UPDATE: Fed. App. Ct. Zaps Cartoonist's Heirs in Marvel Copyright Suit

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In the 57-page opinion this week in Marvel Entertainment, Inc. v. Kirby (Case No. 11-3333) by Judge Robert D. Sack, the United States Court of Appeals for the Second Circuit sided with Walt Disney Co.-owned Marvel Entertainment in a copyright termination rights suit involving the heirs of renowned cartoonist Jack Kirby.

The federal appeals court upheld the decision of United States District Court for the Southern District of New York Judge Colleen McMahon, who in 2011 granted summary judgment to Marvel (see "TUOL" post 8/1/11), finding that the company held exclusive ownership of copyrights on characters including Iron Man, Spiderman, The Fantastic Four and The Incredible Hulk, and that Kirby's comic book artistry was a work for hire.

The case involved 262 titles between the years 1958-1963. The Second Circuit agreed with the trial court that Barbara and Susan Kirby did not have copyright termination rights under 17 U.S.C. sec. 304(c)(2). The three-member appellate panel concluded the trial court lacked personal jurisdiction over the late cartoonist's other two children, Lisa and Neal Kirby, vacating the judgment against them. "The judgment here will declare the existence vel non of Barbara and Susan's termination rights," Judge Sack wrote, "and whatever the practical effect of this declaration, it can do no more or no less."

The disputed works were created at Marvel's instance and expense, and the heirs failed to prove the existence of any agreement to the contrary, the court concluded.

UPDATE: Cartoonist's Heirs Can Only Marvel at Disney Copyright Suit Win

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Comic book heroes may reign at the box office, but in court, corporate ownership trumps the cartoonist every time.

U.S. District Court for the Southern District of New York Judge Colleen McMahon last week ruled that Walt Disney Co.-owned Marvel Entertainment, Inc., exclusively owns the copyrights to Iron Man, The Incredible Hulk and a stable of superheroes, derailing the case brought by the heirs of Jack Kirby, the cartoonist who helped create the characters, Skepsi-News.com reports (see "TUOL" post 3/18/10).

Judge McMahon held that Kirby inked The Fantastic Four, Spiderman and other comic book creations as works made for hire for then-Marvel domo Stan Lee, making the company the author pursuant to the 1909 U.S. Copyright Act (P.L. 60-349), which still governs works created before 1976, but otherwise has been superseded by the Copyright Act of 1976 (17 U.S.C. sec. 101 et seq.).

Disney paid $4 billion in 2009 to acquire Marvel Worldwide Inc.  Kirby's children are expected to appeal the decision.

A Marvel-ous Copyright Suit

Image by Getty Images via Daylife

Seven months after The Walt Disney Co. dropped $4 billion to acquire Marvel Entertainment (see "TUOL" post 9/1/09), the heirs of Marvel comics legend Jack Kirby have sued to terminate copyrights and reap the profits of Marvel's superhero creations.

The suit in the U.S. District Court for the Central District of California, Lisa R. Kirby et al. v. Marvel Entertainment Inc. et al. (Case No. 8:10-cv-00289-CJC-AN), seeks to terminate copyrights and cash-in on profits from comics icons such as The Incredible Hulk, X-Men, Spider-Man and Iron Man. During the '50s and '60s, Kirby, who died in 1994, worked alongside Stan Lee to build Marvel's superhero stable.

Marvel sued in January 2010, claiming the various superheroes who emerged from Marvel's lab were "works made for hire" owned by Marvel, the "author" pursuant to the 1909 U.S. Copyright Act (P.L. 60-349), which still governs works created before 1976, but otherwise has been superseded by the Copyright Act of 1976 (17 U.S.C. sec. 101 et seq.). The suit initiated by Kirby's children asks for declaratory relief, including the termination of copyrights, which if allowed, could translate into millions of dollars for the Kirby brood.