July 28, 2011 - By MICHAEL CIEPLY, New York Times LOS ANGELES
In a major victory for Marvel Entertainment and its parent, the Walt Disney Company, a federal judge in New York granted them summary judgment in their legal dispute with the heirs to the comic book artist Jack Kirby, while denying the Kirbys request for judgment against Disney and Marvel.A Marvel cover from 1966 that the comic book artist Jack Kirby worked on.
The ruling, by Judge Colleen McMahon of the United States District Court for the Southern District of New York, declares comics and characters created by Mr. Kirby — who helped give birth to the Fantastic Four, the Incredible Hulk and the X-Men, all of which now underlie valuable movie series — were works for hire under the Copyright Act of 1909, and cannot be reclaimed by the Kirby family.
In 2009, Mr. Kirby’s heirs sent Marvel and Disney 45 notices of a plan to reclaim copyrights in a series of Marvel comics that were published from 1958 to 1963. The comics included issues of “The Amazing Spider-Man,” “The Avengers,” “Sgt. Fury and His Howling Commandos,” and others. In her ruling on Thursday, however, Judge McMahon said the notices “did not operate to convey any federally protected copyrights.”
Full story at New York Times.
In 2009, Mr. Kirby’s heirs sent Marvel and Disney 45 notices of a plan to reclaim copyrights in a series of Marvel comics that were published from 1958 to 1963. The comics included issues of “The Amazing Spider-Man,” “The Avengers,” “Sgt. Fury and His Howling Commandos,” and others. In her ruling on Thursday, however, Judge McMahon said the notices “did not operate to convey any federally protected copyrights.”
Full story at New York Times.
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