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    Jack Kirby

    Person » Jack Kirby is credited in 3374 issues.

    One of the medium's most prolific artistic legends, Jack Kirby, "The King of Comics," was an artist, writer, and editor whose work spanned the Golden, Silver, Bronze and Modern ages of comics. Kirby created and co-created a multitude of Marvel and DC's most popular characters and many others, too. Kirby was one of the most respected artists of his time (though he didn't have personal knowledge of that, until later on), and remains so today.

    Jack Kirby Estate Versus Marvel Over Rights

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    gmanfromheck

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    Edited By gmanfromheck

     

    No Caption Provided
    We have another court case/lawsuit to start out the week.  This time around the Jack Kirby Estate is going after Marvel/Disney over the rights to Kirby's creations.  Before you jump to any conclusions, let's hear this out.
     
    What makes this more than just the average creator rights lawsuit is Marc Toberoff is heading it.  Toberoff is an intellectual rights lawyer.  He's the lawyer that won the rights for the Siegel heirs.  Similar to the Siegel case, the Kirby Estate is looking to regain their share of copyright over the characters in comics and other media.  According to Rich Johnston:

    Such claims, if found valid, would begin from 2014 and, as always, its worth noting that Marvel/Disney will still own the trademarks of the characters in comics, and the studios in movies. The likelihood is that, if successful, the Kirby estate would enter into negotiation with Marvel over terms to continue publishing comics based on his work.

    This isn't the first time Kirby and Marvel has battled over creator rights.  The Comics Journal reported how Kirby fought against Marvel for years over the ownership of his original artwork.  Marvel had insisted that Kirby sign away the rights to the characters and if he didn't they would retain all of his original art.  It was in 1978 when copyright laws changed that publishers had to make sure all their paperwork was in order when dealing with work for hire relationships.  
     
    When DC started moving towards acknowledging the rights of creators between 1973 and 1978, Marvel decided to follow similar practices by returning art and paying royalties (which they referred to as 'incentives').  DC had begun to return its backstock of original art to its owners but Marvel held on to some.  There was no clear indication why certain artists only received a portion of their artwork.  There was a question as to how Marvel was cataloging the art and whether or not some had simply been lost or stolen.
     
    In 1984, Marvel finally started returning the art, Kirby only received 88 pages out of more that 8000 he had done.  When Marvel returned the art, the artists had to sign a release statement saying the art was a 'gift' from Marvel.  This also stated that the creators agreed the art had been 'work for hire' and Marvel still was the "exclusive worldwide owner of all copyright" related to the art.  Kirby had not been given this option.  He alone was given a different form to sign that basically said he was able to store the artwork on Marvel's behalf.  Should they require the use of the artwork, Kirby was to return it given a proper amount of time.  In other words, all Kirby could do was hold onto the art, nothing else.  Kirby wasn't even allowed to sell his own artwork.
     
    The characters involved include the X-Men, The Avengers, Iron Man, Hulk, Captain America, Thor, the Fantastic Four among others. Given that the Marvel/Kirby relationship hasn't been the best, it's no surprise that this case has arisen.  Who is in the right?  Marvel holds the rights but should the heirs get a piece of the action.  Without the contributions of the creators, publishers like Marvel and DC wouldn't be where they are today.  Part of the question could be how much of the success is from the actual creation versus how much has been from marketing and continued use?
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    inferiorego

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    #1  Edited By inferiorego  Staff

    Jack Kirby was the first I artist I "got into." For me, his work defines Marvel's Silver Age and his family should be paid accordingly for it. Where would we be without his work? We would most likely still have the characters we have today (marvel-wise), but I'm pretty sure contemporary art styles would not be the same today. What about "Drawing the Marvel Way?" Much of that book is based off a bit of his work.

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    Moomin123

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    #2  Edited By Moomin123
    @inferiorego said:
    "Jack Kirby was the first I artist I "got into." For me, his work defines Marvel's Bronze Age and his family should be paid accordingly for it. Where would we be without his work? We would most likely still have the characters we have today (marvel-wise), but I'm pretty sure contemporary art styles would not be the same today. What about "Drawing the Marvel Way?" Much of that book is based off a bit of his work. "

    Exactly.
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    goldenkey

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    #3  Edited By goldenkey

    the fued between Kirby and Marvel is know,  Was the Siegel D.C fued known?  I never heard anything there.  The issue with Marvel was money for Kirby, he's said it straight out a few times, but a lot of his work was still co-created with Lee.  He was pissed about royalties to cartoons and toys because he didn't see a dime of it and that's a little understandble.  This is more of a moral issues as appossed to the Seigel cash with Superman, but this could be worse for Marvel beacause of the list of characters under Kirby.  Now it's a good thing Disney merged cuz i doubt Marvel could afford this issue after Seigel estate last month.  If everything is signed that Marvel says has been signed this shut be a closed case.  The only ones losing the most here are the fans in the end.  I'd like to see the amounts due, and the percentage of everything owed in the future.  Like if they mention Krypton, how much of each $2.99 comic book do the Seigels get. 

