Marvel filed lawsuits on Friday against the heirs of several comic book creators, seeking to retain full ownership over many of popular characters, including Spider-Man, Iron Man, Dr Strange, Ant-Man, Hawkeye, Black Widow, Falcon, and Thor.
According to Variety, the move comes after the heirs of five comic book creators – Stan Lee, Steve Ditko, Don Heck, Don Rico and Gene Colan – filed termination notices with the US Copyright Office. These notices do not seek to prevent Marvel from using the characters but require the Disney-owned production studio to pay the heirs for their use.
Speaking to Variety, Marc Toberoff, the veteran copyright attorney who filed the termination notices for the heirs, pointed out that Marvel cashed in on the authors’ creations with its multi-billion dollar franchises and so, it is only fair that the heirs are allowed to share in the wealth. “It’s about artists’ rights,” he said.
Marvel’s lawsuits argue that the characters were created under “work for hire” arrangements and therefore the heirs have no valid claim to the copyrights.
According to the 1976 Copyright Act, under a typical work-for-hire contract, the creator cannot request termination. However, Toberoff argues that the comics were not done on a work-for-hire basis, as the law was understood at the time.
10 years ago, the heirs of comic book creator Jack Kirby had sought to terminate the copyright grant on many characters, including Spider-Man, Fantastic Four, the Avengers, X-Men and the Incredible Hulk. However, in August 2013, the 2nd Circuit Court of Appeals ruled in favour of Marvel as the characters were created as work made for hire.
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As per The Hollywood Reporter, in a similar case, Jerry Siegel and Joe Schuster, the creators of Superman, had unsuccessfully attempted to terminate the copyrights of DC. Toberoff had represented Siegel and Schuster in that suit. Dan Petrocelli, who represented DC and won a verdict in its favour, is the one who has now filed the lawsuits for Marvel.
If the termination request is successful, then Disney will have to share the profits with the heirs. However, the copyright termination provisions will apply only in the US and Disney can continue to profit from foreign exploitation.