Seymour Chwast Archives - Robot 6 @ Comic Book Resources

Comics A.M. | Jack Kirby’s heirs appeal Marvel rights ruling

Jack Kirby

Legal | The lawyer for Jack Kirby’s heirs asked the 2nd Circuit Court of Appeals on Wednesday to overturn a 2011 ruling that Marvel owns the copyrights to the characters the late artist co-created for the publisher, arguing that a federal judge misinterpreted the law. Attorney Marc Toberoff, who also represents the heirs of Superman creators Jerry Siegel and Joe Shuster in their fight against DC Comics, told a three-judge panel that a  freelancer who gets paid only when a publisher likes his work is not, under copyright law, performing work for hire. Marvel countered that Stan Lee’s testimony established Kirby drew the contested works at the publisher’s behest; the Kirby family insists the lower court gave too much credence to Lee’s testimony. Kirby’s children filed 45 notices in 2009 in a bid to terminate their father’s assignment of copyright to characters ranging from the Fantastic Four and the Avengers to Thor and Iron Man under a provision of the 1976 U.S. Copyright Act. However, in July 2011, a judge determined those comics created between 1958 and 1963 were work made for hire and therefore ineligible for copyright termination. [Law360.com]

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