To be honest, there are elements of all of this that just bother the Hell out of me.

Welcome to Earth...! I grew up reading DC COMICS, more than those of any company. To quote author Harlan Ellison, "I'm a DC kid!" It never mattered to me who was more popular at any given time, or if other kids were making theirs MARVEL -- I was LOYAL to this company. Loyal to the point of always submitting to them first, whenever I had a story or art submission that was ready to make the rounds. I wanted my artwork to grace covers beneath a DC bullet. If you'd told me even five years ago that I'd be in this position now, ready to square off in court against this company...I'd have found it unlikely. Possible (remember Seigel and Shuster), but unlikely.

And in case it hasn't been made clear, I doubt that I could care more about Superman the character if I'd created him myself. Superman is the REASON I chose to get into this ridiculous business, and it almost makes me sick to think that of all the characters in existence for me to have a story snatched away from me featuring...why THIS one? Not that I'd have accepted it any easier had it been say a Batman or Captain America story, but this hits home in a bad way. The character himself stands for honesty, fairness and integrity; yet I'm still waiting for the company that owns him to display these qualities in dealing with me.
Also, Steve Gerber is a FANTASTIC writer, who deserves far more than to be stuck in the middle of this legal morass. (And it should be noted, Mr. Gerber knows a thing or two about legal morasses! He created HOWARD THE DUCK, y'know...) I only just recently rediscovered that he was the author of a seminal mini-series from my own childhood: "THE PHANTOM ZONE", a creepy little piece of business from the early eighties that to this day gives me chills. It also demonstated that Mr. Gerber even then had a solid grasp on what made The Last Son of Krypton tick.
But there are entirely too many coincidences here for me to just dismiss the matter. From the title to the manner of publication to the timing involved, it all just says that there's something not quite right about this project.
Just over two years ago I received a phone call from an editor at DC COMICS. This person was responding to several submissions I"d just sent them. (This was over a year after I'd submitted S:T.L.S.o.E.) It was the editor's belief that I needed to "back off", because I "just wasn't ready"to have a work published. I took exception to that then, but I take even more exception to it now.

Because you see, I WAS ready. I had been ready for at least a year; that was when I sent them an idea that - even if you give DC the benefit of the doubt - was startlingly close to an idea that they were putting into production at the SAME TIME.Consider, by my own rough estimations it would have taken approximately THREE YEARS between conception of the idea to final publication, had DC picked up the story from me when it was submitted. In the notes to his FLASHPOINT Elseworlds mini-series, writer Pat McGreal states that previous similar projects he has worked on for the company have generally taken about THREE YEARS from initial pitch to final publication.

Meanwhile, back on Krypton...!

Which makes this all the more infuriating. You're talking about a great character, a huge company that's been in business for years publishing books which have won them fans of all ages, a writer who's been around the block and who knows his craft and who understands the importance of covering yourself legally -- so how does THIS happen? For my part, I'm glad I covered the bases and saved everything from the outset. Every piece of correspondence, everything showing I'd created this when I did; this all only serves to protect me. I basically have proof to support every statement I've made and my beliefs that this story originated with me. Yet I've never sold a work to a major publisher, nor had any dealings that would have merited taking such steps...still, I have proof and I've shown it.
I'd be interested in hearing what YOU have to say, now that you've seen and read about what's involved.

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All original artwork contained on this site Copyright 2001 M.L.Walker. All Rights Reserved. SUPERMAN and all related characters are Trademarks of DC COMICS, INC. The use of any and all artwork from DC COMICS is meant solely for legal discourse and review purposes. No other publishing rights are claimed whatsoever.
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