Jack Kirby's Estate Officially Sues Marvel

by Jay Cochran
March 15, 2010
THR, Esq. has reported that the Jack Kirby Estate have officially sued Marvel to terminate copyrights and gain profits from such lucrative comic creations as Iron Man, X-Men, The Incredible Hulk and Spider-Man.

The suit, filed in U.S. District Court in Los Angeles, follows the September move by the estate to send out 45 notices of termination to Marvel and owner the Walt Disney Co., as well as Sony, Universal, Fox and others, hoping to recapture control of much of Kirby's work.

The complaint seeks declaratory relief, including copyright termination and profits. It describes the backstory of Kirby's creative period, particularly from 1958 to 1963, when Marvel existed in a tiny office with few employees and relied upon "freelancers to which they had little or no obligation." Kirby disputes Marvel's work-for-hire theory.

Here's the full complaint filed by Marc Toberoff, attorney for the Kirby estate.



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