Marvel Lodges Lawsuit to Counter Lawsuit Lodged by Jack Kirby’s Estate
Posted by Darren in: NewsBack in September it was reported that the estate of Jack Kirby had issued termination of copyright notices to Marvel, Disney and any studio that produces films based on characters created or co-created by the late Jacob Kurtzberg (Jack Kirby). The characters impacted by the termination notices include the iconic Captain America, the X-Men, Hulk, and of course, the Silver Surfer.
The basic purpose of the Kirby lawsuit was to place the Kirby Estate in a position to be able to negotiate with Marvel over their terms to continue publishing comics based on Kirby’s work which, in turn, would extend into Marvel/Disney’s use of those properties in film.
If the Kirby Estate’s claims are found valid, word is they would regain their copyright ownership to those characters in 2014. Obviously this wouldn’t have an impact on the current Silver Surfer movie, but it could impact future movies if the film’s were to evolve into a franchise (and let’s hope they do!). It doesn’t mean they wouldn’t get made, it simply means Kirby’s Estate would be in a position to influence their development and, obviously, reap more financial reward from them, something the studios don’t want as an additional financial burden.
It’s taken a few months, but today Marvel formally announced that they’ve lodged their own lawsuit to counter the Kirby Estate’s claims. You can read the entire lawsuit after the jump, but in a nutshell they are seeking, as would have been expected, to obtain judicial approval that the notices of termination are invalid.













