One of the biggest lawsuits to affect the comic industry has just been settled!
New York Federal Judge Colleen McMahon declared the heirs of artist / writer Jack Kirby has no claims to copyrights he co – created for Marvel Comics. These characters are owned by Disney!
“This is a big deal, but despite what people may think, I feel the decision is the right one”, said Matman! “When ‘The King’ created these characters he was paid for them and for the work. No one knew back then these characters from Captain America to the Fantastic Four would be worth so much!”
Judge McMahon put it into its proper prospective! “At the outset, it is important to state what this motion is not about. Contrary to recent press accounts [including two pieces in the New York Times], this case is not about whether Jack Kirby or Stan Lee is the real 'creator' of Marvel characters, or whether Kirby was treated 'fairly' by companies that grew rich off the fruit of their labor. It is about whether Kirby's work qualifies as work-for-hire under the Copyright Act of 1909, as interpreted by the courts, notably the United States Court of Appeals for the Second Circuit. If it does, then Marvel owns the copyright in the Kirby Works, whether that is 'fair' or not. If it does not, then the Kirby Heirs have a statutory right to take back those copyrights, no matter the impact on recent corporate acquisition or on earnings from blockbuster movies made and yet to be made."
“Now that is the argument I will fight until I die,” added Matman! “If there was no Jack Kirby, Marvel and its characters would not have the look and style we grew accustomed to. I feel his contributions had more of an impact than Stan Lee’s! But Stan was the voice of Marvel so he looked more involved than he was.”
Let the debate begin!
New York Federal Judge Colleen McMahon declared the heirs of artist / writer Jack Kirby has no claims to copyrights he co – created for Marvel Comics. These characters are owned by Disney!
“This is a big deal, but despite what people may think, I feel the decision is the right one”, said Matman! “When ‘The King’ created these characters he was paid for them and for the work. No one knew back then these characters from Captain America to the Fantastic Four would be worth so much!”
Judge McMahon put it into its proper prospective! “At the outset, it is important to state what this motion is not about. Contrary to recent press accounts [including two pieces in the New York Times], this case is not about whether Jack Kirby or Stan Lee is the real 'creator' of Marvel characters, or whether Kirby was treated 'fairly' by companies that grew rich off the fruit of their labor. It is about whether Kirby's work qualifies as work-for-hire under the Copyright Act of 1909, as interpreted by the courts, notably the United States Court of Appeals for the Second Circuit. If it does, then Marvel owns the copyright in the Kirby Works, whether that is 'fair' or not. If it does not, then the Kirby Heirs have a statutory right to take back those copyrights, no matter the impact on recent corporate acquisition or on earnings from blockbuster movies made and yet to be made."
“Now that is the argument I will fight until I die,” added Matman! “If there was no Jack Kirby, Marvel and its characters would not have the look and style we grew accustomed to. I feel his contributions had more of an impact than Stan Lee’s! But Stan was the voice of Marvel so he looked more involved than he was.”
Let the debate begin!
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