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28 October 2021CopyrightAlex Baldwin

Watch: Jeff McFarland on Marvel’s superhero legal battle

Following a wave of lawsuits from ex-Marvel writers and artists attempting to win back copyrights of some of the company’s flagship characters,  Disney retaliated with suits of its own in September, asking courts to invalidate their termination notices.

Central to the dispute is the termination provisions of the Copyright Act, which states that an artist can terminate a copyright assignment after 35 years by giving a two-year notice. The artist’s termination notices seek to claim back characters and elements of the story that are now central to Marvel’s cinematic media empire.

WIPR asked Jeff McFarland, principle at McKool Smith, to tell us about the dispute, whether the artists have a chance of succeeding, and the potential knock-on effect for other characters in the Marvel universe.

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More on this story

Patents
27 September 2021   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.
Copyright
29 September 2014   Disney-owned comic book producer Marvel Entertainment has settled a copyright dispute with the estate of the artist who helped to create characters including the Incredible Hulk and X-Men.