Marvel Reaches Settlement With Artists Looking To Regain Character Rights But NOT Steve Ditko's Estate

Marvel Reaches Settlement With Artists Looking To Regain Character Rights But NOT Steve Ditko's Estate

Marvel has finally reached a settlement with a number of artists who were attempting to regain their characters under the Copyright Act. However, the situation with Steve Ditko's estate remains unresolved.

By JoshWilding - Jun 12, 2023 05:06 AM EST
Filed Under: Marvel Comics
Source: Reuters

While Stan Lee is frequently credited as the sole creator of many iconic Marvel Comics characters, the artists he worked with have long disputed that claim. 

Attorney Marc Toberoff represents Larry Lieber (Lee's younger brother) and the estates of Don Heck, Gene Colan, and Don Rico, and recently attempted to terminate Marvel's copyrights of Iron Man, Ant-Man, Captain Marvel, Thor, Black Widow, Hawkeye, and Blade. 

In response, Marvel filed lawsuits right back at them, though a settlement has now been reached. 

The Disney-owned company's response was that these artists did work-for-hire, thereby meaning Marvel owns these characters in perpetuity (leaving the artists with no right to reclaim them under the Copyright Act). The lawsuits have been dropped with prejudice, bringing an end to the matter once and for all.

According to both a Disney spokesperson and Toberoff, both sides have reached an "amicable resolution." Details of that are unlikely to be revealed, though we'd imagine they've been compensated financially in a way that's made everyone involved happy. 

However, no settlement has been reached with the family of Steve Ditko. They're looking to reclaim his share of the Spider-Man and Doctor Strange copyrights, though it's likely Marvel will emerge triumphant there as well. 

It was back in 2013 that Marvel won a similar case at a U.S. appeals court regarding Jack Kirby, the co-creator of characters like Captain America and the Fantastic Four. That case was also eventually settled. 

Marvel Studios will release a Stan Lee documentary on Disney+ this Friday, though that looks set to be more akin to a celebration of his life rather than any sort of exploration of whether the artists he worked with were credited properly. 

The odds of Marvel ever losing the rights to its iconic superheroes are somewhere between slim and none, but these cases are always worth keeping a close eye on.

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bobevanz
bobevanz - 6/12/2023, 6:05 AM
When it comes to copyright, don't mess with the Mouse lol. This is the main reason why I hate em as a whole
Drace24
Drace24 - 6/12/2023, 6:13 AM
@bobevanz - Because copyright bad? What?
CorndogBurglar
CorndogBurglar - 6/12/2023, 6:16 AM
@bobevanz - I don't follow. Don't they own the copyrights? Why should they not be allowed to protect their copyrights?
bobevanz
bobevanz - 6/12/2023, 7:39 AM
@Drace24 - the rabbit hole is deeper than you think
Drace24
Drace24 - 6/12/2023, 6:16 AM
Shocker! It's not the end of Marvel after all. Who could have foreseen that all the doomsday talk from a couple of months ago would turn out to be clickbait drama.
HAILHYDRA
HAILHYDRA - 6/12/2023, 6:19 AM
Sounds like a good result for everyone. If the families had any chance of winning, they wouldn’t have accepted the deal. To me, this just comes down to “hey we want a little bit more money” rather than them honestly believing they should possess the copyrightS.
CorndogBurglar
CorndogBurglar - 6/12/2023, 6:25 AM
@HAILHYDRA - Thats exactly what it is. Because once these estates pay off anything needed to be paid on the creator's end, the rest of that money goes to the surviving family members.

If you notice, the one thing in common with all of these cases, everyone listed here (which is 4 families, and Jack Kirby's family previously) its always the families of the creators trying to do this, not the actual creators themselves while they were still alive.

With all the crap Stan Lee's daughter pulled with him in final years I'm surprised she hasn't tried the same thing yet. It's probably only a matter of time before she tries it.
CorndogBurglar
CorndogBurglar - 6/12/2023, 6:20 AM
It's interesting how it's always the estates of these creators that try to fight to get these copyrights...

It's almost never the actual creators themselves while they are still alive.
bobevanz
bobevanz - 6/12/2023, 7:40 AM
@CorndogBurglar - it's almost as if they know there's no chance hmm
CorndogBurglar
CorndogBurglar - 6/12/2023, 10:15 AM
@bobevanz - Maybe. But they are still getting money out of it. I don't think anyone has ever succeeded in getting the actual rights. But As far as I know they almost always get some kind of settlement money out of it.

It's like the family knows they can't get the rights, but the rights owners aren't confident enough that they'll keep the rights to just not settle.

So they settle. Almost every time. Just once I would like to see Disney say screw it, and not give anything just to see how it would play out.
marvel72
marvel72 - 6/12/2023, 6:28 AM
That's why Disney Marvel change the characters so much in the movies, make them female or race swap them and they are not what the creators created.

