Originally published July 7, 2000, in Comics Buyer’s Guide #1390
One of the best moments in Austin Powers is when Dr. Evil informs his son, Scott Evil, that he is about to place Austin in an “unnecessarily slow moving” death trap, which he will then not deign to watch. The reason is, of course, is that the hero is being given every opportunity to escape, as is standard in any action movie death-trap. An incredulous Scott, not able to wrap himself around the concept, keeps urging his evil father to keep it simple. “I’ll run upstairs, I’ll get my gun, it’ll take five seconds, we’ll shoot him, done. It’ll be fun!” Scott’s agitation grows as Dr. Evil consistently rejects the course of action which will unquestionably guarantee that Austin Powers will never bother him again.
Finally Dr. Evil looks sadly at his son and sighs, “Scott… you just don’t get it.”
He could just as easily have been talking about Archie Comics.
Mike Silberkleit, the chairman and co-publisher of Archie, sent a press release around (and recycled the same press release into a personal letter that he sent to people who wrote in and complained) that endeavored to explain Archie’s position in the matter of Dan DeCarlo.
For those who came in late (as Lee Falk used to write) Dan DeCarlo, creator and/or co-creator of such Archie staples as Sabrina and Josie and the Pussycats, has been suing Archie Comics. You remember Archie Comics: They’re the publisher which, on the one hand, excoriated TV-Sabrina Melissa Joan Hart for posing in lingerie… and, on the other hand, think nothing of routinely producing comics which appeal to the most juvenile and prurient instincts of young male readership by showing its female characters in barely-there microbikinis while all the male characters endlessly ogle them.
The advent of the Josie movie prompted DeCarlo to move forward with a suit pressing what he felt were legitimate rights to the character—and, even more, rights to the money such a film might generate. The suit is wending its way forward, as such things do with excruciating slowness.
Is it possible for such a suit to be “just business,” as it were? For an employee to sue an employer and still continue reporting to work? Well, David Duchovny sued Chris Carter and Fox for X-Files money he felt he was owed. But Carter didn’t fire Duchovny; instead, the suit was subsequently settled during contract renegotiation.
Apparently Archie Comics wasn’t up to the challenge. Dan DeCarlo, eighty years old, a faithful employee for forty years, was bounced and informed that he should never darken its door again.
Silberkleit, in correspondence to inquiring minds, referred to the coverage of said event as “misleading reports.” In the press release itself, Silberkleit stated;
The central issue in the lawsuit between Archie Comics and Dan DeCarlo is what transpired in the early 1960’s when the original Josie property was created. Archie Comics has always acknowledged that the original Josie property–including Josie herself–was created jointly by DeCarlo and Richard Goldwater in the early 1960’s when Goldwater, acting on behalf of Archie Comics, commissioned DeCarlo to work with him on the creation of a new set of teen-age characters on a work-for-hire basis. The joint participation of Richard Goldwater and Dan DeCarlo in the original creation of the Josie property was publicly acknowledged by Archie Comics in the 1960’s by the placement of the legend “by Dan ‘n’ Ðìçk” on the covers of many issues of Josie and Josie & The Pussycats comics.
The generosity of credit distribution is truly awe-inspiring. Not “Created by Dan DeCarlo and Richard Goldwater.” “By Dan ‘n’ Ðìçk” on the cover. Could be Diver Dan and Ðìçk Dastardly. Could be Dan Dailey and Ðìçk Nixon. There’s something to inspire the creators. “Look, grandkids,” Richard Goldwater could say. “I’m the Ðìçk that helped create Josie and the Pussycats.” He “commissioned” DeCarlo to work with him to create a new teen group? What does that mean, exactly. Pope Julius II commissioned Michelangelo to paint the ceiling of the Sistine Chapel. That doesn’t make the Pope the co-creator of the fresco. Which isn’t to say that “Josie” is exactly high art, but then again, it was never meant to be. It was meant to be pop art that would generate money for the parent company… money that DeCarlo apparently feels he hasn’t gotten his fair share of.
The next paragraph gets really fun:
When DeCarlo brought his unfounded lawsuit asserting sole creatorship of Josie and seeking completely unwarranted monetary relief, the owners of Archie Comics, a small, family-owned business, ultimately found that they and their employees could not stomach having Dan, in his words, “sneaking” around Archie Comics’ offices. Accordingly, Archie Comics’ owners informed DeCarlo that they could no longer make use of his services.
Ohhh, where to start, where to start.
