LISA R. KIRBY, BARBARA J. KIRBY, NEAL L. KIRBY and SUSAN N. KIRBY
VS
MARVEL ENTERTAINMENT, INC. THE WALT DISNEY COMPANY
It appears that Disney has shown Marvel some real-world heroics by stepping in to help defend their comic character rights against the Kirby estates' recent lawsuit. For those of you unaware of the current proceedings, the heirs of the late Jack Kirby had filed 45 notices of termination to Marvel, Sony, Universal, Fox and others, in an effort to regain control of much of Kirby's work. The work in question, which includes the characters Spider-Man, Iron Man, Thor, the X-Men & the Hulk, was created by Kirby during his "work-for-hire" tenure with Marvel. Before filing their claim, the Kirby family hired high-powered attorney Marc Toberoff, who is also battling Warner Bros. over copyright of the Superman character on behalf of the Jerry Siegel estate.
A motion filed yesterday shows that the Walt Disney Co. isn't going to let any part of their $4 billion Marvel investment go without a major fight. According to The Hollywood Reporter, Disney is
"asking a New York District Court to hold off on ordering an accounting of profits on these franchises because Kirby's underlying copyright ownership claim hasn't been validated yet.
The court papers also take up such issues as whether Kirby's original artwork should be turned over, whether Kirby should have been credited in connection with "The Incredible Hulk" and "X-Men" films. Disney also believes the Kirby estate claims are barred by statute of limitations."
This may only be considered a small step by the Disney legal team, but it is an important one. Now that Disney has officially thrown their lot in with the case, it's safe to assume this is only their first of many strategic moves.
If you wish to read the full Memorandum, you can view it here:
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