Dead2009
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https://www.ign.com/articles/marvel-ditko-copyright-termination-doctor-strange-spider-man
Marvel and the heirs of comic book legend Steve Ditko are getting ready for a legal battle over the rights of such characters as Doctor Strange, Spider-Man, and more.
The Hollywood Reporter details an ensuing fight over the rights to some of Marvel’s biggest characters as the heirs of comic book creators seeks to terminate Marvel’s copyrights over these characters.
The Ditko estate filed a notice of termination on Spider-Man last month, which is allowed for heirs under the 1976 Copyright Act. This can only be done after waiting a set period and for creations assigned to another person or entity.
However, Marvel is fighting back by claiming that these characters were created as “work for hire,” meaning Ditko created these characters for Marvel under contract. If proven this would mean that Marvel — not Ditko — is the original owner of the copyright and therefore cannot have their rights over these characters terminated.
This is the same defense DC Comics used when the creators of Superman attempted to terminate the publishers’ rights to the Man of Steel. Funny enough, Disney has hired Dan Petrocelli at O’Melveny, who represented DC successfully, for its own legal battle.
Similarly, the Ditko estate is being represented by Marc Toberoff, who represented Superman creators Jerry Siegel and Joe Schuster in their fight with DC.
Based on past cases this could be an uphill battle as a similar attempt by Jack Kirby’s estate to wrestle back control of Spider-Man, X-Men, and Hulk back in 2013 was thwarted when the 2nd Circuit Court of Appeals ruled that Kirby created these characters for Marvel as “Work for Hire.”
But that doesn’t mean this case is doomed on arrival. And if successful, Marvel could lose the rights to some of its biggest Avengers in June 2023.
Marvel and the heirs of comic book legend Steve Ditko are getting ready for a legal battle over the rights of such characters as Doctor Strange, Spider-Man, and more.
The Hollywood Reporter details an ensuing fight over the rights to some of Marvel’s biggest characters as the heirs of comic book creators seeks to terminate Marvel’s copyrights over these characters.
The Ditko estate filed a notice of termination on Spider-Man last month, which is allowed for heirs under the 1976 Copyright Act. This can only be done after waiting a set period and for creations assigned to another person or entity.
However, Marvel is fighting back by claiming that these characters were created as “work for hire,” meaning Ditko created these characters for Marvel under contract. If proven this would mean that Marvel — not Ditko — is the original owner of the copyright and therefore cannot have their rights over these characters terminated.
This is the same defense DC Comics used when the creators of Superman attempted to terminate the publishers’ rights to the Man of Steel. Funny enough, Disney has hired Dan Petrocelli at O’Melveny, who represented DC successfully, for its own legal battle.
Similarly, the Ditko estate is being represented by Marc Toberoff, who represented Superman creators Jerry Siegel and Joe Schuster in their fight with DC.
Based on past cases this could be an uphill battle as a similar attempt by Jack Kirby’s estate to wrestle back control of Spider-Man, X-Men, and Hulk back in 2013 was thwarted when the 2nd Circuit Court of Appeals ruled that Kirby created these characters for Marvel as “Work for Hire.”
But that doesn’t mean this case is doomed on arrival. And if successful, Marvel could lose the rights to some of its biggest Avengers in June 2023.
