Marvel and Disney's ownership of major characters like Spider-Man, Doctor Strange, and Thor is being challenged by the estates of the individuals that originally created them, but do those individuals have the right to terminate decades old agreements?
The answer may turn entirely on a court's interpretation of a law written in 1909, and what exactly it meant for each creator to participate in the "Marvel Method".
To Heir is Human, to Terminate Devine...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:03 The Controversy 06:43 What is Work Made for Hire? 08:54 Terminating Assignments 14:35 The Marvel Lawsuit 15:58 1909 and The Marvel Method (Kirby) 20:53 Instance and Expense 28:30 Conclusion
Discussed in this Episode:
"Marvel Sues to Block Heirs From Reclaiming Spider-Man, Doctor Strange Copyrights" Variety - September 24, 2010 https://variety.com/2021/film/news/spider-man-captain-america-marvel-copyrigh-termination-1235072997/
"Contempt of Court?! Did Destiny's Composer Steal His Own Music? (VL541)" YouTube Video - September 17, 2021 - Hoeg Law https://youtu.be/tT6AnLMbPaM
"Works Made for Hire" Copyright Office Circular https://www.copyright.gov/circs/circ09.pdf
Form of Consulting Agreement SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm
"Duration of copyright: Subsisting copyrights" 17 USC 304 https://www.law.cornell.edu/uscode/text/17/304
"Termination of transfers and licenses granted by the author" 17 USC 203 https://www.law.cornell.edu/uscode/text/17/203
Marvel Characters, Inc. v Ditko Complaint for Declaratory Relief - Filed September 24, 2021 https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjokqnzpr/IP%20MARVEL%20COPYRIGHT%20ditkocomplaint.pdf
Works Made for Hire under the 1909 Copyright Law Copyright Office Leaflet (2005) https://copyright.gov/comp3/chap2100/doc/appendixE-madeforhire.pdf
Marvel Characters, Inc. v. Kirby 726 F.3d 119 (2d Cir. 2013) https://casetext.com/case/marvel-characters-inc-v-kirby
"Steve Ditko's Role in the Creation of the 'Marvel Method'" CBR Website - August 28, 2018 https://www.cbr.com/steve-ditko-stan-lee-marvel-method/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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