Jack Kirby Estate Goes After Marvel and Studios

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Jack Kirby Estate Goes After Marvel and Studios

Source:Bleeding Cool, The New York Times

September 20, 2009

Bleeding Cool reports that the estate of Jack Kirby, co-creator of Captain America, The Fantastic Four, X-Men, The Avengers, Iron Man, Hulk, The Silver Surfer and Thor has sent notices terminating copyright to publishers Marvel and Disney, as well as Sony, Universal, 20th Century Fox and Paramount Pictures, which have made movies and TV shows based on characters he created or co-created:

Just as the Jerry Siegel estate has done so with rights to Superman, so Kirby’s estate is looking to regain his share of copyright in the characters and their use in comics and other media. the estate is using the same lawyers as the Siegels, Toberoff & Associates, who have been fairly successful in their case against DC/Warner so far.

Such claims, if found valid, would begin from 2014 and, as always, its worth noting that Marvel/Disney will still own the trademarks of the characters in comics, and the studios in movies. The likelihood is that, if successful, the Kirby estate would enter into negotiation with Marvel over terms to continue publishing comics based on his work.

You can read more on this here. The New York Times also had more on the matter:

Heirs to the comic book artist Jack Kirby, a creator of characters and stories behind Marvel mainstays like “X-Men” and “Fantastic Four,” last week sent 45 notices of copyright termination to Marvel and Disney, as well as Paramount Pictures, Sony Pictures, 20th Century Fox, Universal Pictures, and other companies that have been using the characters.

The notices expressed an intent to regain copyrights to some of Mr. Kirby’s creations as early as 2014, according to a statement disclosed on Sunday by Toberoff & Associates, a law firm in Los Angeles that helped win a court ruling last year returning a share of the copyright in Superman to heirs of one of the character’s creators, Jerome Siegel.

Disney said in a statement, “the notices involved are an attempt to terminate rights 7 to 10 years from now, and involve claims that were fully considered in the acquisition.”

For that full article, go here.

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Posted by: Boomtuber on September 21, 2009 at 00:14:41

Marvel ought to have settled with the Kirby estate a long time ago, and it's a shame they haven't yet. Maybe Disney will want to repair the slight, and then maybe not; it is really Marvel's problem to resolve. Best of luck to the Estate, they deserve to adress and correct this long abuse of the King's creativity and generosity.

Posted by: adam on September 21, 2009 at 00:15:53

So this is the beginning of the end of comic book based movies and televison shows! Isn't there something in the contracts of these people that the characters are owned by the company and not the individual itself?

Posted by: adam on September 21, 2009 at 00:17:47

Also Stan Lee is co-creator, isn't there anything he can say or do?

Posted by: acslaterson on September 21, 2009 at 00:22:51

Blood sucking relatives. Here is a thought, go out and make something of yourself instead of piggybacking off of your relatives!

Posted by: Grayle on September 21, 2009 at 00:23:45

Stan already got his money out of marvel a few years ago.. he was the first, and now he's more than set for life... actually set for about 4 or 5 lifetimes...everyone else is just late jumping on the bandwagon..

Posted by: thiswillsuck on September 21, 2009 at 00:26:36

This is the problem with the creeping reach of Copyright, and why it needs to be restored to something more in keeping with the Founders' ideals - that your rights are protected long enough for a profit to be had, but not so long as to create sloth in one's creativity. I understand and support the right of the companies still producing new and continuing works of a character to retain the rights, but the creators were work for hire decades ago - the companies made a great concession in past decades, crediting creators often in appearances by characters, and in some cases voluntarily making greater payments. However, neither side could forsee the value of all these properties 40 years ago during negotiations, and shouldn't be held to modern standards for what are now historic (in the sense of time not momentous precendence) agreements made with both sides then holding to an agreed set of expectations. This is just American greed. Notice that in all these cases, it is never the creator, but the greedy families. These creators, screwed then or not, were honorable men who honored their word, deals, and contracts. Kirby died with the respect, even veneration, of an often amazed, and amazingly large audience. It is a shame their names are sullied by greedy worthless inheritors.

Posted by: Spidey on September 21, 2009 at 00:29:34

Greedy Gold diggers. I'd be more than happy just being an heir of Kirby's.

Posted by: Donnie Darko on September 21, 2009 at 00:38:58

These relatives are killin me. This is like if my grandkids sue the bar I work at 60 years from now because they are still using the Wednesday night drink special I helped come up with. I understood I was coming up with ideas for the benefit of my employer and, in effect, myself, so I have no delusions that I should get a share of some bartender's tips decades after I left this place.

Posted by: blackblt on September 21, 2009 at 00:53:50

Go and read Kirby "King of Comics" and tell me his family dosen't deserve every penny they can get out of Marvel. Jack Kirby got the shaft as Stan Lee and Marvel got famous off of his co-creations. He would threaten Marvel all the time, but his pure love of comics and art would bring him back to a thankless job and a pay wage far below other artist not nearly of his stature. Normally I agree, money digging families shouldn't get a cent, but in this case I think it's long overdue.

Posted by: deacon on September 21, 2009 at 01:04:00

Boy, there's been not much of good news in the comic movie industry lately. I begin to wonder if "The Avengers" ever get make.
There isnt much news in progress so far except with those copy rights issue

Posted by: Batzarro: The Best Geek Ever! on September 21, 2009 at 01:07:39

Hey Marvel, get your own legal problems and stop Copying DC's!

Kidding! That aside, this could screw up Marvel's stew for sure. Hopefully they settle.

Posted by: Chris Roberts on September 21, 2009 at 01:13:58

The biggest ripoff Is Bob Kane Is credeted as sole creator of Batman when many know that Bill
Finger was as Involved as he was.

