Marvel settles copyright infringement suit with comic book artist's heirs

After a long and public litigation battle that was days away from heading to the Supreme Court, Marvel and the heirs of the 1960s comic book artist Jack Kirby have finally reached a settlement in a copyright infringement lawsuit.

Over 50 years ago, Kirby worked as one of Marvel Comics' most prolific artists, contributing to the creation of characters like The Hulk, Captain America and the X-Men — intellectual properties that have not only remained popular in the decades since, but have been turned into billion-dollar franchises that run the gamut of movies, TV, video games and toys. The success of Kirby's creations helped transform Marvel Comics into Marvel Entertainment, which was purchased by Disney in 2009 as part of a high-profile $4.2 billion dollar deal. But despite playing an instrumental role in establishing these properties, neither Kirby nor his family saw a dime from the profits.

Marvel has long argued that Kirby's creations were submitted as "works made for hire." Essentially, Kirby was considered a freelance artist for the company, being paid on the spot for his work, but not being given actual creative ownership — and the share of profits that come with that — over his characters. The comic book publisher claims that this was stipulated in Kirby's deal with the company, and that as part of federal copyright law, Kirby was not entitled to to any ownership rights over the properties. Disney, who now owns Marvel, also defends this practice, saying that Kirby was paid fairly for the assignments back when they were given to him and that, "It was Marvel — not Kirby — that bore the risk and potential expense if the publication of the works was unsuccessful."

But Kirby's four children have countered this claim by arguing against the characterization that their father was simply a freelance employee, and that he was at the very least a co-creator alongside writing partner, Stan Lee. In their intellectual property lawsuit, the Kirbys lobbied for exclusive rights to their father's creations, which would have either rendered them unusable for Marvel or forced the company to pay to continue using their most popular characters.

USA Today reports that the long litigation has come to an end, though, with both Marvel and the Kirby family settling the dispute out of court and asking their appeal to the Supreme Court be dismissed.

"Marvel and the family of Jack Kirby have amicably resolved their legal disputes and are looking forward to advancing their shared goal of honoring Mr. Kirby's significant role in Marvel's history," Kirby's heirs and the comic book company announced in a joint statement.

If you own a business that trades in intellectual properties, it's essential to have a business attorney that understands these laws and can help steer your firm away from any potential clashes or monetary disputes over copyright ownership.

Categorised in: Entertainment Law

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