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27 September 2021PatentsAlex Baldwin

Marvel suits up to win back comic book characters

Marvel has launched a slew of countersuits against a consortium of ex-Marvel writers and artists to win back copyrights to some of its most recognisable characters, including Spider-Man, Iron Man and Thor.

Marvel filed five lawsuits in New York and California on Friday, September 24 after the artist and writers’ estates filed notices of termination with the US Copyright Office in Spring this year.

According to Reuters, Toberoff & Associates founding partner Marc Toberoff represented the artists in their termination notices against Marvel.

The notices aimed to terminate Marvel and Disney’s right to license and renew copyrights related to comics authored by former Marvel alumni, including five notices submitted by former writer Steve Ditko and eight from Larry Lieber.

Marvel’s countersuits mainly target the estates of former Marvel alumni, including a suit filed against comic writer Lawrence Liever, the younger brother of former Marvel Comics editor Stan Lee.

The lawsuits were launched on behalf of Marvel owner Disney by O’Melveny & Meyers chair Daniel Petrocelli.

Each suit asks for the court to invalidate copyright termination notices filed in spring by Toberoff on behalf of the artists and writers and their estates.

Aside from Liever, the rest of the artists and writers attached to the copyright termination notices are deceased. The estates targeted in Marvel’s suits include Steve Ditko, Don Heck, Don Rico and Gene Colan, each of which played a crucial role in developing flagship Marvel characters.

Marvel’s precedent

In its suits, the Disney-owned company claims that the US District Court for the Southern District of New York granted Marvel a summary judgment in a “virtually identical” case between the media giant and illustrator Jack Kirby,  the creator of the “Fantastic Four” and the “Hulk”.

Kirby’s heirs laid claims to copyrights for certain Marvel Comics’ works between 1958 and 1963. Toberoff also represented Kirby’s estate in this case.

However, the New York Court said that the rights belonged to Marvel Entertainment—prior to its acquisition by Disney—and not Kirby.

This is the latest in a line of IP disputes over character rights levied at Marvel and Disney. Notably, Marvel was indicted in a lawsuit from Stan Lee’s daughter, who claimed that the company “fraudulently” obtained Lee’s IP rights in 2019.

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