The Jerry Siegel Project
Part Four: 1938 (The BIG One)
1938 is ground zero for all superheroes. It is the year that first real superhero was published: Superman. While other comic book characters came before Superman, none of them were more than just ordinary men acting to the fullest of their abilities. The Phantom, Buck Rogers, Flash Gordon and the others were just mere mortals. Superman was something beyond normal. The character was the perfect merging of Siegel’s science fiction and Shuster’s knowledge of muscle building.
After four years of shopping the concept around, in various forms and with at least two artists, Siegel finally struck gold. With Vin Sullivan now at DC, and Max Gaines pushing it, DC gave the go ahead for Superman to headline their next title, Action Comics. Jerry and Joe had now been employed by the company for nearly two years and in that time had given the company multiple strips. Jerry seemed to be a bottomless pit when it came to ideas, so a new strip wasn’t much of a problem for DC to approve.
Superman was one of those rare things – an instant hit. The concept caught on with children and sold well.
The year 1938 began with the news that Superman was to be published, and by the end of 1939 things were already moving off the rails. At the beginning Siegel and Shuster were as happy as they could be.
Note: I have been told that I’m transcribing material wrong, because words aren’t correct, or the grammar is incorrect. What you’re reading is exactly how it was written at the time. Often, especially in letters, the spelling and grammar was a mess, but that’s how they were written so that’s how they’ve been transcribed.
1938
Date: 10 January 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: Vin Sullivan writes to Jerry after being hired by Detective Comics, Inc, and wants to publish Superman.
Dear Jerry-
No doubt you’re quite surprised to be hearing from me from the above address...well, you know by now just what has happened: Nicholson Pub. in the hands of receivers, the suspension, for the time being, of Fun and Adventure Comics, the taking over of the publication of Detective Comics by the firm in which Mr. Leibowitz is business manager, etc.
I have on hand now several features you sent to Mr. Leibowitz in connection with the new magazine that is still in the embryonic stage.
The one feature I liked best, and the one that seems to fit into the proposed schedule, is Superman. From the drawing I can readily see that Joe Schuster was the person who handled the pen-and-ink end of the job. With all the work Joe is doing now (and that includes the features he drew for Fun and Adventure) could it be possible for him to still turn out 13 pages of this new feature?
Joe, of course, seems to have the proper touch in putting your stories on drawing paper, and if it were humanly possible I’d like to have him turn out the Superman for the new magazine. As it is now, he’s handling 27 pages for the other three magazines: 6 Fun, 4 Adventure, 17 Detective.
It strikes me that adding another 13 pages to his already filled schedule is loading him up to the neck. Please let me know immediately whether or not he can do this extra feature.
Of the other artists whose work you submitted, Tex Garnley appears to be the only outstanding one; and even his work can still stand a great deal of improvement. I’ll communicate with you further on these others but for the present enlighten me on Joe’s capability of doing 13 pages of Superman.
Best regards,
Vin Sullivan
Date: 11 January 1938
Event: Letter
To: Vin Sullivan
From: Jerry Siegel
Details: Siegel outlines how he and Shuster can manage to produce all of the work demanded successfully, including Superman.
Date: 12 January 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: Sullivan responds to Siegel’s letter with DC’s concerns about Shuster’s ability to produce the work required.
Dear Jerry,
Received your letter and was discussing with Mr. Leibowitz the conditions you mentioned under which Joe could handle Superman. I’m afraid it’s impossible for him to cut his pages down to six and even five panels…as a matter of fact we’ve been putting the pressure on the rest of the artists to increase their output to eight panels.
No definite steps have been taken as yet regarding the new magazine but if and when it does finally materialize, perhaps it could be arranged for Joe to drop a feature or all the features in Fun and Adventure Comics and have him concentrate solely on Detective Comics and Action Comics. Thus, with the 17 pages he’s doing for Detective could be added, let us say, a 13 page Superman feature for the new mag. How does that sound?
Why not have the other artists draw up a few panels of Zator, Captain Peril and Sir Gallant? That idea of having those other fellows pencil in their work and then have Joe ink in over it might work out…why not give it a try and see out the stuff looks?
By the way, on the Slam Bradley feature, I’d cut down on that full page title…I think half a page is sufficient.
Business, of course, is at a standstill on the other two magazines until the legal proceedings have been carried through. I let you know just how they turn out when the word reaches me. Meanwhile, keep all the pep in your stories and let’s hear from you soon.
