Disney acquired Marvel Entertainment last year for quite a chunk of change. One of the most important assets of Marvel is its superhero collection, many of which were developed by Jack Kirby who has since passed away. The heirs of Kirby sent out a notice of copyright termination under Section 304(c) of the Copyright Act to both Marvel and Disney to have the copyrights in their father’s work revert to them. The Copyright Act permits the heirs to terminate the copyrights effective 56 years after the establishment of the copyright – which apparently occurred between 1958 and 1963 when the comics were originally published. On the west coast, Kirby’s children have asked the court for a declaratory judgment acknowledging the validity of the termination notices, spelling out the profit sharing going forward on any co-owned works, the return of their father’s original artwork, and to give their father credit for the movies based on his creations (The Incredible Hulk and X-Men Origins) in the case of Kirby v. Marvel, et. al. SACV10-00289 CJC (C.D. Cal. 2010). On the east coast, in the case of Marvel v. Kirby, 2010-cv-141, (S.D. NY 2010), Marvel is suing the heirs to have the notices declared invalid. Although Marvel claims that its relationship with Jack Kirby was a “work-for-hire,” the heirs allege that Kirby worked out of his home without a written agreement. If this is true, the relationship was most definitely not a work for hire situation. A work-for-hire requires either an actual employment relationship or a written agreement transferring the ownership in works created by an independent contractor. Since Marvel could have easily disposed of both cases by presenting a copy of such a written agreement or proof of employment, one can assume that they are unable to document their position. Since I can’t imagine that Disney was unaware of the ability of Kirby’s heirs to terminate the copyright, my guess is that as a part of the $4.3 billion dollar transaction, Marvel agreed to indemnify Disney for these claims by Kirby’s heirs. (To indemnify means that Marvel will defend Disney at Marvel’s cost and be responsible for any damage award against Disney). This is why Marvel filed the suit instead of Disney. Regardless, the Kirby children have requested a jury trial. When the jury hears how much Marvel made off of Kirby’s work, someone will need to get their checkbook out. Something tells me it won’t be Disney.
King Kirby Kids v. Minacious Marvel and Dauntless Disney
March 26, 2010 by kimberlyhouser
Kirby’s work is rightfully his and not Marvel’s.
That just goes to show you how much legal maneuvering is involved with corporations today. The have the means and the will to staff teams of high priced lawyers. Even if it is Kirby’s creation, Marvel and Disney will make 1000X more than the cost it will take to acquire Kirby’s work. The have the best lawyers in the world to make sure of that.
Wow! I’m a huge Marvel fan, and it’s going to be hard to watch all the copies Disney is going to put out of all the marvel characters. I believe Kirby’s heirs have the right to the work, because most comic artists do work from home, and it is hard for me to believe Kirby was a work-for-hire. Since, Marvel made that agreement, I do believe whatever Disney paid them will not be legitimate enough to pay for the Kirby heirs. I figure Disney thought they were big enough to look over a few artist’s heirs.
The work belongs to Kirby’s family because he was a free-lancer. Marvel is going to be taking a pretty big hit on this one.
signing off with peace and love ; )
Vinny Caruso
I have always been a huge comic book fan. I felt that when it was announced that Disney was buying Marvel that it would be the downfall and end to some of my favorite characters and stories. I felt that Disney would take the entire company in the wrong direction.
Now hearing about how Disney and Marvel are trying to screw over the Kirby’s Heirs for work that they cannot prove was in any way was contract work or work for hire. I don’t believe that Disney will pay out, Marvel probably will and do it begrudgingly. The suit against the heirs created by Marvel I believe is a scare tactic meant to bully Kirby’s heirs.
I believe Kirby’s Heirs deserve a substantial payout.
I think that the work should belong to Kirby’s family because most of his work was probably from home, and I am going to be sad to see Disney take on the Marvel comics.
I agree with Steve. After reading that Marvel cannot provide a written agreement for proof of employment I believe it is only right that Kirby’s heirs see some compensation for the money that continues to be made off of their fathers creations. With later installments in many of the marvel comic movies such as the new iron-man, spider-man and word of a whole saga of x-men origins stories there is no telling on how much money money will be generated at the box office.
Marvel is definitely in the wrong and should have to repay the Kirby heirs for the work that was done by Kirby.
I definitely agree with Steve’s comment on how this is mainly a scare tactic, and Marvel will have to pay out. It is also very unfortunate that Disney is overtaking Marvel as well. I’m glad that the Kirby heirs are fighting this so that they may keep the dignity of their family’s work, and also to show that the huge corporations do not control everything just because they are big and have plenty of lawyers.
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