Marvel Prevails in Copyright Lawsuit

InMarvel Characters, Inc. v. Kirby, thefour adult children of Jack Kirby sued Marvel, claiming their father diedwithout receiving proper payment for his work.

JackKirby was known as Marvel president Stan Lee’s “best artist,” co-writing suchiconic titles as “Spider-man,” “X-Men,” “The Fantastic Four,” and “TheIncredible Hulk.”  A federal judge upheldMarvel’s copyright claims, finding Kirby had signed an agreementdesignating him as Marvel’s “employee for hire.”

The 2ndCircuit affirmed, acknowledging Kirby had more creative leeway than most Marvelfreelancers but still worked within the scope of Marvel’s assignments.  While Kirby may have created his owncharacters and plot lines, the court found his partnership with Marvel is whatinduced his creations.

SeeLorraine Bailey, Marvel’s Win Against Kirby Heirs Affirmed, Courthouse NewsService, Aug. 9, 2013.