the idea for the book—or that it was the idea ofits editor, Julie Schwartz, who had spearhead DC’s tabloid-sized booksto begin with, though he considered his Shazam-related projects to be“low-lights” of his career.

BUCKLER: I’m not sure if it was Roy’s idea, but it does sound like him.I got the assignment from Dick Giordano. Dick was thinking, at the time,that I could be groomed to be the new regular Superman artist; CurtSwan was planning on retiring. I was more than happy to get a chance todraw a Superman book (I learned to draw the human figure, originally, bystudying and imitating Curt Swan from the comics).

PCH: According to Julie, the tabloid-sized comics were created as amarketing tool to get DC books prominently displayed and sold in storesoutside of the usual venues at that time. But by 1978—the year “S vs. S”was released—the over-sized comics were on their tail end after asuccessful run.

BUCKLER: Yeah, they were a bit of a novelty. I knew they wouldn’t last.But they sure were cool.

PCH: After Giordano assigned “S vs. S” to you, were you intriguedabout illustrating a larger-sized, potentially higher-profile book?

BUCKLER: I remember thinking, “This has got to be the biggest andmost intimidating assignment I have ever gotten! How the hell am I goingto do it?” Remember, this was around the same time as the Neal AdamsSuperman vs. Muhammed Ali book—that was what I had to measure upto! “I better hurry up and start on it before they change their minds andfigure out that I’m not up to it and give it to somebody else!”

PCH: Did you work with Julie on the layout of the “S vs. S” cover? Didyou have to submit various cover concepts, or was the final version thefirst and only layout you came up with?

BUCKLER: The cover idea was a “one-off.” I just came upwith it at the office. Almost all of the covers I did for DC andMarvel were done like that—first thing that came to mind, Iwould sketch it out, and that was the one.

PCH:Would you purposely try to channel other artists’styles for certain jobs? It’s obvious that you successfullytapped the Neal Adams approach for the “S vs. S” book.Adams had only previously drawn Captain Marvel for a1976 calendar and a couple of other merchandising pieces.Had you seen, or were you inspired, by any of those? Wasthere an official editorial decision made for you to incor-porate the Adams “look” for the book?

BUCKLER: I wouldn’t say “channel”—that’s not accurate atall. I didn’t become possessed or anything like that—just theopposite, actually. I’m a stubborn individualist. I never, everdrew anything that I didn’t want to draw. I would alwaysthrow off any and all restrictions. Somebody recentlyremarked in a trade magazine that I have a “quirky and

complicated personality”—or somethinglike that. Well, my main “quirk” is that I dowhatever I want, and nobody could everforce me to think or act otherwise. If that’scomplicated, I don’t see how. I love comicsand I have a whole lot of favorite characters.When I drew Fantastic Four, I drew myversion of my favorite FF comics, whichwere drawn originally by Jack Kirby. So, Itried to evoke Kirby’s dynamics and sensi-bility in the new work I produced for thattitle. Same with Superman: Curt Swan forfoundations, Neal Adams for flash anddynamics. I was coming from a “super fan”mentality, if you will. Give me Nick Fury,Agent of SHIELD and I probably wouldhave done my version of Jim Steranko. Thiswas pure fun for me (and it still is).

At the time, DC was evolving a NealAdams look for Superman. I did a lot of commercial comics work forDick Giordano, and Dick was scheduled to ink the “Superman/Shazam!”book. What “style” to use? For me, it was a no-brainer. With any comicsassignment, first andforemost was thestorytelling. That hasalways been mystrong point. You getthat right and thepublisher (at thattime, anyway) didn’tcare which “style”you chose to workin. Whatever I drew,

Red Punch(Above:) Battle panel from “Superman vs. Shazam!” Buckler remembered

thinking beforehand, “This has got to be the biggest and most intimidatingassignment I have ever gotten! (Right:) Scripter Gerry Conway, caricaturedby Dave Manak in Amazing World of DC Comics #14 (March 1977), not long

before the project was launched. [©2009 DC Comics.]

Hero-HunterFrom Mars

The book’s eyeballearring-wearing

nemesis, Karmang,enlisted

Superman/CaptainMarvel adversariesQuarrmer and Black

Adam to do hisbidding . [©2009 DC

Comics.]

Superman Vs. Shazam! 81