Marvel beats Kirby estate!!!!!!

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Marvel beats Kirby estate!!!!!!

Post  webhead2006 on Thu Jul 28, 2011 5:26 pm

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Re: Marvel beats Kirby estate!!!!!!

Post  Apologist Puncher on Thu Jul 28, 2011 8:19 pm

webhead2006 wrote:Marvel wins suit over kirby estate:
http://online.wsj.com/article/SB10001424053111904888304576474461044446844.html

Judge Rules for Marvel in Comics Dispute
BY CHAD BRAY

Marvel Entertainment LLC, not the heirs to legendary comic-book artist Jack Kirby, own the rights to more than a dozen of the company's iconic characters, including Spider-Man, the Fantastic Four and Iron Man, a federal judge ruled on Thursday.

Two years ago, Mr. Kirby's four children served legal notices to Marvel, indicating they planned to take back the copyrights assigned to Marvel by Mr. Kirby to a number of characters created by him and Stan Lee between 1958 and 1963, including superhero teams the X-Men and the Avengers.

On Thursday, U.S. District Judge Colleen McMahon ruled for the entertainment company, ...

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Re: Marvel beats Kirby estate!!!!!!

Post  non_amos on Fri Jul 29, 2011 12:01 am

Now let's fire duh parasite Toberoff & duh Superman heirs! So it is written, so shall it be done! Smile
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Re: Marvel beats Kirby estate!!!!!!

Post  Apologist Puncher on Fri Jul 29, 2011 12:24 am


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Re: Marvel beats Kirby estate!!!!!!

Post  thecolorsblend on Fri Jul 29, 2011 2:04 am

I'm not well-versed in legalese so forgive me if this doesn't apply but the obvious hope is that DC/WB will use the same approach that worked here with the Siegel Parasites. DC was a hell of a lot more accommodating to Siegel and Shuster than Marvel was to Kirby, after all, so one wonders...
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Re: Marvel beats Kirby estate!!!!!!

Post  webhead2006 on Fri Jul 29, 2011 10:55 am

Hopefully dc can knock marc off.
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Re: Marvel beats Kirby estate!!!!!!

Post  Apologist Puncher on Fri Jul 29, 2011 9:11 pm

thecolorsblend wrote:I'm not well-versed in legalese so forgive me if this doesn't apply but the obvious hope is that DC/WB will use the same approach that worked here with the Siegel Parasites. DC was a hell of a lot more accommodating to Siegel and Shuster than Marvel was to Kirby, after all, so one wonders...

They will try, but the situation is a little different.

Kirby was working for Marvel when he came up with the characters in question, so a "work-for-hire" situation was presented. Siegel & Shuster created something, then sold it to DC.

That's the sticky part.....

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Re: Marvel beats Kirby estate!!!!!!

Post  thecolorsblend on Mon Aug 15, 2011 7:44 pm

For fuck's sake, when will these parasites ever learn?

Newsarama blog wrote:Kirby Estate files appeal in Marvel lawsuit
August 15th, 2011
Author Jill Pantozzi

When last we heard about the ongoing Jack Kirby Estate vs. Disney/Marvel lawsuit, the company had won summary judgements against the estate and appeals were being planned. Today, the estate filed an official notice of appeal to the Second Circuit Court of Appeal.

“We respectfully disagree with the court’s ruling and intend to appeal this matter to the Second Circuit,” the estate’s lawyer Marc Toberoff told The Hollywood Reporter. “Sometimes you have to lose in order to win.”

With the suit, the Kirby Estate is attempting to terminate early copyright grants of more than 45 characters including Captain America, The Fantastic Four, The X-Men, The Avengers, Iron Man, Hulk, The Silver Surfer and Thor . According to THR, the estate sent notices to Marvel not just Marvel but its licensees Sony (Spider-Man), Fox (X-Men), Universal and others.

“Marvel then sued in New York federal court claiming Kirby’s creations were ‘works for hire’ and thus not subject to termination,” wrote THR. “The two sides filed summary judgment motions, and last month the circuit court sided with Marvel, ruling that Kirby created the characters as works for hire.”

Deadline added, “Normally these kinds of lawsuits are run of the mill for Hollywood. But not when they’re litigated by Toberoff, who is the bane of Big Media studios because he has a winning track record.” Needless to say, a win for the Kirby Estate here could potentially impact the Marvel brand irreparably.

URL- http://blog.newsarama.com/2011/08/15/kirby-estate-files-appeal-in-marvel-lawsuit/


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Re: Marvel beats Kirby estate!!!!!!

Post  webhead2006 on Mon Aug 15, 2011 8:04 pm

I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
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Re: Marvel beats Kirby estate!!!!!!

Post  thecolorsblend on Mon Aug 15, 2011 10:33 pm

webhead2006 wrote:I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
... thus the entire point of appealing the judge's ruling. Different judges have been known to issue different verdicts upon appeal (the Obamacare lawsuits, for example).
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Re: Marvel beats Kirby estate!!!!!!

Post  webhead2006 on Mon Aug 15, 2011 10:35 pm

thecolorsblend wrote:
webhead2006 wrote:I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
... thus the entire point of appealing the judge's ruling. Different judges have been known to issue different verdicts upon appeal (the Obamacare lawsuits, for example).

Well hopefully if another judge comes in they dont reverse the call this judge already gave.
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