• Ever wanted an RSS feed of all your favorite gaming news sites? Go check out our new Gaming Headlines feed! Read more about it here.
  • We have made minor adjustments to how the search bar works on ResetEra. You can read about the changes here.

Helix

Mayor of Clown Town
Member
Jun 8, 2019
23,814


www.hollywoodreporter.com

Marvel Suing to Keep Rights to ‘Avengers’ Characters From Copyright Termination

Blockbuster lawsuits filed today will decide future ownership of characters including Iron Man and Spider-Man.

Disney's Marvel unit is suing to hold onto Avengers characters including Iron Man, Spider-Man, Dr. Strange, Ant-Man, Hawkeye, Black Widow, Falcon, and others.

The complaints, which The Hollywood Reporter has learned are being filed today, come against the heirs of some late comic book geniuses including Stan Lee, Steve Ditko, and Gene Colan. The suits seek declaratory relief that these blockbuster characters are ineligible for copyright termination as works made for hire. If Marvel loses, Disney would be letting ownership of characters worth billions slip from its fingertips.

terminate me if old
 

HockeyBird

Member
Oct 27, 2017
12,602
Man, the ownership and usage rights of comic book characters is always so complicated for me to follow.
 

Ruisu

Banned
Aug 1, 2019
5,535
Brasil
Disney and abuse of copyright laws to keep characters from the public domain, name a more iconic couple.
 

MadLaughter

Avenger
Oct 25, 2017
13,101
I don't know shit about lawsuits, isn't this more about stuff like this:

image.png


If these characters were made as work-for-hire, don't the estates have no real chance of getting them? Is the Ditko estate just fishing for a settlement?

And this isn't just the MCU, this would remove them from all comics, shows, movies, toys, everything, right?
 

RPGam3r

Member
Oct 27, 2017
13,563
I mean they're Disney's characters now and they are actively using them. Makes sense.
 

mreddie

Member
Oct 26, 2017
44,224
I don't know shit about lawsuits, isn't this more about stuff like this:

image.png


If these characters were made as work-for-hire, don't the estates have no real chance of getting them? Is the Ditko estate just fishing for a settlement?

And this isn't just the MCU, this would remove them from all comics, shows, movies, toys, everything, right?
That's what is really, basically what the Kirby estate did, granted things have getting weird lately because I think that issue was before Disney.
 

kai3345

Member
Oct 25, 2017
5,445
im confused
The cases will focus on the creation of famous comic book characters and whether they should be deemed as works made for hire. If so, then the publisher would be deemed the statutory author
In what circumstance would the creation of these characters not be deemed works made for hire?
 

Dalek

Member
Oct 25, 2017
38,989
Today I'm thinking about Bill Finger and the fight his family had to get him recognized as a creator of Batman.



Creators of these characters get royally screwed.
 

wwm0nkey

Member
Oct 25, 2017
15,591
People would still watch the Disney produced movies and media, just keep the quality bar up and you don't have to worry
 

mreddie

Member
Oct 26, 2017
44,224
My god, some people need a lesson in copyright stuff.

No, this won't prevent comics or movies, the estates just want that cut and Marvel/Disney wants the whole bag.
 

MOTHGOD

Avenger
Dec 8, 2017
1,020
Buttfuck Nowhere
I love the MCU and these characters, but fuck Disney, these families deserve more for their creations. I hope Disney loses and makes this a bigger precedent for bullshit corporations to not be able to do this shit anymore.
 
Oct 27, 2017
12,374
Man, the ownership and usage rights of comic book characters is always so complicated for me to follow.
This seems to be an IP issue, as in if you do worm for hire you don't own the IP (usually), but where do these characters fall? Are they IP of their creators or did ownership pass to Marvel as the company of employ per contracts or agreements written decades and decades ago.
 