Regards,
Vin Sullivan
Date: 15 January 1938
Payment: $170.00
Title/Details: Dr. Occult, Radio Squad, Spy, Slam Bradley, Federal Men
Publisher: Nicholson Publishing Co., Inc. NYC
Date: 26 January 1938
Event: Trademark
Title/Details: Action Comics
Publisher: Merwil Publishing Co. Inc
Details: Liebowitz signs a declaration for the trademark application for Action Comics. The application states that the title has been in use by the company since 1 December 1937. The Action Comics ashcan is submitted as proof. The fee to register the trademark is $15.00.
Date: 28 January 1938
Payment: $170.00
Title/Details: Spy, Slam Bradley . Dr. Occult, Federal Men, Radio Squad
Publisher: Nicholson Publishing Co., Inc. NYC
Date: 1 February 1938
Event: Solicitation
Title/Details: Publication Enterprises Co.
Publisher: Writer’s Digest
Details: Siegel again asks for comic book artists to submit their work.
We report on contributions immediately and pay 50% when remittance is received from publishers.
Date: 1 February 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: The final go ahead for Superman. This letter gives proof that the first Superman story was written and drawn before DC Comics bought it, thus it was not created as work for hire. The story, as it appeared in the first issue of Action Comics was the original newspaper strip, pasted and cut into a comic book format.
Dear Jerry,
I’m enclosing under separate cover the daily strip of Superman.
Start in immediately on the thirteen (13) page feature of Superman for the new Action Comics Magazine. I’d like to have the pages here in the office in about three weeks time, if possible.
Regards,
Vin
Date: 4 February 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: Sullivan writes to Siegel reinforcing the urgency of getting the Superman pages in on time. He also restates that Superman is to be published.
Date: 9 February 1938
Event: Letter
To: Jerry Siegel
From: M.C. Gaines
Details: Max Gaines tells Siegel that the McClure Syndicate are interested in publishing Superman as a daily newspaper strip.
Date: 16 February 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: Sullivan responds to a letter from Siegel. He tells Siegel that the legal action over Fun and Adventure Comics is over and that both comics are now published by Detective Comics, Inc. Sullivan lays out a monthly schedule of features for Fun (6 pages of Radio Squad), Adventure Comics (4 pages of Federal Men), Detective Comics (13 pages of Slam Bradley) and Action Comics (13 pages of Superman) for Siegel and Shuster. This equates to a total of 42 pages per month – eight panels per page - all to be drawn by Shuster. Sullivan tells Siegel that he hopes to get two to three months of work completed in advance and suggests that they perhaps do the art in the DC Comics office until they’re well ahead.
Date: 22 February 1938
Event: Letter
To: Jerry Siegel
From: Vin Sullivan
Details: Sullivan sends a silverprint of the cover for Action Comics No 1 to Siegel. The letter strongly indicates that the cover was produced by DC Comics and not drawn, as a cover, by Shuster. This was an idea from Siegel. “You’ll note that we already used one of those panel drawings of Superman, as you suggested in your recent letter.” Sullivan also gives reasons for DC dropping Dr. Occult – too gruesome and morbid for kids. “At times it did run a close second to the famous Dracula, so perhaps it might be best to stick to the clean, two-fisted, red-blooded features like Slam Bradley and Radio Squad. Sullivan then suggests that Jerry provide scripts or continuities to artists other than Shuster, thus Siegel can increase his workload as a writer.
Date: 1 March 1938
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Liebowitz writes to Siegel enclosing a check for the amount of $412, which is payment for the June issues of Action Comics (Superman), Detective Comics, New Adventure Comics and More Fun. He also encloses a release form for Superman (see below). He makes it explicitly clear that any pages that do not contain at least eight panels per page will be rejected. He points out that the last lot of work submitted had five panels per page.
Lebowitz says that the company has no idea what release forms, if any, that Siegel and Shuster have previously signed with Wheeler-Nicholson, so new forms will be drafted, sent and signed. He asks that the pair do their best work, and that Siegel should get busy and submit new material, and that Siegel’s income can be augmented with acceptable work.
Date: 1 March 1938
Event: Contract
Title/Details: Superman
Publisher: Detective Comics, Inc.
Details: The big one. This is the date when Siegel and Shuster sign over the rights to Superman. The common misconception is that DC paid Siegel and Shuster $130 for the ownership of Superman. This is technically incorrect. The payment of $130 reflects what the pair were owed for the thirteen pages of story for Action Comics No. 1. It was not an additional payment. Hence the pair were paid only what they were owed and signed over the rights to the character for nothing.
