The Jerry Siegel Project

Part Five: 1939

As 1939 dawned it became apparent to both Siegel and DC that Superman was a hit. Proof of this came with sales, media mentions and two major events: the birth of a newspaper strip (which was Jerry’s endgame all along) and the publication of a comic named Wonderman, written and drawn by Jerry Iger and Will Eisner no less, which was deemed by the courts to be a direct copy of Superman, resulting in the first Superman litigation. Sadly it wouldn’t be the last as more cases would follow, even to 2025 when Shuster’s nephew would file for the rights, but that’s another story. In virtually all cases, DC would triumph.

If Jerry was reading Writer’s Digest, he would have seen more clues as to what Donenfeld and Liebowitz were up to. If he was concerned, he didn’t express it in his correspondence.

The newspaper strip debuted in January and complaints from the syndicate and DC started at almost the same time. Most of the complaints from DC revolved around the art of Shuster. This would come to a head as 1939 ended, as the once united pair would become divided by contracts and the solidarity the pair shared with their 50/50 split would end for good.

1939

Date: 1 January 1939
Event: Mention
Title/Details: What Do You Say, Jack?
Publisher: Writer’s Digest
Details: An interesting write up in Writer’s Digest. A recent monthly, Jack Dempsy’s Magazine has gone out of business, owing money to contributors. The publisher of the magazine is the News Guild Publishing Co., Inc,. The article calls for people to address their complaints to the Treasurer of the company, Harry Donenfeld, and the auditor, Jack Liebowitz, with the address being 180 Lexington Avenue, New York City.

Date: 20 January 1939
Event: Mention
Title/Details: 165 Seniors to Get Glenville Diplomas
Publisher: The Plain Dealer
Details: Bella Lifshitz graduates with the January class.

Date: 3 January 1939 (approx.)
Event: Ashcan
Title/Details: Superman
Publisher: Detective Comics, Inc
Details: DC make an ashcan of a proposed title, Superman, for trademark protection. Partial reprint from Action Comics #8.

Date: 16 January 1939
Event: Publication
Title/Details: Superman Daily Strip
Publisher: McClure Newspaper Syndicate
Details: Superman Comes to Earth begins in newspapers on this day.

Date: 1 February 1939
Event: Company
Title/Details: Detective Comics, Inc.
Publisher: Writer’s Digest
Details: Notice that all publications owned by Nicholson Publishing Co have been taken over.

Date: 3 March 1939
Event: Letter
To: Jack Liebowitz
From: Richard H. Waldo
Details: Suggestion that Superman have a weakness, as per the McClure Syndicate’s wishes.

I don’t think it would amiss to pass the tip along to Siegel and Shuster to develop some kind of an Achilles hell for Superman. Constant triumphs making anybody he opposes merely a setup is going to prove tiresome to the reader before very long because the continuity is robbed of all suspense. The guy is going to have get into some kind of trouble which even he will have a hard time fighting his way out of in order to keep the feature from losing interest. The fool killer idea is all right but will become monotonous in time.

Date: 10 March 1939
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Comparison of Superman and Gladiator after potential legal action was raised, plus details of the newspaper strip.

Dear Jerry,

in answer to your last letter I think your summing up of the comparison between the Gladiator and Superman was quite to the point.

I have been informed by the attorney handling this case who, by the way, is the attorney for the publisher of the book and also for George Bernard Shaw, amongst others. He states that having read the Gladiator and seeing some of the strips such as Superman running faster than a train and knocking out six men at one time and knocking over a train, he finds that these incidents are out in the book the Gladiator and it is liable to be a tough case. I will keep you informed. Also let me have any further thoughts you may have on this matter.

I have spoken with McClure regarding the statement on the strip sale.

The first statement will cover the period up to March 1st and will be received from McClure around 25th of March. The strip is at present appearing in the following newspapers Boston Transcript, Milwaukee Journal, San Antonio News, Houston Post, San Francisco Chronicle, Los Angeles News. I have also been told yesterday that the strip has been sold to Poland Yugoslavia Belgium and France. It looks like you will be getting results soon.

