The Hollywood Report's legal blog, THR, Esq., is reporting that the Jack Kirby estate has filed suit against Marvel to terminate copyrights and gain profits from character co-created by Kirby. Those characters include Spider-Man, the X-Men, the Incredible Hulk and Iron Man -- all of whom Kirby helped usher into what is now the Marvel Universe along with Stan Lee.
The Kirby estate, represented by his three daughters and one son, filed the suit with the US District Court in Los Angeles, CA. This lawsuit follows action taken in September of 2009 by the estate which consisted of 45 notices of termination sent out to Marvel and owner, the Walt Disney Co., as well as Sony, Universal, Fox and others. According to the article on THR, Esq., the details of the suit would stipulate that while various studios currently have a license to produce movies (i.e. Spider-Man at Sony and X-Men at Fox), the Kirby estate would have the ability to license competing versions through other venues. Although, this is entirely dependent on a court ruling in favor of the Kirby Estate.
Back in January, Marvel filed a lawsuit of its own, claiming that the works in question were part of a "work-made-for-hire" arrangement and the Marvel is the true author of the work. In addition, Marvel now has the full legal power of the Walt Disney Co. on their side to defend their claims of work-for-hire.
The lawsuit against Marvel was filed on behalf of the Kirby estate by Marc Toberoff, the attorney representing the Kirby family. Toberoff is also the attorney attached to the lawsuit involving Warner Bros. and the Jerry Siegel estate.