“His unfounded lawsuit.” That should save time and wear and tear on the court system. His Honor, Judge Silberkleit has decreed that the lawsuit is unfounded. Archie Comics is a “small, family-owned business.” That’s nice. Tony Soprano can say the same thing. One can almost picture Silberkleit sitting there, rasping deeply in a Brando-esque mumble, “Why is he treating us with such disrespect?”
“Their employees could not stomach having Dan” around? Surely that should be the employees problem rather than Dan’s. If employees don’t like having an upset woman who is suing for sexual harassment around, does she get the heave ho? If employees don’t like having a black man in the office, does he go, too? How many employees didn’t like Dan coming around? More than half? Less? Were they polled? Also, here’s a news flash: I work for half a dozen publishers, and I rarely come into the offices (sometimes never, what with Dark Horse being on the left coast.) Did Archie Comics say, “Dan, y’know… having you around here is kind of awkward. Why not just work out of your house and we’ll rely on Fed Ex?” You know, kind of like every publisher does.
No, not Archie Comics. The only possible remedy to the offended sensibilities of Archie employees was to fire an eighty year old man. No, not just fire. They could “no longer make use of his services.”
A beautifully constructed sentence, in that it puts the lie to Archie’s previous, and subsequent, protests of the esteem in which they hold DeCarlo.
This is not a situation in which an artist independently created a property which he signed away and has been left destitute. Rather, Archie Comics solicited DeCarlo’s involvement in the creation of the original Josie property and he has been handsomely compensated for his artwork on Josie and other comics published by Archie Comics over the years.
Oh, I see. The only circumstance in which an artist or writer should be able to move against a publisher whom he feels has shortchanged him is to wait until he doesn’t have the money to do anything about it. Otherwise, where does he get off not being satisfied?
(For many years, he has been the most highly compensated individual at Archie Comics, employee or independent contractor, other than the two owners). In addition, Archie Comics has given voluntary bonus payments to DeCarlo in recognition of his contribution to the creation of the original Josie property (as well as the Sabrina property). Archie Comics firmly believes that it has always treated DeCarlo fairly and that his lawsuit is an undeserved slap in the face.
And there’s no better response to a slap in the face than kicking an old man in the crotch, right, Mike? Dan DeCarlo is highly compensated? Good. But obviously he feels he’s not being compensated highly enough. And the key to Archie’s inability to comprehend that lies with the earlier comment about no longer “making use of his services.” Ultimately, as far as Archie is concerned, Dan DeCarlo isn’t a partner in imagination, a co-creator of some of the most popular and lucrative characters around. No, he’s simply a field hand, laboring away in the bean fields. But wait, what’s this? DeCarlo wants more than just being the best paid laborer? He wants not only money that’s commensurate with his contribution, but he wants to be thought of as (gasp!) something special? Well, look how quickly the esteem in which he’s held goes south.
Archie Comics is trying to say that it’s just about money. But it’s not. It’s about Dan DeCarlo overstepping his bounds, becoming a metaphorical uppity ņìggër, and being slapped down quick and slapped down hard because he dared to be dissatisfied. Dissatisfied with what was being offered to him after the Massuh benefited from a crop that reaped far greater benefits than anyone could have envisioned.
And ultimately, it’s about good business and smart business versus bad business.
Harlan Ellison remembers, and worked for, Louis Silberkleit, Mike’s father and pulp editor. According to Ellison, Silberkleit pere was a notorious skinflint, but even he (Ellison claims) “would have known better” than to do what Michael Silberkleit and Archie Comics are doing. It’s bad publicity. It’s a black eye for the company, and it’s so dámņëd unnecessary. Archie Comics is trying to do two things, and two things only: Save a buck and punish the uppity DeCarlo. Whether they’re saving money in the long run is something yet to be revealed, but in the short run they’re taking incredible hits. Pros are siding with DeCarlo in droves, and fans are talking boycott. Certainly a boycott is something Archie Comics could relate to and understand. After all, Archie Employees “couldn’t stomach” having Dan DeCarlo around. So it’s equally logical for retailers and fans who can’t “stomach” supporting Archie Comics to treat them with as much consideration as Archie Comics treated DeCarlo.
Bad business. Bad decisions. Bad judgment. Bad moves all around that, as the press release indicates, were motivated basically by pricked egos and egotistical…
Well, you get the idea. As for Archie Comics, well… they just don’t get it.
(Peter David, writer of stuff, can be written to at Second Age, Inc., PO Box 239, Bayport, NY 11705.)
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