As things are at present you will be behind schedule. We should be receiving all the stuff around the first of every month. I hope you will make a sincere effort to complete your art to conform with our requirements.

With best regards to Joe I am,

Sincerely yours

J.S. Liebowitz

Date: 16 March 1939
Event: Legal Action
Title/Details: Detective Comics, Inc., v Bruns Publications, Inc., Kable News Company and Interborough News Co.
Details: Detective Comics files suit against Bruns Publications over the publication of a comic book titled Wonderman. DC claims that the comic, drawn by Will Eisner, infringes on the Superman copyright.

Date: 27 March 1939
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Liebowitz outlines what he sees as the many problems with Siegel and Shuster and outlines a potential solution.

Dear Jerry,

I have written to you many times in the past on the impossibility of allowing conditions affecting the work you are doing for us and McClure to exist as they are. Every morning it seems to me I receive copies of criticisms and complaints sent to you by Miss Baker of McClure. To that I can also add the many unwritten letters of complaint that we have to offer.

Now it seems to me, that if you don’t already realize, that your success and that of Joe is hampered by every mistake you make, with particular reference to the newspaper strip. In the publication of that strip you reach a wider and more critical audience, not only in adult readers, but also in the managing editors who seem to see great possibilities for this strip, but predict complete failure if it changes not quickly made.

To my mind, without casting any reflections on your ability, you have the germ of a great idea in Superman but you need constant editorial supervision and an alter ego who can criticise and point out small details which are noticeable to an outsider and which may make or break the strip.

We have discussed with you on numerous occasions the need for your submitting the continuity for the Superman magazine strip in advance, so that we may be helpful with many suggestions. You have made promises that you would comply with our request. So far we continue to get the work from you in haphazard fashion, a page today an board tomorrow and this month particularly you’re holding up our schedule over 20 days. Because of our need to meet printing schedules, we many times are forced to take whatever sent on, but we have too much at stake in a situation like this to go on without making an effort at a solution.

My suggestion and of our other associates here is that you and Joe should come on to New York where we can be at a moment’s touch with everything that you do. I think with a daily routine in an office, you will be able to accomplish a great deal more away from the many distractions from working at home.

Mr Nimis of McClure was here today and he stated that they definitely do not intend to go on as they are. While they realise it might at some future time make money for everybody, they feel that the time and effort and aggravation encountered in getting this thing going properly is not worth while, because of your lack of cooperation.

Now you and Joe give this serious consideration. Do not be guided by your present monetary results. We have made every effort to increase your earning capacity and we are hoping to do more, but you must invest now in building for the future.

Your residence in New York need not be forever, but at least until such time that you have the thing going properly and have succeeded in getting ahead on your work.

I would appreciate a prompt reply as to your reaction to my suggestions.

Very truly yours,

J.S. Liebowitz

Date: 31 March 1939
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Details about Superman #1 front and back covers

Date: 3 April 1939
Event: Submission
Title/Details: Superman No.1
Publisher: Detective Comics, Inc
Details: Siegel & Shuster hand in all work for Superman #1

Date: 6-7 April 1939
Event: Legal Action
Title/Details: Detective Comics, Inc., v Bruns Publications, Inc., Kable News Company and Interborough News Co.
Details: The Wonderman case goes to trial. Giving evidence are Jack Liebowitz, Jerry Siegel, Warren A. Angel, Max C. Gaines, Sheldon Mayer, Harry Donenfeld, Will Eisner, Sam Iger and Victor S. Fox.

Points from the trial:

Liebowitz: Action Comics is currently selling 500,000 copies per month.

Siegel: Denied seeing The Phantom before he created Superman and suggests that the similarities came between the pair were from someone seeing a Superman submission at King Features Syndicate.

Eisner: Denied seeing or hearing of Superman before he started work on Wonderman. Claimed that the idea for Wonderman was done in January 1938 and influenced by The Phantom. Claimed Iger had done sketches in early 1938.

Iger: Backed up Eisner but couldn’t produce any sketches dated January 1938 as he had destroyed them during the summer of 1938. Also claimed that the sketches were originally done in late December 1937 and was influenced by The Phantom. Claimed to not have seen Superman pre the publication of Wonderman.

