The Unpaid Architects of Superhero Empires: How Comic Creators Are Denied Their Fair Share

Many comic book writers and artists face a stark reality: they create characters who become global phenomena, generating billions for publishers, yet they receive almost none of the financial rewards. As one commentator noted regarding the staggering success of franchises like the Marvel Cinematic Universe, which has grossed over $20 billion, a key question remains: "How much... went to those who created the stories and characters in it?" Despite building their vast empires on the intellectual property devised by these creators, major publishers like Marvel and DC, under their standard contracts, largely deny them a fair share of the profits.

The Work-for-Hire Trap

The enormous profits generated by mainstream superheroes rarely benefit their original creators. This is primarily because of the ubiquitous use of "work-for-hire" agreements in the comic industry. Under U.S. copyright law, this legal framework dictates that the publishing company—not the artist or writer—is automatically considered the legal author and owner of all characters, stories, and designs.

The implication is significant: creators receive a single, onetime payment for their work. Even if a character becomes a global phenomenon, the publisher keeps all "downstream" profits—from film rights and merchandise to video games and theme park appearances—while creators typically receive no meaningful share. Although publishers may occasionally promise token bonuses or royalties for adaptations, these agreements are often non-transparent and difficult for the creators to enforce.

This system has been repeatedly upheld in court. For instance, in a well-known 2011 case, Jack Kirby’s estate attempted to reclaim the rights to iconic characters he co-created, such as the Hulk, X-Men, and Avengers. The court ruled that since his work was "made at Marvel’s direction," it qualified as work-for-hire, meaning Kirby and his heirs had no legal claim. Despite the Iron Man film trilogy alone grossing over $2.4 billion, Kirby’s family received none of that revenue.

Similarly stark examples abound. Superman creators Jerry Siegel and Joe Shuster were infamously paid a mere $130 (the equivalent of about $2,987 today) for the Man of Steel. While DC made over $1 billion from Superman across 70 years, Siegel and Shuster’s total royalties were under $500,000, leaving them in poverty for decades. These cases are not anomalies; they represent the well-documented reality of how the comic industry treats its foundational talent.

Emotional and Financial Toll on Creators

The creators of global superhero brands often feel a deep sense of betrayal as the characters they brought to life generate massive profits from which they receive little to no reward. This pattern of exploitation spans generations of comic artists and writers.

Veteran writer Ed Brubaker, co-creator of the Winter Soldier, voiced this sentiment, noting that for his and Steve Epting's work, "mostly, all... we have got for creating the Winter Soldier and his storyline is a 'thanks' here or there.”

This emotional toll is significant. Brubaker calls the "bit sick" feeling he gets seeing his characters on screen a "Jack Kirby ulcer." While token payments are sometimes offered, the disparity is stark and demoralizing. As one anonymous Marvel writer put it, Marvel might "send a thank-you note and five grand” when a related movie has made a billion dollars.

The co-creator of Miles Morales, Sara Pichelli, highlighted the frustration over missed life-changing wealth, stating, “If only…I would be a billionaire. Yeah, but I get nothing. And that’s the saddest part of my life.” The reality that top-tier creators have missed out on such wealth is described as a "gut-punch."

Fighting Back and Seeking Reform

The current work-for-hire model in the comic book industry is facing increasing pressure for reform from both creators and some publishers.

Pioneering a Fairer Model

Image Comics, established in 1992 specifically to allow creators to own their work, serves as a leading example of a fairer system. The publisher pays creators "backend royalties," meaning profits from every sale and adaptation directly benefit the creator, not just the company.

Industry-Wide Shifts

Other major publishers are cautiously following suit with similar experiments:

• Dark Horse Comics occasionally implements profit-sharing agreements for movie adaptations.
• DC Comics has promised a small percentage of merchandise revenue to certain key creators.
• Marvel Comics has quietly updated contracts, with co-creators like G. Willow Wilson (Ms Marvel) reportedly receiving a portion of the profits from the related Disney+ series.

While these changes are modest, they collectively represent a slow yet significant move toward better compensation for creators.

Calls for Structural Change

Advocates, including legal experts and union organizers, propose a robust set of reforms to guarantee fairness, such as:

• Guaranteed residuals for every adaptation of a comic story.
• Transparent accounting practices.
• Higher minimum payments for creating major characters.

A "Creator's Bill of Rights" and collective bargaining to ensure artists and writers keep partial ownership or profit-sharing rights.

Veteran figures, such as Todd McFarlane, argue that publishers must offer more than "crumbs" to attract and keep top talent. Ultimately, labour organising efforts, like Comic Book Workers United, are proving crucial in forcing meaningful structural change within the industry.

Changing the Story

The foundational creators of comic book success deserve a proportionate share of the wealth their work generates. Despite the aspirational ideals embodied by characters like Superman—who stands for "truth, justice, and the American way," as creator Jerry Siegel intended—the history of his own creators proves that business fairness is not guaranteed; it must be actively sought.

Today, creators are increasingly assertive, demanding contracts that fairly recognize their contributions. This advocacy is paralleled by growing fan awareness, which notes the difference in creator compensation models between companies like Image and industry giants like Marvel and DC.

As the writer Ta-Nehisi Coates observed, “Just because it’s in a contract doesn’t make it right.”

With every profitable blockbuster adaptation, the discussion rightfully returns to the original architects. They are the visionaries who built the worlds that entertain, inspire, and earn billions. To compensate them, even with a small fraction of the revenue their characters generate, is not philanthropy—it is a matter of justice. The comic book industry must finally deliver fair rewards to the creative minds at the heart of its immense success.

How You Can Support Comic Book Creators

You, the fans, readers, and consumers, possess significant power. When a new superhero movie, toy, or video game is released, we remember that the original creators are often excluded from the profits. You can directly support the architects of these worlds and make a real difference.

Here's how you can take action to support comic creators:

• Prioritise Creator-Owned Comics: Purchase books from publishers like Image, BOOM!, and Dark Horse, where artists and writers maintain a share of the ownership and profits.
• Fund Original Work: Contribute to crowdfunding campaigns on platforms such as Kickstarter or Indiegogo to ensure creators are compensated fairly for new projects.
• Amplify Their Voices: Use social media to follow your favourite artists, share their work, and engage with their stories. Public attention is a powerful driver of industry change.
• Demand Industry Transparency: Encourage publishers to implement fair royalty structures and commit to sharing profits when characters and stories are adapted into other media.

Every single purchase you make and every creator you stand by helps rewrite the narrative, both on the page and behind the scenes. By supporting the original geniuses, we ensure the people who build these extraordinary worlds are rewarded for their work, not left unrecognized. After all, the heroes who create the heroes deserve our full recognition.

Important points

The foundation of the superhero industry rests on the original creators, yet a systemic failure to compensate them fairly persists.

The Core Problem: Work-for-Hire Contracts

The dominant business model for major publishers like Marvel and DC is "work-for-hire," which stipulates that creators receive a one-time payment while surrendering all ownership of their intellectual property to the publisher.

A Pattern of Injustice

The stories of legends like Jack Kirby, Jerry Siegel, and Joe Shuster, alongside contemporary figures such as Sara Pichelli and Ed Brubaker, who have missed out on sharing in the massive profits generated by their creations, evidence this structural inequality.

Pathways to a Fairer Future

There is hope for change. Implementing models like artist unions, creator bills of rights, and modern contract reforms could finally allow creators to receive a rightful share in the success of the characters and universes they build.

It is time for the industry to move beyond mere acknowledgement and provide the creators—the true architects of the superhero empire—with the wealth that honours their indispensable work.