Marvel Kirby estate lawsuit

[mistymills]

I would think that if that was going to set some sort of precedent, the Carolyn Davidson diamond ring and stock certificates would have set a precedent already for it.

 

[Probe Droid]

but that doesn't have jack to do with Kirby. (sorry, too good to pass up)

Indeed it was!

 

[Sluis Van Shipyards]

He was work for hire knowing full well he didn't own what he created. They will never win.

When I worked for a software dev, I understood that everything I made for them under their contract belonged to them and I had no claim to the software. A POS Terminal software I created is still being sold to this day and has sold quite a lot.

I was talking to my grandfather about something similar yesterday. He worked for Mound Laboratories on the Galileo spacecraft, among other things, specifically the RTGs that powered it. He worked with the guy who held the patent for the RTG (Radioisotope Thermoelectric Generator). So while that guy had the patent, he didn't profit from it because the technology was still owned by Mound Labs. If those work conditions are presented when you are being hired, and you accept them, I'd say the matter is closed in either case.

 

[Solo4114]

I was talking to my grandfather about something similar yesterday. He worked for Mound Laboratories on the Galileo spacecraft, among other things, specifically the RTGs that powered it. He worked with the guy who held the patent for the RTG (Radioisotope Thermoelectric Generator). So while that guy had the patent, he didn't profit from it because the technology was still owned by Mound Labs. If those work conditions are presented when you are being hired, and you accept them, I'd say the matter is closed in either case.

Exactly. While patent and copyright are two very different animals, the real issue is that your employment agreement (or your independent contractor agreement) will likely have an "intellectual property" clause whereby you assign your rights to the work, or at least give a license that's almost equivalent to an assignment, to the employer, if the work is made within the scope of your employment or using knowhow you gained on the job or employer assets. This stuff is pretty standard in arrangements where intellectual property might be created.

The real issue is what Kirby's agreements said -- if anything -- on the subject. You only really have a case where there's bad drafting, nothing written, or some other kind of loophole. But if the agreements were drafted properly, Kirby's estate doesn't have much of an argument.

 

[dascoyne]

Exactly. While patent and copyright are two very different animals, the real issue is that your employment agreement (or your independent contractor agreement) will likely have an "intellectual property" clause whereby you assign your rights to the work, or at least give a license that's almost equivalent to an assignment, to the employer, if the work is made within the scope of your employment or using knowhow you gained on the job or employer assets. This stuff is pretty standard in arrangements where intellectual property might be created.

The real issue is what Kirby's agreements said -- if anything -- on the subject. You only really have a case where there's bad drafting, nothing written, or some other kind of loophole. But if the agreements were drafted properly, Kirby's estate doesn't have much of an argument.

reminds me of a great classic satire. The Man in the White Suit (1951) starring Alec Guinness in one of his most memorable roles. (This is one of the Ealing Studio comedies not as well known in the US.). It's a brilliant film and highly recommended. He plays a brilliant but socially naïve scientist who sneaks into textile laboratories to conduct experiments and invents an indestructible fabric. The film has both the textile industry and labor unions united to oppose this idealistic young inventor. One company that (reluctantly) employed him was overjoyed when he announced success... that was until he revealed that his first successful experiment occurred when he was unemployed ... hilarity ensues. This is one of my favorite films of all time.

 

[Probe Droid]

Kirby's Estate and Marvel have settled. Financial details were not disclosed, as they say. It'll come out eventually, I guess.

 

[dascoyne]

That's nice. As long as nothing interferes with Marvel Studio's creative output - that's all I care about.

 

[Vivek]

Marvel titles now include Jack Kirby creator credit
They have also posted screenshots from various current comic titles showing the Kirby credit.

 

[ghostryder]

In other Marvel lawsuit news:

http://news.yahoo.com/company-loses-bid-rights-marvel-superheroes-190148741.html

 

[Bryancd]

Disney's lawyers will destroy this suit.

 

[Solo4114]

If the contract was terminated for breach, then, yeah. This smells like a nuisance suit, because for Disney to win, they have to be willing to basically fight Stan's lawsuit against Stan Lee Media, to claim that the termination was legitimate and that the company really did breach. My guess? They'll pay them money to **** off, and the lawsuit will only go as far as is necessary to secure the greatest settlement amount possible.