Fox: Claimed to have shown a dummy comic titled Kid Comics to Donenfeld in January 1938 which featured Wonderman with the intention of having Donenfeld publish it.

Gaines: Claimed that Iger came into the DC offices in April 1938 and took away one copy of the five magazines they were publishing, including the first issue of Action Comics. He saw the Superman submission at Dell Publishing’s office in January 1936 and then again at McClure in December 1937. He then contacted Siegel and submitted it all to Liebowitz in January 1938.

Mayer: Back up Gaines in the claim that Iger was handed a copy of Action Comics No.1 in April 1938.

Donenfeld: Denied seeing the dummy copy of Kids Comics or Wonderman, as per Fox. He couldn’t have met Fox in January 1938 as he was on vacation in Florida and Cuba.

Date: 21 April 1939
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Liebowitz let’s Siegel know that he not happy with the quality of work that he and Shuster are submitting to both DC Comics and the McClure Syndicate.

Dear Jerry:

I have written to you many times in the past on the impossibility of allowing conditions affecting the work you are doing for us and for McClure to exist as they are. Every morning it seems to me I receive copies of criticisms and complaints sent to you by Miss Baker of McClure.

To that I can also add many unwritten letters of complaints that we have to offer.

Now, it seems to me, that if you don’t already realize, that your success and that of Joe is hampered by every mistake you make, with particular reference to the newspaper strip. In the publication of that strip you reach a wider and more critical audience, not only in adult readers, but the managing editors who seem to see great possibilities for this strip, but predict complete failure if a change is not quickly made.

To my mind, without casting any reflections on your ability, you have the germ of a great idea in Superman but you need constant editorial supervision and an alter-ego who can criticize and point out small details which are noticeable to an outsider and which may make or break the strip.

We have discussed on numerous occasions the need for your submitting the continuity for the Superman magazine strip in advance, so that we may be helpful with many suggestions. You have made promises that you would comply with our request. So far we continue to get the work from you in haphazard fashion, a page today and more tomorrow and this month particularly you are holding up our schedule over 20 days.

Because of our need to meet printing schedules, we many times are forced to take whatever is sent on, but we have too much at stake in a situation like this to go on without making an effort at a solution.

My suggestion and of our other associates here, is that you and Joe should come on to New York where we can be at a moments touch with everything that you do. I think with a daily routine in an office, you will be able to accomplish a great deal more away from the distractions from working at home.

Mr. Nimis of McClure was here today and he stated that they definitely do not intend to go on as they are. While they realize it might at some future time make money for everybody, they feel that the time and effort and aggravation encountered in getting this thing going properly is not worth while, because of your lack of cooperation.

Now you and Joe give this serious consideration. Do not be guided by your present monetary results. We have made every effort to increase your earning capacity and we are hoping to do more, but you must invest now in building for the future.

Your residence in New York need not be forever, but at least until such time that you have the thing going properly and have succeeded in attention or, worse yet, a loss of uniqueness.

Liebowitz

Date: 10 May 1939
Event: Advertisement
Title/Details: American Artists League
Publisher: 1939 Radio Annual
Details: Siegel is now asking for serial scripts. President: Jerome Siegel. Manager: Frank Shuster.

Date: 11 May 1939
Event: Legal Action
Title/Details: Detective Comics, Inc., v Bruns Publications, Inc., Kable News Company and Interborough News Co.
Details: The court finds for Detective Comics, Inc.

Plaintiff’s aforesaid copyrights nave been infringed by defendants by virtue of the publication and distribution of the Mlay, 1939 issue of the periodical entitled ‘Wonder Comics’.

Date: 18 May 1939
Event: Publication
Title/Details: Superman No.1
Publisher: Detective Comics, Inc
Details: This comic reprints stories from Action Comics #1-4. The first story has a 2-page recap of origin, plus extra pages not in Action Comics #1, creating a bridge between first and second story, making it a 2-parter. All new Shuster cover art.