Don't have to pay anyone anything.
gtabreaker
gtabreaker - 6/12/2023, 6:40 AM
Disney:
Superheromoviefan
Superheromoviefan - 6/12/2023, 6:44 AM
well, marvel was right
if i hire someone to make a painting he cant turn around and say it belongs to them. of course they should be credited
marvel72
marvel72 - 6/12/2023, 6:58 AM
@Superheromoviefan - Exactly,actually credit them and pay them for properly for use of that character.
bobevanz
bobevanz - 6/12/2023, 7:40 AM
@marvel72 - you get it, I wish the shills did lol
Drace24
Drace24 - 6/12/2023, 8:00 AM
@marvel72 - Pretty sure they were paid their work back when they sold it. That's usually how stuff works.
Superheromoviefan
Superheromoviefan - 6/12/2023, 8:01 AM
@marvel72 - i dont understand, arent they already properly paid for use of that character? if im being paid to do a work then the client should be able to use it whatever way they want, no?
marvel72
marvel72 - 6/12/2023, 8:07 AM
@Superheromoviefan - I think if a movie makes a ton of money like Avengers:Infinity War you could pay the creator of that storyline and main character Thanos a bit more than they actually do.
Razorface1
Razorface1 - 6/12/2023, 9:10 AM
@Superheromoviefan - The whole thing that arose in the last years is that they are NOT being paid what was agreed to, especially since the characters started being used in movies and the like.

Which was agreed upon by contract.

So its more like you hired someone to make a painting, agreed contractually to pay him royalties when exposing the work, and then didn't pay them.
Tonic24k
Tonic24k - 6/12/2023, 9:12 AM
@bobevanz - "the shills"... aka people you don't agree with. Dude, everyone that enters into an agreement has a fair opportunity to negotiate their terms. It's that simple.
Superheromoviefan
Superheromoviefan - 6/12/2023, 12:47 PM
@Razorface1 -
can you show it to me? bc i cant find it
Razorface1
Razorface1 - 6/13/2023, 1:29 AM
@Superheromoviefan - Honestly, why would I go through that effort?
Superheromoviefan
Superheromoviefan - 6/13/2023, 1:40 AM
@Razorface1 -
bc you want to know the truth and not saying wrong things?
Razorface1
Razorface1 - 6/13/2023, 6:32 PM
@Superheromoviefan - nah I know I am.
Superheromoviefan
Superheromoviefan - 6/13/2023, 6:39 PM
@Razorface1 -
thats fine for you, but i want to be right, that just "know". its why i like to fact check
Razorface1
Razorface1 - 6/14/2023, 2:24 AM
@Superheromoviefan - my point is, the effort is not worth finding it just so YOU can know
Superheromoviefan
Superheromoviefan - 6/14/2023, 2:53 AM
@Razorface1 -
its not aout ME knowing, its about You knowing/confirm/backup your claims, bc you know the same way any religious person knows god exist.
keithvw
keithvw - 6/12/2023, 8:01 AM
I feel like the rights to a lot of the older characters is a genuinely murky situation. If you were work Disney now, you'll have to sign a contract clearly stating and explicitly stating that anything you create while working for Disney is owned by them (at least as a salaried employee, I can't imagine it'd be the same stipulation for a freelance gig).

Did Marvel have the same wording in their contracts for artists and writers back in the day? If they didn't, it leaves a lot of room open to decide who actually owns the characters. Sure, Marvel can say they were contracted on a work-for-hire basis, but unless that was stated in writing, and also made clear that Marvel owned the artist-created characters, than there's still a grounds for argument.

I doubt this situation is dead. As long as Disney continues to milk these characters in new areas (expanding toy lines, theme park attractions, more movies, more shows, maybe live events etc), the original characters will want a piece of that pie.
Razorface1
Razorface1 - 6/12/2023, 9:10 AM
@keithvw - A piece they have fully rights to.
marvel72
marvel72 - 6/12/2023, 8:12 AM
Didn't Ed Brubaker turn down his thank you check for Captain America:Civil War because he saw it as an insult.
McMurdo
McMurdo - 6/12/2023, 8:34 AM
[frick] Disney.
Tonic24k
Tonic24k - 6/12/2023, 9:13 AM
@McMurdo - Lol... why? Because you don't understand how contractual agreements work?
McMurdo
McMurdo - 6/13/2023, 11:41 AM
@Tonic24k - shill shills. Water wet.
Tonic24k
Tonic24k - 6/13/2023, 4:41 PM
@McMurdo - Yeah yeah, as long as you admit you're wrong.
McMurdo
McMurdo - 6/13/2023, 9:23 PM
@Tonic24k - as Han said...


"Delusions of grandeur"
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