Many of Marvel’s caped crusaders may yet have their day in court. The next major premier for Captain America and company is in all likelihood a Supreme Court case.
Several decades before, heroes such as Thor, The Fantastic Four and even the X-Men were originally dreamed up in Jack Kirby’s smoky basement – it was the dawn of Marvel Comics.
These larger-than-life characters found mainstream success, eventually catching interest from Walt Disney Co. Marvel Entertainment would carry a hefty price tag of $4.2 billion.
The Marvel franchise has continued to display otherworldly power across major industries. Blockbuster movie The Avengers managed to gross just over $1.5 billion – successful toy and video games lines have generated millions in residual sales.
Does Marvel’s success entitle Jack Kirby’s children to a piece of the pie? The Supreme Court may be asked to make a sensitive ruling with potentially Hulk-like legal ramifications for future copyright cases.
Legal analysts consider the chances that Kirby’s descendants are financially rewarded registering on the map as a tiny blip – but then again, a company of heroes is no stranger to overwhelming odds. A legal loophole could make the seemingly impossible a reality.
In accordance with federal copyright law, characters like Captain America are considered “works made for hire,” works subsequently commissioned and paid for through Marvel. Throughout the majority of copyright cases, authors and artists retain their rights after 56 years – provided they were not “works made for hire.”
So what if compelling argument can be made for Kirby working as an independent contractor? At the very least, this godfather of the comic book world could be considered a co-creator of the Marvel heroes alongside Stan Lee, the writer and editor who brought life to Kirby’s drawings.
If the argument is compelling enough, Marvel would lose exclusivity and be forced to include Kirby’s children among the share of profits. A ruling in their favor is all but guaranteed to change the face of profit-sharing among other heroes of the literary world.
Original story reported by USA Today.