Date: 1 June 1939
Event: Solicitation
Title/Details: American Artists League
Publisher: Writer’s Digest
Details: Siegel again calls for skilled artists capable of producing action-adventure strips.

Date: 4 June 1939
Event: Marriage
Publisher: The Plain Dealer
Details: Jerome Siegel, aged 24 marries Bella Lifshitz, aged 18. This is reported in the Sunday edition of The Plain Dealer, on the date listed.

Date: 11 May 1939
Event: Legal Action
Title/Details: Detective Comics, Inc., v Bruns Publications, Inc., Kable News Company and Interborough News Co.
Details: Victor Fox appeals the decision.

Date: 29 July 1939
Event: ABC
Title/Details: ABC members
Publisher: Editor and Publisher
Details: Detective Comics Group becomes a member of the Audit Bureau of Circulation.

Date: 5 August 1939
Event: Publication
Title/Details: Triumph No.772
Publisher: The Amalgamated Press
Details: The first appearance of Superman in the United Kingdom.

Date: 11 September 1939
Event: Article
Title/Details: Time Magazine
Details: An article mentioning the rising popularity of Superman.

Date: 23 September 1939
Event: Mention
Title/Details: Superman Daily Strip
Publisher: Editor & Publisher
Details:

Date: 29 September 1939
Event: Payment
Title/Details: $160
Publisher: Detective Comics, Inc.
Details: Jerry is paid for his work on Slam Bradley and Spy.

Date: 1 October 1939
Event: Mention
Title/Details: Recent Additions
Publisher: The Author and Journalist
Details: The Author and Journalist notes the latest comic books to appear on the stands. These are:

Detective Comics, Inc.: Superman, All America Comics, Movie Comics

Centaur Publications: Funny Pages

Comic Favorites: Feature Comics

Whitman Publishing Co.: Super Comics

Smash Comics: no publisher listed.

Date: 8 October 1939
Event: Letter
To: Bernard Kantor
From: Jerry Siegel
Details: Jerry pays Kantor $50 in cash for a Superman plot. Jerry also informs Kantor that he has just created a new ‘fantastic’ character named The Spectre, which will debut in the February 1940 issue of More Fun Comics. He invites Kantor to submit plot ideas for the new character. This letter proves that Siegel was actively seeking out plot ideas for his works at an early stage.

Enclosed herewith please find a fifty dollar bill which is payment for the assistance I received from your Superman plot. I’m glad I got in touch with you at this time when you will be able to use the income from selling me Superman plots. Payments will always reach you just as promptly as I can ascertain whether my version of your synopses are acceptable to the editors.

Date: 15 October 1939
Event: Radio Show
Title/Details: Radio Adaptation
Publisher: Broadcasting
Details: Broadcasting notes that a radio adaptation of the adventures of Superman has been made by Frank Chase & George Ludlam of New York for sponsorship, either live or recorded form, by national or local advertisers.

Date: 15 December 1939
Event: Advertisement
Title/Details: Directory of Transcription, Producing and Talent Services
Publisher: Broadcasting
Details: Entry for American Artists League.

Date: 19 December 1939
Event: Contract
Title/Details: Employment Agreement
Publisher: Detective Comics, Inc
Details: Siegel and Shuster sign a new agreement. The modified agreement now removes any and all payments that Shuster was getting for Slam Bradley, Spy, Radio Squad and Federal Men. It also gives DC the right to cut a separate deal with Siegel at the expense of Shuster.

Dear Sirs

We have discussed with you certain changes of procedure and compensation which we feel it advisable to set forth in a written modification so as to bring our agreement of September22, 1938 down to date.

In the 1938 agreement we had agreed to pay both of you for the art work and continuity for the comic stripe entitled Superman, Slam Bradley, Spy, Radio Squad and Federal Men at certain rates per page. Since that time, however, while both of you have continued to furnish art work and continuity for Superman, only Mr. Siegel has continued to furnish the continuity for the remaining comic strips. Mr. Shuster no longer furnishes the art work for Slam Bradley, Spy, Radio Squad and Federal Men. Also, we have discussed with both of you a change of your page rate compensation with respect to Superman.