I, the undersigned, am an artist or author and have performed work for the strip entitled Superman.
In consideration of $130 agreed to be paid me by you, I hereby sell and transfer such work and strip, all good will attached thereto and exclusive right to the use of the characters and story, continuity and title of strip contained therein, to you and your assigns to have and hold forever and to be your exclusive property and I agree not to employ said characters or said story in any other strips or sell any like strip or story containing the same characters by their names contained therein or under any other names at any time hereafter to any other person, firm or corporation, or permit the use thereof by said other parties without obtaining your written consent therefor. The intent hereof is to give you exclusive right to use and acknowledge that you own said characters or story and the use thereof, exclusively. I have received the above sum of money.
Joe Shuster
Jerome Siegel
Accepted: Detective Comics, Inc.
Date: 3 March 1938
Payment: $424.00
Title/Details: Dr. Occult, Radio Squad, Spy, Slam Bradley, Federal Men, Superman
Publisher: Nicholson Publishing Co., Inc. NYC
Date: 5 April 1938
Event: Publication
Title/Details: More Fun No. 31
Publisher: Detective Comics, Inc.
Details: The first appearance of Superman in an ad for Action Comics No. 1.
Date: 8 April 1938
Payment: $430.00
Title/Details: Superman
Publisher: Nicholson Publishing Co., Inc. NYC
Date: 8 April 1938
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Leibowitz sends a check for $430 for Siegel and Shuster’s July material. This amount includes $6.00 which is the payment for the cover of Actions Comics No. 1.
Dear Mr. Siegel:
I am enclosing a check for $430.00 in payment of your July material that you wrote in your letter of April 1st amounts to $424.00 and I am also including $6.00 as payment for that cover used on the June ACTION COMICS.
With regards to your back account, believe me when I say that I’ve not had the time to analyze your statement. As you know, we have taken over the publishing of MORE FUN and NEW ADVENTURE COMICS beginning with the May issue and I would appreciate your breaking down your statement to show what material of yours appeared in the May and subsequent issues, for which you have not been paid. I will then be in a better position to check with our records.
Vin Sullivan is sending you a letter in criticism of the material that you have been sending us lately. Of course, we have loaded you up with 43 pages a month, which to our way of thinking seems to be a physical impossibility for one man to turn out. Of course, you have had to utilize your ingenuity in cutting corners to save time. That is, the fine detail which has formerly characterized your drawings has been sadly lacking.
After all, the success of the magazine is dependent on the type of work done by yourself and other contributing artists and it is for all our benefits to see to it that your best efforts be put into making the material as near perfect as possible. We are building for the future and the chances of your making more money is bound up with the success of the magazine. I’m looking for your complete cooperation for our mutual benefit.
Very truly yours,
DETECTIVE COMICS, INC.
J.S. LIEBOWITZ
Date: 10 April 1938
Event: Publication
Title/Details: Detective Comics No. 15
Publisher: Detective Comics, Inc
Details: This comic features an advertisement for Action Comics No. 1. To this point, Siegel and Shuster produced approx. 473 pages of material for the company.
Date: 18 April 1938
Event: Publication
Title/Details: Action Comics No. 1
Publisher: Detective Comics, Inc.
Details: The first appearance of Superman. This is the comic that would change the landscape of comic books and forever change the lives of everyone connected with it. It is now considered to the first superhero comic produced. Reports state that the initial print run was 200,000 copies. Sales would see the comic reprinted almost immediately.
From this point on, nothing would be the same for Jerome Siegel and Joseph Shuster.
Date: 18 April 1938
Event: Letter
To: Jack Liebwowitz
From: Jerry Sigel
Details: Siegel sends the signed release to DC Comics, giving them the rest of the characters that he and Shuster have created.
Dear Mr. Liebowitz:
Enclosed herewith find the signed releases for Radio Squad, Doctor Occult, Federal Men, Spy and Slam Bradley.
Regarding Superman. In their latest letter, McClure has instructed us to draw up the two weeks releases of Superman and get them submitted on July 1st. This, Joe and I will do. When we submit the drawn up strip to them I’ll inform you at once. I’ve no doubt that if you drop in on the McClure Newspaper Syndicate at that time to discuss matters, your presence will aid materially in the selling of the strip.
Thanking you in advance for prompt attention to the back-payment matter ...
Very truly yours,
Jerome Siegel.
