A New York federal judge has weighed in on an important case that could be worth billions of dollars and impact the future of Iron Man, X-Men, The Incredible Hulk, Spider-Man, and other iconic super-hero characters.
The case involves the ongoing attempt by the estate of comic book artist Jack Kirbyto terminate a copyright grant over his legendary work. After Kirby's children served 45 notices of copyright termination, Marvel Entertainment sued the estate in New York District Court, seeking a declaration that the creations were "works-made-for-hire" and not eligible for termination. The estate countersued, seeking its own declaration that the termination notices were served properly to Marvel.
Last month, New York federal judge Colleen McMahon rejected a bid by Marvel to throw out the Kirby estate's main counterclaim. The judge decided it wasn't a "redundant" claim, meaning she will soon have an opportunity to shake up Marvel's universe, if she so decides, with a potentially devastating future ruling.
But the judge's decision wasn't a complete loss for Marvel. Far from it.
The studio was successful in avoiding an accounting on how much money is potentially at stake. Judge McMahon agreed with Marvel's contention that it would be premature to adjudicate the issue before it's decided whether or not the Kirby material can be terminated. More.
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