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Why a U.S. Federal Court Ruled That Marvel's X-Men Aren't Humans

Ever since their introduction to the Marvel Universe in 1963, the X-Men have always had to deal with questions about their humanity. While their enemies will stop at nothing to cast them as monsters, the team continues to fight for a world where they are treated just like humans. Of course, that's just a moral on a comic book page; in the real world, it's in Marvel's best financial interest that the X-Men not be considered humans. In fact, they even went to court over it.

According to the podcast Radiolab, the question over the X-Men's heritage began in 1993, when international trade lawyers Sherry Singer and Indie Singh found an interesting provision in a book of federal tariff classifications. It turns out a "doll" can only be a representation of a human being, like a Barbie or Ken doll. A "toy," on the other hand, includes anything else—a robot, monster, demon, etc. Normally this would be nothing more than a technicality, but it turns out there's a marked difference between a doll and a toy when it comes to taxes. When a company imports a doll to sell in the U.S., they are taxed at 12 percent, while toys stand at 6.8 percent. There's no concrete reasoning behind this, but Radiolab speculated that domestic doll manufacturers had something to do with it.

Singer and Singh knew this distinction could be a sizable financial benefit for their client, Marvel Entertainment, who had an ownership stake in ToyBiz at the time. For years, Marvel had been importing its action figures as dolls, despite the fact that the company's cavalcade of brightly colored characters could hardly be classified as human in most cases. The two lawyers went to the U.S. Customs and Border Protection headquarters in Washington, D.C. with a bag full of action figures to try and convince the government that Marvel wasn't importing humanlike dolls, but instead very non-human toys.

The legal battle raged on for a decade, with a judge looking at various Marvel figures (beyond just the X-Men) to decide whether or not individual characters were human or not. Everything from Beast's blue skin to Wolverine's claws and Kraven the Hunter's muscle-bound physique were scrutinized, with lawyers on both sides weighing in on the philosophical ramifications of being human. After all, ToyBiz argued, how can these action figures be human if they have "tentacles, claws, wings, or robotic limbs?"

Official court documents [PDF] from the case are just as surreal, often sounding like overly formal Comic-Con discussions:

"The figure of 'Kingpin' resembles a man in a suit carrying a staff. Nothing in the storyline indicates that Kingpin possesses superhuman powers. Yet, Kingpin is known to have exceedingly great strength (however 'naturally' achieved) and the figure itself has a large and stout body with a disproportionately small head and disproportionately large hands. As it is, the figure is designed to communicate the legendary and freakish nature of the character. Even though 'dolls' can be caricatures of human beings, the court is of the opinion that the freakishness of the figure’s appearance coupled with the fabled 'Spider-Man' storyline to which it belongs does not warrant a finding that the figure represents a human being."

In 2003, Singer and Singh convinced Judge Judith Barzilay that the Marvel characters aren't quite human enough to deserve the taxation of a doll, leading the court to declare, “They are more than (or different than) humans. These fabulous characters use their extraordinary and unnatural physical and psychic powers on the side of either good or evil. The figures’ shapes and features, as well as their costumes and accessories, are designed to communicate such powers."

For the entire Marvel Universe to be catalogued as "non-human" might ring false to some fans, but for X-Men fans in particular, it was downright insulting. Chuck Austen, who was writing Uncanny X-Men when the ruling came down in 2003, said his goal while writing the books was to show the team's humanity, and that mutants were simply "just another strand in the evolutionary chain." Obviously this ruling flies in the face of the themes Marvel spent decades crafting.

Marvel itself had to quell concerns from fans by releasing a statement that read, "Don't fret, Marvel fans, our heroes are living, breathing human beings—but humans who have extraordinary abilities ... A decision that the X-Men figures indeed do have 'nonhuman' characteristics further proves our characters have special, out-of-this world powers."

In the never-ending world of comics, the X-Men will likely always be fighting for their rights to be treated as humans. But in the real world, the decision has already been made.