Effective, therefore, upon the signing of this modification, we agree

to pay to both of you for all art work and continuity for Superman at the rate of $20 per page, and both of you agree that you will at such rate continue to furnish all art and continuity work for Superman to us in accordance with the agreement or September 22, 1938. As to the remaining comic strips, we shall be free to make other arrangements with Mr. Siegel personally as to the furnishing of continuity for them and also make other arrangements for the furnishing of art work for them in view of the fact that Mr. Shuster no longer furnishes the same.

We have also informed you of our activities in promoting the commercial exploitation of Superman in other fields in addition to magazine publication and newspaper syndication. Such other fields include radio, motion pictures, the toy and novelty field and others and we have indicated to you our willingness that both of you receive some portion of the proceeds which may be realized from these additional activities. We, therefore, hereby agree to pay to you 5% of all net proceeds which may be derived by us from all commercial exploitation of Superman outside of magazine and book publication and newspaper syndication. Such net proceeds shall be arrived at by deducting from the gross proceeds from any such additional sources (except magazine and book publication and newspaper syndication) all expenses incurred by us in the course of such promotion and exploitation.

By your signatures below, you hereby confirm the foregoing arrangements, and you hereby further confirm the following:

1. That we, Detective Comics, Inc., are the sole and exclusive owners of the comic strip entitled Superman and the other comic strips entitled as above mentioned, and to all rights or reproduction of all said comic strips and the titles and characters contained therein and the continuity thereof, including but not limited to the fields of magazine or other book publication, newspaper syndication, radio broadcast, television, motion picture reproduction and all other form of reproduction. We have all right of copyright and all rights to secure copyright registration in respect .of all such forms of reproduction either in our own names or others at our exclusive option.

2. That you have not done or permitted any act or thing which might impair any of our aforesaid rights with respect to any of the aforesaid comic strips and that so far as you are concerned our full and complete ownership thereof and of all reproduction rights in connection therewith are vested in us free and clear of the rights of any other persons or parties whatsoever.

3. That we have the unrestricted right to adapt, arrange, change,

transpose, add to and otherwise deal with any or all said comic strip and the titles, characters and continuity thereof as we in our sole discretion may deem it necessary or advisable to do so.

4. That we have the unrestricted right to grant to others upon such

bases as we in our sole discretion shall determine, any of the foregoing rights of reproduction with respect to any of the aforesaid comic strips and the titles, characters and continuity thereof.

You hereby agree to execute any and all further instruments which may at any time be necessary or advisable in connection with any of tba foregoing rights and property now vested in us and for that purpose and for all other purposes hereunder you hereby designate us and our successors and assigns your agents and attorneys in fact irrevocably.

This modification shall become effective immediately upon your signing the same below and continue in full force and effect throughout the life of the agreement dated September 22, 1938 as the same has been modified hereby. Both you and ourselves hereby ratify and confirm the foregoing agreement dated September 22, 1938 as the same bas been modified by this letter.

Signed

Jerome Siegel

Jospeh Shuster

Harry Donenfeld

Date: 19 December 1939
Event: Contract
Title/Details: Employment Agreement
Publisher: Detective Comics, Inc
Details: Jerry Siegel signs a new agreement with Detective Comics, Inc. His contract, separate from the one listed above, will see him receive $4.00 per page of continuity (script) for Spy, Slam Bradley, Radio Squad and Federal Men. It is signed by Siegel and Donenfeld and also Shuster, who has to sign it in order to give his consent to the separate deal.

From this point on, Siegel would be making more money than Shuster, they would no longer be sharing the proceeds of their work on a 50-50 basis. Even though they shared in a studio, any and all payments to art assistants would be paid out of Shuster’s share of Superman. Siegel did not contribute to the cost of hiring artists to assist Shuster.

Date: 28 December 1939
Event: Publication
Title/Details: More Fun Comics #52 (cover dated February 1940)
Publisher: Detective Comics, Inc
Details: 1st Spectre by Siegel and Bernard Bailey. Spectre covers begin.

Next: The 1940s.