Date: 20 April 1938
Event: Article
Title/Details: Siegel-Shuster School of Humor
Publisher: Daily News (Loas Angeles, California)
Details: The Daily News reports on a letter that Siegel had sent out promoting the Siegel-Shuster School of Humor. Siegel’s letter claims that a strong sense of humor can lead to benefits like popularity, self-confidence, romance, and even financial independence. The course covers topics such as “Why Humor Is Power,” “How to Heckle and Foil Hecklers,” and “Laughing Your Way Out of Difficulties.” Initially priced at $30 for 30 lessons, a preview edition is offered for $10 during the summer.
(May was a busy month for those who were and would become involved with Superman, and not for the right reasons.)
Date: 1 June 1938
Event: Industry
Title/Details: Comic and Cartoon Magazines
Publisher: The Author & Journalist
Details: The Author & Journalist gives a listing of the comic book companies in the USA at the time of the release of Action Comics No.1. The companies and their comics are as follows.
David McKay Co (Philadelphia): Ace Comics, King Comics
Famous Funnies (New York): Famous Funnies
Detective Comics, Inc. (New York): Detective Comics, More Fun Comics, New Adventure Comics, Action Comics, New Book Comics
Comic Favourites (New York): Feature Funnies
K.K. Publications, Inc. (New York): Mickey Mouse Magazine
Dell (New York): Popular Comics, The Funnies, The Comics
Ultem (New York): Star Rangers, Funny Picture Stories, Funny Pages
United Features Syndicate (New York): Tip Top Comics, Comics on Parade
Date: 14 June 1938
Event: Copyright
Title/Details: Action Comics
Publisher: Detective Comics, Inc.
Details: Copyright notices are received by the register of Copyrights (USA). They show that Action Comics No.1 was released on 18 April 1938 and Action Comics No.2 was released on 25 May 1938
Date: 1 July 1938
Event: Advertisement
Title/Details: Directory of Transcription, Producing and Talent Services
Publisher: Broadcasting Yearbook
Details: The annual Broadcasting Yearbook includes an entry for Publication Enterprises Co. Manager: Jerome Siegel, services, Scripts.
Date: 1 July 1938
Event: Advertisement
Title/Details: Being Funny Pays!
Publisher: Writer’s Digest and The Author & Journalist
Details: The Siegel-Shuster School of Humor promotes their course, ‘How To Be Funny’. The course was created by Jerry Siegel and Frank Shuster. Frank Shuster is the brother of Joe Shuster.
July 30, 1938 check for Paul Cassidy, who was working as an assistant for Shuster)
Date: 19 July 1938
Event: Trademark
Title/Details: Action Comics
Publisher: Merwil Publishing Co. Inc.
Details: The mark ‘Action Comics’ is formally gazetted for objection.
Date: 20 August 1938
Event: Publication
Title/Details: How To Be Funny
Publisher: The Siegel-Shuster School of Humor
Details: The course is published on this date. The formal copyright card was filled out by Jerry Siegel and signed by himself and Frank Shuster on 7 September 1938, and notarized by D.J. Snell, Public Notary.
Date: 26 August 1938
Event: Trademark
Title/Details: Superman
Publisher: Detective Comics, Inc.
Details: Detective Comics lodges the paperwork for the mark ‘Superman’. The declaration, signed by Jack Liebowitz, states that the mark has been continually used and applied to comic books since 3 January 1937. The total cost for filing the trademark was $15.00.
Date: 1 September 1938
Event: Industry
Title/Details: Comic and Cartoon Magazines
Publisher: The Author & Journalist
Details: The Author & Journalist updates their comic book company listings. Gone is Ultem. Added are:
Globe Syndicate (New York): Circus
Whitman Pub. Co (New York): Crackerjack Funnies
Centaur Pubs (New York): Funny Picture Soties, Little Giant Comics, Little Giant Movie Funnies
Date: 7 September 1938
Event: Pitch
Title/Details: Superman
Publisher: The Register & Tribune Syndicate
Details: Chas. E. Lounsbury writes to Siegel to give an update on the Superman pitch. Lounsbury advises that the editorial board has not yet met and assessed the material but would be doing so later in September. He praises the work and believes it has potential with a few changes. He closes out the letter noting that Siegel is also talking to the McClure Syndicate and understands that Siegel would go ahead with the latter if they wanted to take the strip on.
Date: 22 September 1938
Event: Contract
Title/Details: Superman Syndicated Strip
Publisher: McClure Newspaper Syndicate
Details: McClure enter into a five-year contract, beginning 1 June 1939 with Siegel, Shuster and Detective Comics, Inc, to publish a daily newspaper strip featuring Superman. The contract is preceded by an eight-month option, beginning on 1 October 1938, to enable McClure to conduct a survey of newspapers to see if the strip would be bought.
