Marvel Entertainment, a subsidiary of The Walt Disney Company, has won a legal battle to retain copyright of some of its most popular comic book characters such as Spider-Man, Iron Man, The Fantastic Four, The Mighty Thor and The X-men. Last year, the company sued the family of creator Jack Kirby after they claimed the copyrights on the characters he created between 1958 and 1963. However, a New York judge has ruled that the copyrights on Kirby's illustrations of the beloved characters have been created "for hire" and belong to his employer, Marvel. 

The US District Judge Colleen McMahon mentions that this case is about whether Kirby’s work qualified as ‘work for hire’ under the American Copyright Act of 1909. In general, copyright is awarded to the person who creates the work, but there is an exception for works made for hire. A work created by an employee within the scope of his or her employment is a work made for hire. In that case, the employer for whom the work is made is considered as the creator and right holder of the work, unless the employee and employer have agreed otherwise.

As is common in legal procedures, it usually comes down to the laid down evidence, of which Marvel seemed to have plenty. The contracts made it clear that all of Kirby's work for publications was work for hire. In a 1986 sworn statement, Kerby mentions that he did his work at a time when it was common practice for vested ownership of his creations to belong to the company that paid him to draw. Also, in 1972, Kirby signs a written agreement admitting that he is not entitled to retain ownership of the work.  Therefore, the judge concludes Marvel is the right holder and owner of Kirby's creations.

Marc Toberoff, a lawyer for the Kirby estate, says: "We respectfully disagree with the court's ruling and intend to appeal this matter." In appeal, Kirby’s heirs will have to prove that Kirby and Marvel agreed otherwise and his works are not qualified as works for hire. It seems to me that this will not be the easiest job to fulfill, given the above-mentioned laid down evidence. 

Read more about the comic industry on Future of Copyright: 

- Digital innovation in the comic industry

- Scanlation, comic piracy and the future of comic distribution

Reference: BBC