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    No_Name_

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    #4  Edited By No_Name_

    I guess a lot of this has to do with whether or not Kirby was commissioned by Marvel (as opposed to having a contract) when he created a lot of the original art. It's unfortunate when an artist relinquishes the rights to their original work and have such a hard time obtaining royalties afterward.

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    warlock360

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    #5  Edited By warlock360

    Raas al Ghuul with cap shield ahoi!

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    Jump_Start89

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    #6  Edited By Jump_Start89
    @Moomin123 said:
    "@inferiorego said:
    "Jack Kirby was the first I artist I "got into." For me, his work defines Marvel's Bronze Age and his family should be paid accordingly for it. Where would we be without his work? We would most likely still have the characters we have today (marvel-wise), but I'm pretty sure contemporary art styles would not be the same today. What about "Drawing the Marvel Way?" Much of that book is based off a bit of his work. "
    Exactly. "
    I agree completely i couldn't have said it better myself
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    Adam Michaels

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    #7  Edited By Adam Michaels

    That's why today, most writers/artists, whether they work in Marvel or DC sometime in their career, have their own creator owned books. Because despite the nice paying gig they have with the big 2, their creator owned properties is where they can make money off of continuously no matter what (unless you end up signing them away). 
     
    Not that I know anything about the insider workings of the comics business, but maybe if you're some big writer like Bendis or Millar, you could probably work some kind of clause out in your contract for some kind of royalties.
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    Dr. ? man

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    #8  Edited By Dr. ? man

     I know the general consensus is, "Well, the Kirby heirs didn't contribute to the creation of the Marvel characters, so why should they receive any compensation from it?" Well, the heirs to Bob Kane is being compensated for his contributions for creating Batman (although technically by his own admission, Bill Finger was as much a creator to Batman as he was, so he should be recognized as the co creator), so why shouldn't the same be set for the Kirby heirs? 
     
    Let's face it, Marvel (as well as DC and practically every other comic book publisher) is a business first and they're not going to look out for the little guy. I believe that Jack Kirby would want his family to be compensated from his blood, sweat and tears. I know it's easy for anyone to say, "Well, the Kirby heirs are being greedy" but what exactly was Marvel being when they didn't extend the olive branch to Jack Kirby regarding the profits that his characters were accumulating?

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    joshmightbe

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    #9  Edited By joshmightbe

    as cocreator wouldnt stan lee have just as much right to these characters as kirby's heirs. besides that i would be more conserned if it was the actual creators but its not most of these cases are brought on by whiney kids and grand kids who want to cash in on what their grand parents worked on so they dont actually have to earn anything on their own.
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    FoxxFireArt

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    #10  Edited By FoxxFireArt
    @Babs said:

    " I guess a lot of this has to do with whether or not Kirby was commissioned by Marvel (as opposed to having a contract) when he created a lot of the original art. It's unfortunate when an artist relinquishes the rights to their original work and have such a hard time obtaining royalties afterward. "

    Very much so. The contract is king in this kind of case. I do wonder if Marc Toberoff counts now as a comic book chaser?
    Some of the characters this lawsuit seems to include aren't sole property of Kirby. What of Stan Lee's involvement in the creation of some of those heroes. Some of those fall under Stan Lee's concept.
     
     "Drawing the Marvel Way?" is the first drawing tip book I ever owned, but a lot has changed in comics since then. It's a great book for kids, but Marvel really needs to produce an up to date version.
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    speedlgt

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    #11  Edited By speedlgt

    the COMPANIES are NOTHING! they do nothing they should own NOTHING. the artists should be treated better than the suits that "run" a publisher. Any suit can run a publisher suits come and go they produce nothing......Artists on the other had create a world of inspiration touching the lives of millions upon millions! they are the ones that are remembered in the end. Kirby has countless images that are classic timeless and will remain so. No suit, editor, account or legal rep has nor will ever do something on that level. Look they have a job to do and they do it thats great they should make money too  but the artists should be given more than their fair share and their families should retain some rights to what was created.