Rickelodeon

Member
Oct 25, 2017
453
i like spider-man and marvel but also just hope marvel just actually loses that'd be really funny. im really chaotic, think coporations suck, and always back the creators
 

Azerth

Prophet of Truth - Chicken Chaser
Member
Oct 27, 2017
6,196
So is tjis about the creators estate trying to get money that marcel/disney is making off the char or the estate trying to own the chars rights.
 

modoversus

Member
Oct 25, 2017
5,677
México
I really hope the heirs win, but Disney has too much money and influence.

So is tjis about the creators estate trying to get money that marcel/disney is making off the char or the estate trying to own the chars rights.

Last month, the administrator of Ditko's estate filed a notice of termination on Spider Man, which first appeared in comic book form in 1962. Under the termination provisions of copyright law, authors or their heirs can reclaim rights once granted to publishers after waiting a statutory set period of time. According to the termination notice, Marvel would lose rights to its iconic character in June 2023.
 

J-Skee

The Wise Ones
Member
Oct 25, 2017
11,114
That's what is really, basically what the Kirby estate did, granted things have getting weird lately because I think that issue was before Disney.
I have a stupid question. I know Kirby's name just recently started appearing again on works he created. Was the family not getting paid before that & are they getting paid now? (and if they are, I'm sure they're rooting for Eternals to be as successful as possible.)
 

KtotheRoc

One Winged Slayer
Member
Oct 27, 2017
56,688
I'm expecting settlements in the future, just like what happened with the Kirby estate.

That being said, Marvel should have set up more favorable conditions to the creators ages ago.
 

mightynine

Member
Oct 25, 2017
2,147
Most likely scenario - settlement out of court, cost is passed on the consumers, the beat goes on.
 

Lmo2017

Member
Oct 25, 2017
2,121
To the east of Parts Unknown...
Would this let Disney squirm out of the Spider-Man/Sony contract? Like return the rights to Ditko and set up a long term contract for using Spider-Man in Marvel directly? Since Marvel and Disney don't own Spider-Man legally the contract with Sony should go poof.
 

Weiss

User requested ban
Banned
Oct 25, 2017
64,265
Work for hire is a rigged carnie game and fuck everyone who profits from it.

Bill Finger died alone despite inventing one of the most iconic characters in all of pop culture because his rat snitch coworker backstabbed him.
 
Oct 31, 2017
5,632
I don't know shit about lawsuits, isn't this more about stuff like this:

image.png


If these characters were made as work-for-hire, don't the estates have no real chance of getting them? Is the Ditko estate just fishing for a settlement?

And this isn't just the MCU, this would remove them from all comics, shows, movies, toys, everything, right?

Yes. I thought this was settled years ago. Not sure what's new now.

Upon further reading this seems to be the copyright termination claim that some original authors have the rights to. Different laws apply depending if the work was created before or after 1978.

Notice of Termination | U.S. Copyright Office

Notice of Termination

AFAIK the law does not apply for work made for hire. That's the reason Cameron was able to reclaim Terminator, but Captain America or Superman was not able to be reclaimed by the heirs.

If anything this will get the heirs hush money and settled out of court, which is what I think they are looking for anyways.
 
Last edited:

Palette Swap

The Fallen
Oct 25, 2017
11,228
Smells like they're fishing for settlements, not an actually groundbreaking jurisprudence.

I'm all I'm favor of artists getting more recognition (including financial) for things they've created, like all these living artists seeing ridiculously small checks when characters they created for a publisher become big, but I could give two shits about estates (besides partners/spouses) tbh, because I have no love for inherited wealth.
 

Hollywood Duo

Member
Oct 25, 2017
42,092
Legally speaking they have no standing. If I pay someone to make something for me then I own it, not the guy who made it.
 

Deleted member 25606

User requested account closure
Banned
Oct 29, 2017
8,973
I'm all for this if the creator is still alive and directly doing it like Victor Miller with Friday the 13th. Not so much for estates. Generational wealth accumulation is shit, and characters not eventually reaching public domain is shit whether corporate or kids/grandkids of a creator.