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The Jack Kirby Estate Loses Its Case Against Marvel

7/29/2011

 
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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!


lungs
7/29/2011 03:02:05 am

Never go up against disney on copyright laws. you will alway lose.

sad.

Dumerill
7/29/2011 05:29:23 am

Laws apply to the poor, the rich always find a way to get away with anything. This isn't even a matter of copyrights, Marvel or Disney, as the juggernauts that they are, should have at least gave a % of the earnings that those hundreds of characters that Kirby created made, and keep making them to this day! Is about principle! Obviously words like principles and honor have very little meaning to people anymore.

Mitchman link
7/30/2011 05:38:54 am

But where do you stop? Does the cameraman and set designer get credit for the success of say "Star Wars"? What about the legions of great artists who did their jobs and took a paycheck and just accepted it. How come the Kirby folks don't pursue creating movies about Captain Victory? New Gods? Stop chasing Marvel/Disney bank account. Frankly I think Kirby was good but folks like Wally Wood and Gil Kane were far better. I think Kirby didn't have the personality or charisma of a Stan Lee and it was a bitter relationship. And this is just sour grapes. It's called Work for Hire. What is not to get? Do the guys that drew all the Disney films get the cash for the success? No it was the showman in Disney himself that was the key to success. Same with Marvel. If Jack loved his "creations" so much at Marvel why didn't he stick around and guide their destiny? He didn't he moved on to DC then Pacific to have control but yet his new character didn't take off? Why was that?

Wayne
8/8/2011 08:11:25 am

http://www.the-gutters.com/comic/173-nick-nix


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