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    TazzMission

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    #12  Edited By TazzMission
    @speedlgt said:

    "the COMPANIES are NOTHING! they do nothing they should own NOTHING. the artists should be treated better than the suits that "run" a publisher. Any suit can run a publisher suits come and go they produce nothing......Artists on the other had create a world of inspiration touching the lives of millions upon millions! they are the ones that are remembered in the end. Kirby has countless images that are classic timeless and will remain so. No suit, editor, account or legal rep has nor will ever do something on that level. Look they have a job to do and they do it thats great they should make money too  but the artists should be given more than their fair share and their families should retain some rights to what was created. "


    i agree but isnt it just a tad bit odd kirby decided to sue after disney bought marvel?
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    MysterioMaximus

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    #13  Edited By MysterioMaximus
    @inferiorego said:
    "Jack Kirby was the first I artist I "got into." For me, his work defines Marvel's Bronze Age and his family should be paid accordingly for it. Where would we be without his work? We would most likely still have the characters we have today (marvel-wise), but I'm pretty sure contemporary art styles would not be the same today. What about "Drawing the Marvel Way?" Much of that book is based off a bit of his work. "

    Agreed, though don't you mean the Silver Age?
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    Decept-O

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    #14  Edited By Decept-O

     As an amateur artist I can understand and appreciate the frustration an artist may have when he discovers he's not receiving total compensation, BUT when an arrangement is made, it is the responsibility of the artist to be clear how his work is going to be used and what, if any, rights may revert to him.   
     
    Sadly when Kirby entered into his relationship with Marvel, I don't think he nor many people were aware of the potential derivative profits from his work in terms of merchandise and artwork.  However Marvel was and it seems whomever was running the Marvel ship at that time took advantage of that fact and basically left Kirby standing on the dock without a boarding pass.   
     
    Its a bit confusing, admittedly, and while I admire Jack "The King" Kirby's work and always will, I fail to comprehend fully how his heirs should benefit when--and this is the hard part--the business arrangement between Marvel and Kirby was clearly defined, albeit in Marvel's favor and not Kirby's.   
     
    As Babs pointed out, there is a difference between "work-for-hire" and having a contract.  Its all in the fine print and sadly while Kirby DID lose out in many ways, I don't think his heirs should "win" anything despite the failings of Kirby's business end.  In a perfect world, yes, it'd be nice if Marvel did something on Kirby's behalf, but Kirby is long gone, and I just have problems with his heirs receiving anything.  
    I hope that doesn't make me seem like a jerk and I WANT to side with the artist's family but in all logic I just can't.
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    inferiorego

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    #15  Edited By inferiorego  Staff
    @MysterioMaximus said:
    " @inferiorego said:
    "Jack Kirby was the first I artist I "got into." For me, his work defines Marvel's Bronze Age and his family should be paid accordingly for it. Where would we be without his work? We would most likely still have the characters we have today (marvel-wise), but I'm pretty sure contemporary art styles would not be the same today. What about "Drawing the Marvel Way?" Much of that book is based off a bit of his work. "
    Agreed, though don't you mean the Silver Age? "
    oops, yes I meant that.Thanks for bringing that to my attention
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    Psychotime

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    #16  Edited By Psychotime
    @Dr. ? man said:
    "  I know the general consensus is, "Well, the Kirby heirs didn't contribute to the creation of the Marvel characters, so why should they receive any compensation from it?" Well, the heirs to Bob Kane is being compensated for his contributions for creating Batman (although technically by his own admission, Bill Finger was as much a creator to Batman as he was, so he should be recognized as the co creator), so why shouldn't the same be set for the Kirby heirs?   Let's face it, Marvel (as well as DC and practically every other comic book publisher) is a business first and they're not going to look out for the little guy. I believe that Jack Kirby would want his family to be compensated from his blood, sweat and tears. I know it's easy for anyone to say, "Well, the Kirby heirs are being greedy" but what exactly was Marvel being when they didn't extend the olive branch to Jack Kirby regarding the profits that his characters were accumulating? "
    Agreed.
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    Anderson: Agent of SMITH

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    @TazzMission said:
    "@speedlgt said:

    "the COMPANIES are NOTHING! they do nothing they should own NOTHING. the artists should be treated better than the suits that "run" a publisher. Any suit can run a publisher suits come and go they produce nothing......Artists on the other had create a world of inspiration touching the lives of millions upon millions! they are the ones that are remembered in the end. Kirby has countless images that are classic timeless and will remain so. No suit, editor, account or legal rep has nor will ever do something on that level. Look they have a job to do and they do it thats great they should make money too  but the artists should be given more than their fair share and their families should retain some rights to what was created. "

    i agree but isnt it just a tad bit odd kirby decided to sue after disney bought marvel? "

    The dispute has been going on since Kirby worked at Marvel decades ago,  and the dude's been dead for 15 years now, so it's too late for him to actually spend the money he gets. Nonetheless, give Kirby what is due to him. Now that Disney owns Marvel, they have less of an excuse (although, has the deal even been settled yet? Did I miss it?).  
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    TazzMission

