BREAKING: Marvel Wins Summary Judgments In Jack Kirby Estate Rights Lawsuits

EXCLUSIVE: Intellectual property lawyer Marc Toberoff has a winning track record when he goes after Hollywood studios on behalf of rightsholders. But not today. I’ve just learned that he lost big in Federal Court for the Southern District Of New York after suing  Disney/Marvel for the Jack Kirby Estate. The federal judge not only granted the studio motions for summary judgment but also denied the Toberoff/Kirby’s cross-motion for summary judgment. The ruling revolved around the fact that Kirby was a freelance writer and did work-for-hire and so didn’t retain the copyright. Well, you win some and you lose some. But all the Hollywood studios are chortling because they now see Toberoff as vulnerable and not invincible. “This is just the beginning,” Toberoff just told me, noting that, after the Kirby Estate exercised their termination rights under the Copyright Act, Marvel (backed by Disney) was in the middle of settlement negotiations in December 2009 and sued the Kirbys on January 8, 2010 in NY to benefit from that state’s more favorable work-for-hire case law. UPDATE: The
Walt Disney Companyissued this statement regarding the Marvel Worldwide Inc. v. Kirby ruling: “We are pleased that in this case, the judge has confirmed Marvel’s ownership rights.”

Specifically, the estate of comic book superhero legend Jack Kirby, co-creator of Captain America, The Fantastic Four, The X-Men, The Avengers, Iron Man, Hulk, The Silver Surfer and Thor, sent notices terminating copyright to publishers Marvel and Disney, as well as film studios that have made movies and TV shows based on characters he created or co-created, including Sony, Universal, 20th Century Fox and Paramount Pictures. 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. (more…)

This article was printed from https://deadline.com/2011/07/breaking-marvel-wins-summary-judgments-in-jack-kirby-estate-rights-lawsuits-151187/