Contact Us

Kirby Family Asks Court to Overturn Marvel Ruling

Attorney Marc Toberoff continues to be a very busy man. In between two different court appearances for different lawsuits surrounding the rights to Superman, he has appeared before a three-judge panel to argue for the overturning of an earlier ruling that Marvel Entertainment owns all of Jack Kirby’s creations for the company outright.Acting on behalf of the Kirby estate, Toberoff appeared before the panel of Second Circuit appeal judges on Wednesday, arguing that the original ruling relied on a misreading of the idea of “work done for hire.” Under the 1909 Copyright Act, Toberoff argued, “work for hire” is defined as work created “at the instance and expense” of the employer, which he argues isn’t the case of Kirby’s relationship with Marvel at the time. “Here you’ve got a situation where no matter how you look at it, it’s the purchase and assignment of completed material,” Toberoff told the panel, arguing that Kirby had created the characters on his own time and offered them to the publisher afterwards.

A New York Federal Judge ruled in July 2011 that Kirby’s work for Marvel was all work-for-hire, and that the estate had no claim to copyright termination, writing that there were “no genuine issues of material fact” to the contrary.

The panel announced that they would rule on the matter at a later date.

(Via Robot 6)

Recommended For You

Around the Web

Comic Book Trivia

Leave a Comment

It appears that you already have an account created within our VIP network of sites on . To keep your points and personal information safe, we need to verify that it's really you. To activate your account, please confirm your password. When you have confirmed your password, you will be able to log in through Facebook on both sites.

Forgot your password?

It appears that you already have an account on this site associated with . To connect your existing account just click on the account activation button below. You will maintain your existing VIP profile. After you do this, you will be able to always log in to http://comicsalliance.com using your original account information.

Please fill out the information below to help us provide you a better experience.

(Forgot your password?)

Register on Comics Alliance quickly by logging in with your Facebook account. It's just as secure, and no password to remember!

Not a member? Sign up here

Please solve this simple math problem to prove that you are a real person.

Register on Comics Alliance quickly by logging in with your Facebook account. It's just as secure, and no password to remember!