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Disney/Marvel Studios
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Afternoon Map
Marvel vs. DC: This Map Shows Each State’s Favorite Comic Universe
Disney/Marvel Studios
Disney/Marvel Studios

Which comic book company is the best: Marvel or DC? This is a perennial argument on middle-school playgrounds and Reddit threads, but this map, courtesy of USDish.com, might just give us a definitive answer. The information here is broken down by state, using information provided by Google Trends to give us a clear winner of not only the most popular comic book company but also the most popular individual hero in each state (let’s show a little respect to Indiana for championing the Martian Manhunter).

According to the map, Marvel is the most popular publisher in 37 states, with DC trailing behind at eight, and five additional states coming to a 50/50 stalemate. The totals weren’t a blowout, though. In certain states like Mississippi, Iowa, and Pennsylvania, the favored company only won by a point. And just because a state searches Google for a specific publisher the most doesn’t mean an individual character from the opposing team isn’t its favorite—Hawaii is listed as favoring Marvel overall, yet they love Aquaman on his own. Same with DC-loving Maryland showing Black Panther some love (helps to have a big movie coming out). Take a look at some of the most notable state preferences below:

So how did Marvel amass so many states when there are just as many DC TV shows and movies out there? Well, according to Andrew Selepak, Ph.D., a professor in the department of telecommunication at the University of Florida, and director of the graduate program in social media, the answer lies in the depth at the House of Ideas.

“While Superman and Batman may be dominant characters,” Selepak said in a statement, “the DC Universe offers few other well-known heroes and villains and when these other characters are presented to the audience in film and on TV, they often are less than well-received.” This is opposed to Marvel, which launches new heroes on the big and small screen seemingly every year.

Does this map tell the whole story? That’s up for debate. When it comes to comics sold, DC and Marvel are always in a close battle: In January 2018, DC had six of the 10 best-selling comics of the month, placing four of the top five. Marvel, meanwhile, had three, while Image Comics had one with The Walking Dead. In terms of overall retail market share, though, Marvel eked out DC 34.3 percent to 33.8 percent.

This is a battle that's been raging since the 1960s, and for an industry that thrives on a never-ending fight between good and evil, we shouldn't expect the Marvel vs. DC debate to be settled anytime soon.

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DC Comics, Warner Bros. Entertainment Inc.
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entertainment
The Dark Knight Is Returning to Theaters, Just Ahead of 10th Anniversary
DC Comics, Warner Bros. Entertainment Inc.
DC Comics, Warner Bros. Entertainment Inc.

Believe it or not, July 18 will mark the 10th anniversary of the release of The Dark Knight, the second entry in Christopher Nolan’s game-changing superhero movie trilogy. To mark the occasion, Showcase Cinemas—the movie theater chain behind the Cinema de Lux experience—is bringing the movie back to select theaters on the east coast for limited screenings on February 8 and February 11, /Film reports.

Many people consider The Dark Knight the best film in the Batman franchise (Tim Burton and LEGO-fied movies included). The film currently holds a 94 percent “fresh” rating with both critics and audiences on Rotten Tomatoes, making it the highest-rated movie in the Batman universe.

Much of the film’s acclaim came from Heath Ledger’s brilliant turn as The Joker—a role that won him a Best Supporting Actor Oscar (making him the only actor to win that award posthumously). Even Michael Caine, who plays Bruce Wayne’s ever-dutiful butler and BFF Alfred, admitted that he wasn’t sold on the idea of bringing The Joker back into Batman’s cinematic universe, after the character was so ably played by Jack Nicholson in Burton’s 1989 film, until he found out Ledger would be taking the role.

“You don’t try and top Jack,” was Caine’s original thought. But when Nolan informed the actor that he was casting Ledger, that changed things. “I thought: ‘Now that’s the one guy that could do it!’ My confidence came back,” Caine told Empire Magazine.

To find out if The Dark Knight is playing at a theater near you, visit Showcase Cinemas’s website. If it’s not, don’t despair: With the official anniversary still six months away, other theaters are bound to have the same idea.

[h/t: /Film]

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