I don't like It when family members sue for rights to creations of their dead relative creations.They didn't do anything.now If this
happened when jack Kirby was still alive it would be a different ballgame.But He Isn't.Marvel will not lose most of their characters since they already settled with Stan Lee and he co-created most with Kirby however Marvel might lose Captain America since
Kirby created him with Joe Simon.Kirby didn't
have anything to do with Spider-man and Dr Strange so those won't be affected.And also remember it wasn't untill the 70's and Chris Claremont and both Dave COckrum and John Bryne that X-Men became a mega success and the huge popular franchise It Is today.

Posted by: creator w/out fear on September 21, 2009 at 01:25:09

Really? Most of you here DON'T find it morally reprehensible that people who make deals reap ALL the rewards, while people who pour heart and soul into creating the very things you all have come to be addicted to and depend on, should live and die in relative obscurity... unable to leave even a fraction of the wealth their creations generate to their heirs? It's not how it would happen to Bill Gates or Steve Jobs and no one really begrudges the estates of Burroughs, Fleming or Milne their dues. Everyone is so obsessed with the bottom line being high enough to keep this ball of Comic Movie Mediocrity rolling just to make sure that there will still be something to criticize and complain about in 5 years.
I hope none of you are ever faced with signing an unfair document just to redeem a paycheck for your intellectual property... The founders didn't want corporations to be indefinite either but somehow that got buried with a creators rights to authorship too. It's about time the King got some small amount of what he's owed, even if it's posthumously. As for the "greedy" relatives comments... That which always should have gone to Jack is Jack's. His estate is fighting for what he should have always been given. The King deserves it!

Posted by: IT'S NOT A TUMOR on September 21, 2009 at 01:28:44

If you ever have watched an interview with Stan Lee, you always hear him talk about 'his' creations and how 'he' came up with the Marvel characters. I have always wondered why he never talked about the men who designed the heroes, such as Jack Kirby, Steve ***to, Don Heck and so on.

It does seem strange that the family would start legal proceedings on the eve of a Marvel/Disney merger.

Very conflicting, to say the least. Not sure who to root for in these matters as I am a fan of all things comicwise.

Stan is the man, and Kirby will always be King!

Posted by: Tyler on September 21, 2009 at 01:32:56

PEOPLE! You need to re-read that.. If this succeeds, and he wins, he has the option to shut down those comics in publishing. Every major Marvel story currently in motion will cease to be!

Posted by: Phire on September 21, 2009 at 01:39:59

They may have the option to "shut it down" Tyler, but they won't. That would defeat the whole purpose, which is money after all.

Posted by: Molsku on September 21, 2009 at 01:45:29

What's next, are they gonna piss on Jack's grave? Kick Stan Lee to the groin? This is bull****!

Thank God Spider-Man is safe. But for how long? The Ditko's are on the prowl...

Posted by: Toby on September 21, 2009 at 01:45:32

Hey, we just pull a Sam Raimi and create our own superhero ("Dark Man").
No Kirby and no Siegel will be able to take that one away from us!
Who's with me?

Posted by: Fanboiii on September 21, 2009 at 01:56:16

greedy deadbeat heirs. i have no problem with original creators getting their share, but relatives who are probably not even comic book fans are just looking for easy money. paris hilton wannabes

Posted by: Molsku on September 21, 2009 at 02:03:06

What about the characters Kirby created in his DC times, the whole Fourth World? The Demon? Why aren't Kirby's gold digging relatives going after DC?

Posted by: Luke on September 21, 2009 at 02:06:48

Next up - BILL FINGER'S REVENGE!!!

Posted by: Abin Sur of Ungara on September 21, 2009 at 02:15:02

Kirby is responsible for the classic DESIGN of all marvel sliver age characters though Stan did write the STORY (and since we weren't there when the idea popped into these men head and who was first) I have to believe Stan because STAN WROTE THE STORY OF THE CHARACTER and what is a character without story?

Posted by: creator w/out fear on September 21, 2009 at 02:15:37

Don't any of you see that there is a standing injustice in the fact that so much money has been made on these characters and Jack never saw a dime on the back end? No one would say he doesn't deserve it if he were alive... but what difference does that make!? it should've been his... some small share. Hell give it to a charitable organization that benefits aging comic book creators, like the Hero Initiative. It's not like these guys had any kind of pensions or retirement but oh yeah I forgot they ONLY created the FF and the Hulk... as for these things going away or being stopped, please. You marvel zombies have nothing to worry about you'll still get your crummy FOX studios Wolverine II, with extra naked Hugh Jackman this time.

Posted by: marantaz on September 21, 2009 at 02:18:52

I disagree that the relatives are entitled to the ongoing profits of these characters. These characters were created while in the employment of a company (Marvel or DC), and had those companies not existed, the characters would never have been born. Artists like Kirby would have been drawing soup cans for Campbells instead of comicbooks. The times have changed, and the creative talents now have greater control of their creations, but that doesn't entitle relatives to go after the companies for their profits. It's like reparations for slavery... you never owned a slave, I never owned a slave, why should any of us have to pay the relatives of slaves for what our ancestors did? These lawyers are just using the relatives as a meal ticket, and the relatives are going along because half of a fortune is better than none.
Fortunately, Disney anticipated this and is ready to fight, even if they pay up some in the end.

Posted by: Abin Sur of Ungara on September 21, 2009 at 02:21:23

though if they do want to use something based on the original design they owe Kirby's Estate money this is like the whole Mickey Mouse and Ub Iwerks thing because while he did the original design of mickey it wasn't his idea only however his family should get royalties every time the play that Steamboat Willie clip at the start of a Disney movie and just incase your wondering THEY DONT.

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