‘Kill the Umpire’, the 45-Years-Later Sequel: Warren, Dark Horse, and Creators’ Rights

In 1978, writer Ken Gale (later of Defiant Comics, Evolution Comics, and the comics-oriented radio show, ’Nuff Said!) submitted a script to Warren Publications which saw print in 1979’s Creepy #106. ‘Swords in the World Series’ was an oddball blend of  baseball, barbarians, and time-travelling wizardry, illustrated by Jim Starlin and Joe Rubinstein. While well-received, it was, like most of the one-off mystery/fantasy tales Warren printed, largely forgotten after its original publication. Until 2015, when Dark Horse Comics, having purchased much of the Warren inventory, reprinted the story in Volume #22 of the Creepy Archives.

Which came as a bit of a surprise to Ken, as it had been reprinted without notice, without consent, and without reimbursement. Because—admittedly, unlike the norm in the comics industry in the late 1970s—Ken had never signed a Work Made For Hire contract, the infamous (and even then, widely protested against) form by which creators relinquished all rights to their stories or art in exchange for their paycheque.

He wrote to Dark Horse to clarify the situation. From Ken’s letter to Dark Horse of April, 2017:

‘I have no doubt that Dark Horse acted in good faith in accepting the license and assurance that all works were Work Made For Hire. I wish to make it clear that I do not impugn Dark Horse’s intentions or motives. However, I can only speak for this instance, and the assumption of Work Made For Hire status is erroneous.

‘Further, while there may have been an understanding that Warren, the original publishers, could reprint the story in their publications if they so chose—the comics business operated a great deal more informally back then—I at no time gave permission for the story to be reprinted by any other publisher, as such a situation could not have reasonably been anticipated then. The extensive archival reprinting of series was a concept which simply did not exist at the time.’

Dark Horse, to their credit, were not unreceptive. While not acknowledging Ken’s claim to ownership of the characters and script, neither did they challenge it, and a reprint fee was paid.

Nevertheless, the ambiguity around the situation worried Ken, so after a few years of mulling it over,  he devised a sequel to the original story, to assert his ownership. In conjunction with artist Tom Ricotta, ‘Kill the Umpire’, a sequel to ‘Swords in the World Series’, was born.

We would like to have reprinted more than an excerpt of ‘Swords in the World Series’, but having been unable to obtain Jim Starlin’s consent (he hasn’t refused—we just haven’t been able to get hold of him!), we can’t really go ahead and post it without his permission—after all, that’s part of what Ken’s original complaint was about! But someone less cautious has reprinted the whole story on a web site, Diversions of the Groovy Kind, oriented to comics of the ’70s. Curious? Here’s the link.

And we are pleased to present, for the very first time anywhere, ‘Kill the Umpire’ in its entirety—with the caveat that it is entirely the joint property of Ken Gale and Tom Ricotta, and reproduced by us with their gracious consent, only nearly half a century after the original!