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Marvel sues comic artist Jack Kirby's heirs to keep Spider-Man, X-Men copyrights

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  • clemso
    Talkative Member
    • Aug 8, 2001
    • 6189

    Marvel sues comic artist Jack Kirby's heirs to keep Spider-Man, X-Men copyrights

    Tricky situation .. I guess its now Disney doing the suing really.

    Source: Marvel sues comic artist Jack Kirby's heirs to keep Spider-Man, X-Men copyrights - Winnipeg Free Press

    NEW YORK - Marvel is suing to keep the rights to superheroes including Spider-Man, the Fantastic Four and X-Men.

    The federal lawsuit filed Friday in Manhattan asks a judge to invalidate notices sent by the heirs of artist Jack Kirby to try to terminate Marvel's copyrights.

    The heirs sent notified several companies last year that the rights to the characters would revert from Marvel to Kirby's estate.

    The lawsuit says Kirby's work on the comics were "for hire" and render the heirs' claims invalid.

    Comic book characters such as Spider-Man and the X-Men have become some of Hollywood's most bankable properties in recent years.

    Marc Toberoff, an attorney for the Kirby heirs, said he hadn't seen the lawsuit and had no immediate comment.
  • clemso
    Talkative Member
    • Aug 8, 2001
    • 6189

    #2
    Kirby's input on Spider-man was minimal

    Comment

    • clemso
      Talkative Member
      • Aug 8, 2001
      • 6189

      #3
      Sorry didn't realize there was a thread on this already on General Buzz Marvel sues to keep Spider-Man, X-Men copyrights - Mego Talk

      Comment

      • jwyblejr
        galactic yo-yo
        • Apr 6, 2006
        • 11147

        #4
        That's all right. I think it's more fitting to have it here.

        Comment

        • The Toyroom
          The Packaging King
          • Dec 31, 2004
          • 16653

          #5
          Freakin' heirs....
          Think OUTSIDE the Box! For the BEST in Repro & Custom Packaging!

          Comment

          • LadyZod
            Superman's Gal Pal
            • Jan 27, 2007
            • 1803

            #6
            Kirby's spin on Spider-Man first cover is enough. It's the iconic image that's brought to mind when someone mentions Spider-Man.

            The heirs may just want the copyrights of that particular image of Spider-Man, which is used on calendars, tshirts, magnets, wallpaper, stickers, posters, etc.... cashcow of an image wouldn't you say?

            At the very least they can request a percentage of the take that the image brings in.

            It doesn't hurt to ask for stuff. Worst thing that can happen (besides losing some time and money in the request) is that the answer will be no.
            ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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            • jds1911a1
              Alan Scott is the best GL
              • Aug 8, 2007
              • 3556

              #7
              I supected with the Siegel heirs victories more heirs woudl file suit but I'm surpised to see a 60's era hero next. I would expect many more of these soon expecially as the films make big box office

              Comment

              • samurainoir
                Eloquent Member
                • Dec 26, 2006
                • 18758

                #8
                Something to keep in mind. It appears that Joe Simon's most recent attempt to reclaim Captain America actually ended in a settlement, which he's not supposed to talk about.

                Imagine the larger pie given that Kirby did co-create the Big Guns in the Marvel Universe. Even if we were to theoretically leave out Spiderman, we're talking Iron Man, Fantastic Four, Captain America, Avengers, Thor, Silver Surfer and X-Men. Which all are currently major movie franchises or being developed as major movie franchises.

                At the end of the day, I'm not sure why anyone begrudges the Kirby estate for trying. It's not like Misney won't figure out a way to keep the money trains going, and this will hardly put a dent in the Hollywood machine that churns out the movies and merch (and the comics) we all enjoy. The current Marvel and DC regimes have learned their lesson and find ways to compensate current creators with Royalties and other perks (consultation $$ for the movies, video games etc) for their creative contributions that are exploited in other media. Why not throw the late Kirby and his family that $$$ bone rather than the pat on the head or outright disrespect that have typified their treatment of him and his contributions in the past?
                My store in the MEGO MALL!

                BUY THE CAPTAIN CANUCK ACTION FIGURE HERE!

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                • hedrap
                  Permanent Member
                  • Feb 10, 2009
                  • 4825

                  #9
                  Simon's ended in a settlement? Really? I thought he lost. I guess that was the Marvel spin because the Disney deal was in the works at the time.

                  It would make more sense now for Kirby's estate to come at Disney is Simon pinched Marvel. Simon's estate would almost have to share the info with Kirby's because of all the work done together.

                  Comment

                  • samurainoir
                    Eloquent Member
                    • Dec 26, 2006
                    • 18758

                    #10
                    Originally posted by hedrap
                    Simon's ended in a settlement? Really? I thought he lost. I guess that was the Marvel spin because the Disney deal was in the works at the time.

                    It would make more sense now for Kirby's estate to come at Disney is Simon pinched Marvel. Simon's estate would almost have to share the info with Kirby's because of all the work done together.
                    He lost originally in the 70's when the copyright laws changed and Kirby testified AGAINST him on behalf of Marvel. In retrospect, not a very smart move on Kirby's part because he would have benefited from Simon's action. Plus after the fact, Marvel screwed Kirby by not giving him the financial compensation they told him he would receive for backing Marvel in court. The copyright act was extended once again in recent years which again allowed for Simon to move the reclaim the copyright, which resulted in what Simon has hinted at being a financial settlement of some sort.

