Kirby Estate Sends Notices Terminating Copyrights

Captain America, the Hulk, the Fantastic Four…these are just a few of the big names that Jack Kirby helped create during his time at Marvel Comics.

And it was those big names that Kirby’s estate sent out notices terminating copyright to publishers Marvel and Disney, as well as film studios that have made movies and TV shows based on characters he created or co-created, including Sony, Universal, 20th Century Fox and Paramount Pictures.

The estate is represented by Marc Toberoff, who recently represented Superman co-creator Jerry Seigel in his case against DC and Warner Brothers. That case resulted in Seigel being awarded back some of the rights to the origin of the Man of Steel. So, it may appear that Marvel and Disney will have an interesting battle on their hands.

Kirby’s estate is looking to regain his share of copyright in the characters and their use in comics and other media. “Such claims, if found valid, would begin from 2014 and, as always, it’s worth noting that Marvel/Disney will still own the trademarks of the characters in comics, and the studios in movies. The likelihood is that, if successful, the Kirby estate would enter into negotiation over terms to continue publishing comics based on his work,” web site Bleeding Cool reports.

Deadline Hollywood’s Nikki Finke points out that Disney chief executive Bob Iger’s ties to Marvel go back two generations, to Kirby himself: Iger’s late great-uncle (his grandfather’s brother) was illustrator/cartoonist Jerry Iger, who partnered with illustrator/cartoonist Will Eisner back in the 1930s to create the comic-book packager Eisner & Iger Studios. And their first hire was Jack Kirby, who created many of Marvel’s best-known characters with then Marvel editor-in-chief Stan Lee.

It is unknown yet if or how this might impact the merger between Disney and Marvel.