Home Comics Creator Copyright Lawsuits against Marvel Resolved Through Settlement

Creator Copyright Lawsuits against Marvel Resolved Through Settlement

Marvel has settled lawsuits with four artists or their estates who attempted to reclaim copyright interests in Iron Man, Ant-Man, Captain Marvel, Thor, Black Widow, Hawkeye, and Blade. Attorney Marc Toberoff brought copyright termination attempts in regard to these properties on behalf of these parties. Marvel filed lawsuits against Larry Lieber and the estates of Don Heck, Gene Colan, and Don Rico, but no settlement has been reached in the case of the estate of Steve Ditko, which seeks to reclaim his share of Doctor Strange and Spider-Man copyrights.

According to the original filing, “It would be hard to find a better example of this than the amici who worked as freelancers from home, on their own steam, with no contract, no financial security, and no employment benefits, but without whom Marvel might not even be in business today.” These freelancers, who helped redefine the comic book business in the 1960s, created billion-dollar franchises such as Spider-Man, Thor, and Iron Man, but have received zero financial benefits from them.

Marvel claimed that the comics and characters were work-for-hire, and that Marvel owns them in perpetuity, therefore the artists cannot reclaim rights in them under the Copyright Act. A creator can terminate a copyright assignment after decades in certain circumstances under that act. However, Marvel settled with the artists and their estates, except for Steve Ditko.

The Ditko estate and Marvel have not reached a settlement over the disposition of the copyrights for Spider-Man and Doctor Strange. Both parties made motions for summary judgment ahead of these matters going to trial, yet with matters still ongoing between the estate and Marvel, it does not seem that oral arguments have been made on those motions so far.

In conclusion, Marvel certainly has a lot to take care of. The company has settled with four artists or their estates, but not with Steve Ditko yet. It will be interesting to see how the Ditko estate and Marvel will resolve the disposition of the copyrights for Spider-Man and Doctor Strange in the future.

 

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