Under the terms of the contract, McClure will syndicate the Superman strip in newspapers six days a week. The agreement includes an exclusive syndication right for newspapers in the U.S., Canada, and globally. McClure will pay Detective Comics 40% of the net proceeds for the first year, 45% for the second year and 50% for each year thereafter. ‘Net’ proceeds is defined to mean gross receipts less costs of cuts, mats and proofs. If the strip generates $100 or more per week during third year and to the end of the five-year period, McClure has the option to renew the contract for an additional five years.
McClure also has reasonable editorial oversight. Siegel and Shuster are responsible for the quality of the strip and must keep six weeks ahead of deadline. The feature will be copyrighted in McClure’s name during the contract term, but the copyright reverts to Detective Comics after termination, and Superman remains the property of Detective Comics, which retains rights for radio, motion pictures, books, and other media.
A clause is inserted that will give Detective Comics the right to remove Siegel and Shuster and appoint other artists and writers if they fail to provide content on an advanced schedule to ensure timely distribution. Seigel and Shuster will be made available to promote the strip.
Detective Comics is responsible to paying Siegel and Shuster, and, for the life of the contract, Detective Comics will submit any other comic for syndicate purposes. McClure will provide Detective Comics with all the original art for the strip, so that DC can then use the art in comic books.
In addition to the daily strip, McClure has exclusive rights to release a Sunday feature under similar terms if deemed advisable. The rights are for the American and Canadian market alone. Detective Comics retains the right to sell foreign newspaper rights for material appearing in its magazines.
The last clause is a war clause and states that McClure can cancel the agreement in the event of a European war involving Great Britain between October 1, 1938, and February 1, 1939.
The contract is signed by Harry Donenfeld, Jerome Siegel, Joseph Shuster and Richard H. Waldo (President of McClure Syndicate)
Date: 22 September 1938
Event: Contract
Title/Details: Siegel & Shuster
Publisher: Detective Comics, Inc
Details: After the response to Action Comics and the McClure Syndicate picking up Superman as a newspaper strip, Siegel and Shuster enter into a new deal with DC Comics. The contract re-establishes and formalizes the working relationship between DC and Siegel/Shuster.
The contract begins with noting that Detective Comics, Inc. is the exclusive owner of Superman, Slam Bradley, Spy, Radio Squad, and Federal Men, and the rights to publish comic books containing said characters, titles and continuity.
Siegel and Shuster agree to provide monthly art and continuity for these comics and the Superman newspaper strip, maintaining the current quality standards. The pair have to deliver approximately 46 pages per month with the same number of panels as has been accepted previously. This would be the eight panels per page that Donenfeld demanded. Siegel and Shuster were now exclusive to DC and cannot provide similar work to other parties during the contract period. DC also has the first option to purchase any new comic ideas or art created by Siegel and Shuster.
Payment is outlined as follows: Superman $10 per page, Slam Bradley $10, Spy $10, Radio Squad and Federal Men are $9 per page each. For the newspaper strip, payment is would be better.
When DC get their payment of 40%, they would keep 7½% and send the rest of Siegel and Shuster. When the amount increases to 45%, DC would keep 9%, over 50% DC would keep 10%. Under this agreement Siegel and Shuster would be paid the lions share and DC would have the burden of meeting the expenses.
The contract is for five years from the date of signing, with an option for an additional five years. Detective Comics can terminate the agreement at any time if the work does not meet standards and they reserved the right to supervise the editorial content of the features and replace either Siegel, Shuster or both if they saw fit. Importantly, all materials created under this agreement are owned by Detective Comics, Inc., which retains the right to copyright them.
The contract is signed by Harry Donenfeld, Jerome Siegel and Joseph Shuster.
Date: 26 September 1938
Event: Letter
To: Jack Liebowitz
From: Jerry Siegel
Details: Jerry writes to Liebowitz asking for more money before signing the above contract and outlines his reasons.
