Tom Spurgeon's Web site of comics news, reviews, interviews and commentary

April 8, 2014

Missed It: Kirby Heirs Appeal To Supreme Court

Kevin Melrose has an excellent, link-laden write-up here on the the Marc Toberoff petitioning the Supreme Court on behalf of the heirs of Jack Kirby, targeting the instance and expense test applied by the Second Circuit in determining that Jack Kirby's foundational work for Marvel Comics was work for hire in a way that does not allow the heirs to apply for termination of copyright. It's their claim this application strikes at the heart of the establishment of that practice and what it was meant to rectify. We'll see how it goes: very few cases are heard by the Supreme Court, and at least in comics circles there's been criticism of both past strategies pursued and a significant belief with many pros that this legal case was not wise, specifically in that it has cost the family other options for settlement.

Rob Salkowitz provides some context for these legal rulings here, suggesting that it's part of a wider disdain for the creators of the content from which many of these hugely successful film properties and licensing engines are derived.
posted 1:55 am PST | Permalink

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