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    #18  Edited By TazzMission
    @Anderson: Agent of SMITH said:
    "@TazzMission said:
    "@speedlgt said:

    "the COMPANIES are NOTHING! they do nothing they should own NOTHING. the artists should be treated better than the suits that "run" a publisher. Any suit can run a publisher suits come and go they produce nothing......Artists on the other had create a world of inspiration touching the lives of millions upon millions! they are the ones that are remembered in the end. Kirby has countless images that are classic timeless and will remain so. No suit, editor, account or legal rep has nor will ever do something on that level. Look they have a job to do and they do it thats great they should make money too  but the artists should be given more than their fair share and their families should retain some rights to what was created. "

    i agree but isnt it just a tad bit odd kirby decided to sue after disney bought marvel? "
    The dispute has been going on since Kirby worked at Marvel decades ago,  and the dude's been dead for 15 years now, so it's too late for him to actually spend the money he gets. Nonetheless, give Kirby what is due to him. Now that Disney owns Marvel, they have less of an excuse (although, has the deal even been settled yet? Did I miss it?).   "

    all im saying is why file now after the 4 billion buy out? and plus didnt marvel say disney is only doing animated films? im not saying kirby dosent deserve royalties i believe he or the family who filed does
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    joshmightbe

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    #19  Edited By joshmightbe
    @TazzMission:
    i believe they should get royalties but they should not be treated as if theyre owed something kirby was great and deserves all the credit in the world and shouldnt be used by his heirs to make a quick buck they didnt create anything he did marvel should keep paying the royalties but they dont owe his heirs anything if they want a peice of marvel they should get off their lazy asses and create something themselves why should fans suffer so spoiled kids can get more off the work of others
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    konshu101

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    #20  Edited By konshu101

    I'm not sure about this one. If Kirby's beef with Marvel has been going on since he worked for them it could be argued that his heirs are just carrying on the fight. However (as already stated) the timing of this particular move is a little suspect. With the Disney buyout it makes me wonder who else is going to pop up wanting a piece of the pie. Regardless of the contract Kirby signed, in an ideal world it would have been cool if Marvel had just given the man his work back. For his contribution and influence on the media alone. Unfortunately things don't work like that in the real world. A businness will always be a business. Individuals are very rarely considered. This should have been sorted while he was alive.
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    Bruce Vain

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    #21  Edited By Bruce Vain

    So I'm curious if the Kirby Estate is going against Marvel over the rights of his creations. Will they soon be going against DC for his New Gods creations? Or not? Or did DC give him a better deal & had a better relationship with them than he did with Marvel ?
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    Media_Master

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    #22  Edited By Media_Master

    I wonder how this will go for Mr. Kirby..

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    Marshal Victory

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    #23  Edited By Marshal Victory
    @Bruce Vain said:

    "So I'm curious if the Kirby Estate is going against Marvel over the rights of his creations. Will they soon be going against DC for his New Gods creations? Or not? Or did DC give him a better deal & had a better relationship with them than he did with Marvel ? "


    i was wondering this as well . theirs a few other characters he had a hand in to.http://en.wikipedia.org/wiki/Guardian_(DC_Comics) for example.
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    jakob187

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    #24  Edited By jakob187

    Stan Lee had a hand in making those characters as well, and from what I've understood for all these years, Kirby was not under contract when he was making those characters.  He was commissioned, and he received that pay.  Maybe I'm wrong in all that, and if Kirby did have a contract, then the family absolutely does deserve the money. 
     
    Look, I can agree with inferiorego's ideals just as much as the next man:  without Kirby's work, where would these characters be?  At the same time, without Stan Lee, where would these characters be?  The sentimentality of Kirby's work to comic book fans is one thing, but the legal aspects of it all is another.  I think, idealistically and morally, Kirby's estate should see money for those as well as a release of Kirby's artwork.  However, legally...that just may not be the case.  It's sad, but it's life.

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    LP

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    #25  Edited By LP
    @konshu101 said:
    " I'm not sure about this one. If Kirby's beef with Marvel has been going on since he worked for them it could be argued that his heirs are just carrying on the fight. However (as already stated) the timing of this particular move is a little suspect. With the Disney buyout it makes me wonder who else is going to pop up wanting a piece of the pie. Regardless of the contract Kirby signed, in an ideal world it would have been cool if Marvel had just given the man his work back. For his contribution and influence on the media alone. Unfortunately things don't work like that in the real world. A businness will always be a business. Individuals are very rarely considered. This should have been sorted while he was alive. "
    Agreed.

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