“Kirby did not create the artwork … until told him to” and so did not own the copyright in those works. Kirby had been paid a flat per-page rate for the artwork and scripts he, and other freelance artists and writers, produced in line with the plot outlines or scripts provided by Stan Lee, Marvel’s long-standing editor-in-chief.
Kirby’s work “qualifies as work-for-hire under the Copyright Act of 1909,” which governs works made before January 1, 1978.
However, the United States District Court Southern District of New York determined that Marvel held the copyright in the works created by Mr. In 2009, the estate of comic book artist Jack Kirby (1917-1994) brought a case to assert rights in a number of works appearing in Marvel editions between 19 that he had co-created. Marvel, one of the original comic book producers, has since 1939 created almost 8,000 characters. In many jurisdictions, including in the US, when artistic creations are produced in this way, they are considered works made for hire, and the copyright in these works automatically vests in the employer. Comic book writers and artists, who are essential in creating storylines and characters, are often employed by comic book publishers. While this broad idea itself does not qualify for copyright protection, an author’s unique interpretation – the storyline and the characters developed to play out this battle – does. Most comics are underpinned by the notion of a battle between good and evil. Copyright protects an original storyline, characters and graphical elements, and gives creators the power to control the way in which their works, and the characters they create, are used. IP protects comics in two main ways: through copyright and trademark law. (Photo: Marvel Worldwide, Inc.)Īs a company based almost entirely on creative assets, it is no surprise that intellectual property (IP) plays a key role in Marvel’s fortunes. Acquired by the Walt Disney Company in 2009, Marvel often outperforms its rival, DC Comics (owned by Time Warner) – which produces Batman, Superman and Wonder Woman – in the volume and dollar value of its monthly comic sales. Marvel, one of the original comic book producers, has since 1939 created almost 8,000 characters, including Iron Man, Spider-Man, the Hulk, Blade, Thor, the X-Men and the Fantastic Four. While television shows based on comic books have been successful over the years, it is the film industry that has made characters like Superman and Spider-Man world renowned. What’s changed since the dawn of the concept in the 1930s? Movies! Sudhindra, Attorney and Former WIPO ConsultantĬomic books, once associated with geeky adolescent boys and low-budget entertainment, now are linked to celebrities and big money.
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