Dear Jack:
I’ve just finished talking over with Joe the terms as determined in New York. In view that Superman is a great factor in Action Comic‘s success, that it has placed first in the Reader Poll, that along with other Action Comic strips it is being resold in Latin America and Mexico, that it contains 8 panels per page ... that when it is reprinted in the magazine as syndicate matter its income will be out as high as 50%, that other original comics which contained as little as 6 panels per page and which did not have as great reader-response received $15 per page, that reprint syndicate comics receive as high as $25 per page in other comic publications, it is our desire that commencing with the Superman releases we next submit, we receive $15 per page. Thus, when our reprint matter is cut by 50%, we will at least receive $7.50 per page. But the strongest reason we want $15 per page on Superman at once is because we believe it deserves it inasmuch as the strip is instrumental in the satisfactory sale of Action Comics. We are content that the page rates on the other features remain as they are. But we want to receive $15 a page on Superman starting at once. When you start using Superman reprint material you will base payment on this page rate minus the McClure percentage in effect at the time. We are certain that you will find this rate for the Superman pages upon which we insist, completely reasonable when you consider Superman’s worth. Awaiting your prompt reply.
Cordially,
Jerry.
Date: 27 September 1938
Event: Trademark
Title/Details: Action Comics
Publisher: Merwil Publishing Co. Inc.
Details: The mark ‘Action Comics’ is formally registered one this date.
Date: 28 September 1938
Event: Letter
To: Jerry Siegel
From: Jack Liebowitz
Details: Liebowitz responds to Siegel’s letter. He wasn’t happy and tries to downplay the success of Superman. The upshot, sign the contract or walk.
Dear Jerry,
Your letter of the 26th reached me yesterday afternoon, just as Mr. Gaines and I were going over the syndicate contract and making the changes which you discussed with him the last day you were in new York, That is an 8 months’ option instead of 4 months, with further provision that if a war should break out in Europe, in which England should be involved during the first 4 months of this 6 month option period, McClure would have the right to cancel the agreement.
I am sending you herewith three copies of the contract with the corrections indicated thereon, as well as the contract between ourselves.
Please note that you and Joe are to sign all three contracts between McClure, Detective Comics and yourselves and you are also to initial the changes where I have already put my initials on all three copies. Please return these three signed copies together with the two copies of our agreement signed by both of you by return mail, so that when Mr. Donenfeld comes back to New York in the next day or two, he can then sign them and I will have Mr. Gaines get the McClure Syndicate signature on your copy and return your copy of each contract.
Now, in reply to your letter. Frankly, when I got through reading it, it took my breath away. I did not anticipate that when I asked you to come to New York to discuss this matter of newspaper syndication, that you would want to take advantage of this visit and try to boost up your price on “Superman’‘. You must bear in mind, Jerry, that when we started Action Comics, we agreed to give you $10.00 a page, which was $4.00 a page more than anyone else is getting for any feature in any of our four books.
In addition, we’re paying you 9.00 and 10.00 a page for the other four features you are drawing for us - again $3.00 and $4.00 more a page more than we are paying any other artist. Where you got the idea that anyone was receiving $15 .00 a page I’d like to know. As regard your mention that other features contain 6 panels, I beg you to be a little more observant.
You will find that all contain 8, with the exception of where the action calls for a double spread. You, who have been the most flagrant violator in this particular respect, should have the least to say about such matters.
Also, take into consideration that when we decided to come out with Action Comics, we were taking a tremendous gamble involving many thousands of dollars. We have no assurance from anybody that Action Comics would not be a losing proposition -you took no such gamble.
As far as the rate of 25.00 for the reprint material is concerned when Superman reaches the same popularity as Dick Tracy, Orphan Annie, Skippy, Mutt and Jeff and dozens of other top notch features, you will be in the position to ask for more money- and we will be happy to compensate you accordingly.
As far as the popularity poll is concerned, we have approximately 300 letters in reply to this contest. If you were so observant, you may have seen that the majority of these letters have not been as yet and I don’t know whether Superman heads the list or Zatara or any other features carried in this book. If you base the popularity of your strip on the basis of any other feature, whether that feature is Popeye, Mickey Mouse, or any other top notch strip and if I thought for a moment that our magazine depended on your strip, I would certainly make every effort to avoid any such situation.
As a matter of fact, we have opened the other mail on the poll and we have found that about 25% indicate Zatara’ to be their favorite feature, 20% like Pep Morgan, 15% like Tex Thomson” and only 30% have designated Superman as their favorite, the balance being scattered among the other features in the magazine, so come off your high horse.
Is it possible that because we treated you like a human being – you suddenly got a swell head? It may also be that you are under the mistaken delusion that because you came into town to a large organization, which gave you time and showed you every courtesy which would be accorded to any big personage, you construed all these actions in the wrong light, that we were trying to get something from you. The case is distinctly the reverse. We were trying to give you, an inexperienced young man, the benefit of our experience and good will, in order that you get ahead in your ambition to become somebody in the comic field.
