Southern District Judge Colleen McMahon ruled yesterday that Marvel Worldwide Inc. owns the copyrights to more than a dozen superheroes, including Spider-Man, X-Men, Iron Man, over the claims of the estate of a legendary artist. Marvel Worldwide had sought to invalidate 45 notices sent by the heirs of artist Jack Kirby to try to terminate its copyrights, effective on dates ranging from 2014 through 2019. The famed artist died in 1994. The comics were published between 1958 and 1963.
In her 50-page ruling in Marvel Worldwide Inc. v. Kirby, 10 Civ. 141, Judge McMahon found yesterday that in 1972 Marvel had Mr. Kirby “execute an assignment” to Marvel “of any and all right, title and interest…that Kirby ‘may have or control’ in any of the works Kirby created for Marvel.” She added that the assignment “contained an acknowledgement that Kirby had created the works ‘as an employee for hire.’” As such, the heirs’ claims were ruled invalid. A lawyer for the Kirby family did not immediately return a call for comment.
