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Comics A.M. | Kirby/Marvel copyright fight continues, John D’Agostino dies

Jack Kirby

Legal | New York federal judge Colleen McMahon made several decisions last week in the case of Jack Kirby’s heirs attempting to terminate Marvel’s copyright of his works. The judge agreed with Marvel that it would be premature to make an accounting of how much money is at stake, but rejected a bid by Marvel to throw out the Kirby estate’s main counterclaim. She also ruled that the Kirby estate’s attempt to reclaim original art is barred by the statute of limitations, counterclaims of breach-of-contract and violation of the Lanham Act were tossed, and Disney will be part of the case, even though Marvel said it shouldn’t be.

“In sum, the judge has narrowed the case to its most crucial issue. Both sides disagree about Kirby’s working environment in the 1950s and 1960s when he, along with Stan Lee, conceived many of Marvel’s most popular characters. The judge will soon be tasked with looking at Kirby’s work history and some of the loose contracts and oral agreements that guided his efforts in those years,” wrote Eriq Gardner. [The Hollywood Reporter]

Creators | Artist, letterer and colorist John D’Agostino died Nov. 29. D’Agostino started his career as a colorist for Timely Comics and was head of their coloring department for several years. He also worked for Archie Comics, Charlton Comics and Marvel Comics, and lettered the first few issues of Amazing Spider-Man in the 1960s. Tom Spurgeon offers an obituary. [Mark Evanier]

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