Don’t get the idea that everyone in New York is a “gyp” and a highbinder and because you are treated as a gentleman and an equal, not only by ourselves but by Mr. Gaines and the McClure people, that we are seeking to take advantage of you.
As I have pointed out to you many times, our company has very little to gain in a monetary sense from the syndication of this material. Also bear in mind, that we own the feature “Superman’‘ and that we can at any time replace you in the drawing of that feature and that without our consent this feature would not be syndicated and therefore you would be the loser in the entire transaction.
The amount of increase you demand does not hurt me as much as your attitude in the entire matter. I don’t want to be too harsh about it, because I realize that because of your inexperience you have made an unfair request. In time, if our association continues, you will learn that you have been very fortunate in meeting up with people who are looking out for your interest as well as their own.
Don’t forget Jerry, you and Joe are still young men. When we started to work with you, you were getting very little from Nicholson - when you got it, and not getting anywhere. We have more than doubled your revenue in the last six or seven months and only the future can tell how much further you will go.
Please give the entire matter your serious thought. It is entirely up to you and Joe, whether you with our pleasant relationship to continue and whether you wish the strip Superman to be syndicated.
Very truly yours,
J. S. Liebowitz
P.S. As there were too many changes in the contract, we decided to retype it, therefore there will be nothing to initial.
Date: 30 September 1938
Event: Letter
To: Jack Liebowitz
From: Jerry Siegel
Details: Siegel replies to Liebowitz. He clarifies his position, but ultimately, cowed by the threat of losing the deal, gives in.
Dear Jack:
Thank you for you long detailed letter in which you’ve explained many things to our complete satisfaction. Enclosed herewith you will find signed and returned the six contracts you forwarded. Please see that we get a signed copy of each of these contracts as soon as possible (we were never sent a copy of the earlier contract we signed with you).
My previous letter was evidently written under a misunderstanding. You see, we had absolutely no idea what you are paying for other features in the magazines. Too, we had heard that a 6-panel per page feature in one of the original comics magazines (now out of existence) had received $15.00 per page. (I was not referring to a 6-panel page in your publications.) At the time it appeared to us that Superman at least deserved whatever top rates you were paying for material (we thought that perhaps you were paying $15.00 per page for some material such as perhaps for O’Mealia whom we believe to be a high-priced man) Your information that we are already receiving $4.00 and $3.00 more per page than other contributors gives us the proper perspective. As I’ve mentioned before, Joe and I appreciate (especially after having worked for Nicholson) that we are getting a good deal from Detective Comics, Inc.
Your payments are prompt, your handling friendly and courteous – and who could ask for anything more! It looks like Great Britain will not enter a war so that clause in the contract shouldn’t create any difficulty. Joe and I are anxious and ready to do our best on Superman so that all parties concerned will profit. And we still wear the same size hats.
All this month’s pages are herewith enclosed under separate cover except the last seven pages of Superman which have come in late from the apprentice. We’ll get these last pages onto you. We’re already on next month’s pages and are confident we’ll be able to turn in at least two months’ releases of magazine work.
Best wishes to all the staff and best personal wishes to yourself. Thanks for showing me a good time while I was in New York.
Cordially,
Jerry
Date: 18 October 1938
Event: Submissions
Title/Details: Syndicates
Publisher: Writer’s Digest
Details: The American Artist’s League, Siegel’s latest company, asks for submissions showing that they were actively recruiting artists to take the load off Shuster.
We wish to contact illustrators and cartoonists who can do top-notch action drawing. They will sketch up the continuity we supply, for adventure comic strips, and will be promptly paid by the page. Caricatures and gag cartoon work not considered – only straight action art such as appears in strips like Flash Gordon, Tarzan, etc. We do not purchase written material of any nature – only art work.
During this period, Wayne Boring, then a staff artist at the Virginia Pilot sends in samples and is hired by Shuster.
I carried the magazine in my back pocket for a couple of weeks until I dropped them a line. And I got an answer back. I sent some samples of my work. Joe was living over on Third Avenue in a real rat-hole right on the elevated (subway). He had a room with a cot that you had to walk over to get to the other end! And there was the elevated right outside his window! Joe was a very timid little guy who wore elevator shoes. He got up and we shook hands on the bed.
