Marvel Studios wins Jack Kirby Estate lawsuit
Marvel Studios has won summary judgement in the Jack Kirby Estate lawsuit, Deadline reports. This decision breaks the winning streak of Intellectual property lawyer Marc Toberoff. He sued Disney/Marvel and other studios Sony, Universal, 20th Century Fox and Paramount Pictures on behalf of the Jack Kirby Estate and lost. The federal judge not only granted the studios' motions for summary judgment but also denied the Toberoff/Kirby cross-motion for summary judgment. Deadline reports that the studios still see Toberoff as a threat.
Kirby is the legendary superhero co-creator of Captain America, The Fantastic Four, The X-Men, The Avengers, Iron Man, Hulk, The Silver Surfer and Thor. His estate sent 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. These are very common lawsuits in Hollywood, but Toberoff is the thorn in the side of many studios becasue he typically wins.
Toberoff has either won or settled lawsuits on Lassie, Get Smart, The Dukes of Hazzard, The Wild Wild West, and Smallville. He has also won comic book lawsuits for Superman creator Jerry Seigel against DC Comics against Warner Bros, the U.S. District Court Judge ruled that "after 70 years, Jerome Siegel’s heirs regain what he granted so long ago — the copyright in the Superman material that was published in Action Comics, Vol. 1. What remains is an apportionment of profits, guided in some measure by the rulings contained in this Order, and a trial on whether to include the profits generated by DC Comics’ corporate sibling’s exploitation of the Superman."
Just because Toberoff lost this battle, I have a feeling that he will continue to fight. All I really personally care about is the creation of great TV series, films, and comic books. It is a shame that these lawsuits get in the way. Do not get me wrong, I want the artists and creators to be treated fairly. I just get annoyed when a family member or Estate tries to throw a wrench into the system with this litany of lawsuits. What are your thoughts?
