Marvel Entertainment has been dealt a blow in the ongoing legal battle with the estate of Jack Kirby over the ownership of 45 of the company’s most popular (and lucrative) characters – and Disney has been told that it’s involved, whether it likes it or not.
New York federal judge Colleen McMahon last week ruled on multiple matters in the ongoing tussle between Marvel and the heirs of Kirby, and despite multiple decisions in Marvel’s favor – most importantly for the company, that the Kirby estate was too late in demanding the return of artwork, and that an accounting of how much money was at stake was premature – McMahon refused to follow Marvel’s lead and declare the notices of termination of copyright as redundant, meaning that there’s a very real chance that Marvel could lose control of characters such as the Fantastic Four, the Hulk and the X-men within the next decade.
She also declared that, despite attempts to distance itself from the lawsuit, Marvel parent Walt Disney Co. is very much involved. Although the termination notices were sent in before Disney’s purchase of Marvel Entertainment, McMahon said that Disney’s ability to exploit the Kirby-created characters meant that it should share in any claim for declaratory relief.
The case proceeds, with McMahon’s attention now expected to turn to the arguments presented by both sides regarding the context of Kirby’s Marvel work.
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