Siegel and Shuster moved back to Cleveland, and Boring would be working with Paul Cassidy, John Sikela, and Leo Nowack. Boring’s first Superman (comic book) story was Action Comics No.7, cover dated December 1938 (released October 1938). He had been inking and pencilling backgrounds for the newspaper strip beforehand. Boring, along with the other Superman ghosts, was paid out of Shuster’s payments from DC. Siegel would pay writers for plot ideas.
We had an office about 12 by 12 with four drawing boards set up there. Jerry had a desk in the anteroom. But it was the smallest office in Cleveland. At first, Joe would sketch it out pretty lightly and we’d work over it. Later, he developed something wrong with his hand and his eyes were very bad. He already wore very thick glasses. Now, he’s almost blind. But he came in one day and started to delegate the work to someone else. He wore a gadget a doctor gave him -- a leather glove that completely immobilized his hand!
(Wayne Boring quotes from Amazing Heroes #41, February 1984)
Date: 30 November 1938
Event: Letter
To: Jack Liebowitz
From: Jerry Siegel
Details: Jerry writes Jack to discuss How To Be Funny inviting DC to become investors in a book. He also pitches a movie magazine and, more importantly, a new comic strip titled Superboy. Liebowitz passes on all the ideas in the letter but stores the Superboy concept for future use. At this point, he tells Siegel that no Superboy strip would be done and that he has rejected the idea
Dear Jack,
Enclosed herewith please find a letter from Dorrance & Company, Inc., concerning the publication of How To Be Funny. If you people would put up the advance amount required to start off publication for the sale of How To Be Funny as a book in book stores, Frank Shuster and I would be pleased to offer you a percentage of any royalties we receive on the book. Of course, if you could arrange to have the book published under your company imprint, sell it in bookstores, and offer us a royalty, such arrangement would be acceptable to us. Please return the Dorrance letter with your reply. And let me have your ideas on how we could work together on the How To be Funny proposition.
Now here’s an idea that might sound a little screwy to you, but nevertheless, here goers. How about a magazine entitled Movie Comics (the strip, not the magazine). The idea is that every month I would write a complete story, illustrated in the comic, which would make a good movie.
Each story would have different characters and each would be entirely unrelated to the previous release. The leading character of each strip would be built around the movie characterization of a well-known movie star, the artist would draw the leading character so that he (or she) resembled the actor, but a different name would be given the character – the likeness, tho, would be obvious. It is a well known facts that the film companies consider material only which has appeared in print. Copies of each of these well-done comic strips would be turned over to agents who would attempt to sell them to the studios. I’d do my best to develop good stories and have the characterizations strong and in the customary line usually followed by these actors. If sales weren’t made the movies, the magazine would srill have a good strip with plenty of variety, inasmuch as each story would be of an entirely different type. However, if any movie sales should be made, we would split the renumeration. Let me know whether you care at all for this idea or whether I should toss it into the ashcan.
Another suggestion. While talking to Mr. Nimis[1] the subject came up of what ‘top’ strip to use on the Sunday page of Superman. I suggested to him that we use a strip named Superboy, which would related the adventures of Superman as a youth. The appearance of Superman in Action Comics has developed the character very much that we now know how to handle him for syndication. Now don’t you think that it might be an idea for me to do a strip entitled Superboy for one of our other magazines, possible New Adventure Comics or perhaps More Fun Comics. I’d like the strip to have a large number of pages, such as 13 so I could develop it as well as Superman. However, how many pages you wish it to carry would be up to you. Since Superman is doing well with the readers of Action Comics, I think a strip like Superboy would be well received in New Adventure Comics and help the circulation as well as make the readers buy the magazine from issue to issue. Tho the strip would feature super-strength, it would be very much different from the Superman strip inasmuch as Superboy would be a child and the type of adventures very much different. There’d be lots of humor, action and the characters would be mainly children of about 12- years rather than adults. Also, inasmuch as this strip would probably be used as a newspaper feature, I should think that you would want to own the rights to it by having it first appear in your magazine.
The last seven pages of Superman are enclosed herewith under separate cover. Slam Bradley, much improved, will follow soon. If we do not get ahead much during the next month, it will only be because Joe is going to have a tonsil-removal operation. As a result, his work and speed of working should improve remarkably, as his infected tonsils caused re-current headaches during the last six months.
Best wishes to all from Joe and myself.
Cordially,
Jerry
Next: 1939. The decade ends with Jerry realizing that he probably shouldn’t have signed over Superman.
[1] Nimis was an executive at the McClure Syndicate
Fascinating, exhilarating, stuff in this series. Do you have further information identifying the two newspaper articles?