                    So look at it this way... in theory we've come up on the period in time where MIckey Mouse, Captain America, Superman, et al should actually belong to ALL OF US to preserve as historical artifact.

                    So we should all be able to have the right to make our own Mickey Mouse, Captain America and Superman comic books, T-shirt, Action Figures, repro boxes, etc without any fear of being squashed like a bug by corporate legal. Which is why all manner of Oz and Sherlock Holmes stuff has flooded the market in recent years. Peter Pan is poised as well (on this side of the pond).

                    But Disney and the other corporate gianst have flexed their financial muscle to keep control of their characters for much longer than the span of a human life, since the corporations have all the rights of humans, plus the added benefit of potential immortality.

                    BEFORE they can do that, the ORIGINAL Copyright owner... in the clearest case, Siegel and Shuster (and their estates) has a right to reclaim each time they extend that copyright act because their original deal was under the terms of the old act and thus that contract should conclude from the original date of expiry when it would otherwise go into public domain.

                    So I really don't think anyone has cause to complain about "Greedy Heirs" when it is actually "Greedy Corporations" that are changing the game to keep control of these characters that now should rightly belong to us all.
                    Last edited by samurainoir; Jan 9, '10, 11:20 PM.
                    My store in the MEGO MALL!

                    BUY THE CAPTAIN CANUCK ACTION FIGURE HERE!

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                    • samurainoir
                      Eloquent Member
                      • Dec 26, 2006
                      • 18758

                      #11
                      Something else to keep in mind. "Work for Hire" was not even properly defined as a legal concept until after the Golden and Silver Age characters were already created, which you can imagine might create all manner of problems to work through, particularly since the documentation might not be as airtight as one would expect in this day and age. Most of the time it was a rubber stamp on the back of their paycheck, and even that might not have come until later.

                      This really isn't as cut and dried as many people make it out to be.
                      My store in the MEGO MALL!

                      BUY THE CAPTAIN CANUCK ACTION FIGURE HERE!

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                      • LadyZod
                        Superman's Gal Pal
                        • Jan 27, 2007
                        • 1803

                        #12
                        Interesting coincidence... just when legal issues crop up, Steve Rogers is killed and a NEW Captain America is name.

                        Bucky? Nope...Winter Soldier!

                        Superboy? Nope...Superman Prime

                        I wonder....
                        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                        My life through toys: Tales from the Toybox!
                        Check out my art:
                        Art Portfolio@Redbubble
                        Art Portfolio@Tumblr

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                        • thunderbolt
                          Hi Ernie!!!
                          • Feb 15, 2004
                          • 34211

                          #13
                          The Superboy name change was brought on by the lawsuit. Not so sure about Bucky.
                          You must try to generate happiness within yourself. If you aren't happy in one place, chances are you won't be happy anyplace. -Ernie Banks

                          Comment

                          • Joe90
                            Most Special Agent
                            • Feb 23, 2008
                            • 721

                            #14
                            It's only been in the last few years that I've come to realize just how badly a lot of the great Silver Age artists were treated by Marvel and DC. Many of you know "Dial B For Blog" and Kirk Kimball aka Robby Reed has examined a lot of these cases.

                            Because comics are a visual, as well as written medium, the artist has some real input into the development of a character. Should the heirs get some cut? Sure, why not? But even a miniscule percentage of the sum we're talking here is a healthy sum. And it's good for PR. It's kind of ironic that the comics are merchants of the fantasy of altruism and selfless heroism, but they have a track record of being some of the most mean-spirited passholes in the entertainment industry.

                            Kirby has done way more for Spiderman than Tobey MaGuire, but he was never paid near the same kind of cash. Throw the heirs a bone. Like I say, it'll be good PR.
                            90, Joe 90.... Great Shakes : Milk Chocolate -- Shaken, not Stirred.

                            Comment

                            • samurainoir
                              Eloquent Member
                              • Dec 26, 2006
                              • 18758

                              #15
                              Not that Kirby was a complete saint himself, because in addition to siding with Marvel on Joe Simon's original lawsuit, there is a case to be made that Kirby also threw Joe Simon under the bus when it came to the Spiderman that Simon originally developed with CC Beck (of Captain Marvel fame).

                              At the end of the day, "The Silver Spider/Spiderman" of Simon/Beck is night and day from Lee/Ditko/(Kirby), but one thing that seems clear is that Simon attempted to develop Spiderman with Kirby after Beck dropped out, and it appears that Kirby handed over the concept of a teenage superhero with Spider Powers over to Stan Lee and Marvel.

                              Lee's version of how he created Spiderman is very different than this account, so who knows how the Spiderman part of this lawsuit will play out at the end of the day.

                              Can you imagine if the reclusive Ditko is somehow forced to testify?
                              My store in the MEGO MALL!

                              BUY THE CAPTAIN CANUCK ACTION FIGURE HERE!

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