Marvel beats Kirby estate!!!!!!
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Marvel beats Kirby estate!!!!!!
Marvel wins suit over kirby estate:
http://online.wsj.com/article/SB10001424053111904888304576474461044446844.html
http://online.wsj.com/article/SB10001424053111904888304576474461044446844.html
webhead2006- Missing In Action
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Re: Marvel beats Kirby estate!!!!!!
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, ...
Apologist Puncher- Admin
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Re: Marvel beats Kirby estate!!!!!!
Now let's fire duh parasite Toberoff & duh Superman heirs! So it is written, so shall it be done!
non_amos- Christopher Reeve
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Re: Marvel beats Kirby estate!!!!!!
Full ruling with court documents here:
http://www.bleedingcool.com/2011/07/28/full-ruling-for-marvels-win-against-jack-kirby/
http://www.bleedingcool.com/2011/07/28/full-ruling-for-marvels-win-against-jack-kirby/
Apologist Puncher- Admin
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Re: Marvel beats Kirby estate!!!!!!
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...
thecolorsblend- Moderator
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Re: Marvel beats Kirby estate!!!!!!
Hopefully dc can knock marc off.
webhead2006- Missing In Action
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Re: Marvel beats Kirby estate!!!!!!
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!!!!!!
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/
thecolorsblend- Moderator
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Re: Marvel beats Kirby estate!!!!!!
I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
webhead2006- Missing In Action
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Re: Marvel beats Kirby estate!!!!!!
... 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).webhead2006 wrote:I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
thecolorsblend- Moderator
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Re: Marvel beats Kirby estate!!!!!!
thecolorsblend wrote:... 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).webhead2006 wrote:I doubt they will win any counter suit. The judge alreasy claimed everything was work for hire.
Well hopefully if another judge comes in they dont reverse the call this judge already gave.
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