Marvel Seeks To Knock Out Jury Demand In Kirby Suit

A few readers e-mailed this link to me, and it's not something I saw on my own, so my apologies to wherever it was linked to in a broad, comics-culture sense first. Anyway, it's a memo apparently filed by Marvel in support of disputing a jury demand made by the Kirby family in their ongoing legal wranglings with the corporation. It's worth a read to refresh yourself on some of the elements of the case. When it comes to the demand itself, any sane person or one willing to read a few lines and spin a few words can speculate about the general impetus of such a move or statements within the case that, for instance, the case doesn't directly lead to a adjudication of profits so doesn't require a jury; I'll spare you that here. I did think it was interesting that the Simon case was used as a precedent in this matter, if only for the trivia of it, and while this is certainly a Marvel document and puts forward a pro-Marvel view of the affair, it's difficult to read this and not wonder after the case that's going to be made that Kirby's work wasn't work for hire in the way that it's generally understood, how the case to be tried in court is different than the case tried in nerd courts for years and years and years.
 
posted 7:00 am PST | Permalink
 

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