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    Jack Kirby

    Person » Jack Kirby is credited in 3373 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.

    Marvel Sues Over Rights Of Spider-Man, X-Men, FF4

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    No_Name_

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    Edited By No_Name_

    What a way to start the new year!


     Do you feel the love?
     Do you feel the love?
    Copyright can be a major problem, especially when it comes to comic book characters. We heard a lot of news regarding the rights of ownership of Superman late last year, and it seems that we will be starting the new year in a very similar way. According to a report by the Associated Press, Marvel is suing the heirs of the Jack Kirby estate over the rights Spider-Man, Fantastic Four, and the X-Men.

    The federal lawsuit filed Friday in Manhattan by Marvel Worldwide Inc. asks a judge to invalidate 45 notices sent by the heirs of artist Jack Kirby to try to terminate Marvel's copyrights, effective on dates ranging from 2014 through 2019.

    This is possibly a  result of the lawsuit the heirs of Kirby's estate had filed late last year claiming the copyrights on the projects that the late artist had worked on between the years 1958 and 1963 should revert back to the Kirby Estate.  Marvel claims the work was "for-hire." By filing the suit, Marvel Entertainment, a subsidiary of The Walt Disney Co., is trying to prevent the Kirby notices from having any real effect.

    No Caption Provided
    I am a bit skeptical over the idea that the claims the Kirby estate have made would have any real effect anyway since the "work for hire" portion of the Copyright Act (Title 17) did not go into effect until 1976. Since the the Kirby Estate filed regarding work for hire between 1956-1963, is Kirby protected for those years? We saw the same issue brought up in the Superman dispute between DC and the Jerry Siegel estate

    According to the report, Marvel could potentially lose out on " Amazing Adventures," " Amazing Fantasy," " Amazing Spider-Man," " The Avengers," the " Fantastic Four," " Fantastic Four Annual," " The Incredible Hulk," " Journey into Mystery," " Rawhide Kid," " Sgt. Fury and His Howling Commandos," " Strange Tales," " Tales to Astonish," " Tales of Suspense" and " The X-Men."


    Do you think the Kirby Estate should gain the rights to these concepts and characters?
     

    Update:


    The Kirby heirs reply:

    "The truth is that Jack Kirby was his own man," the release states. "Like so many artists in the fledgling comic book industry of the late 1950's/early 1960's, Kirby worked with Marvel out of his own house as a free-lancer with no employment contract, no financial or other security, nor any other indicia of employment. ... Kirby's wonderful creations, which leapt from the page, were not Marvel's 'assignments,' but were instead authored by Kirby under his own steam and then published by Marvel. It was not until 1972 that Kirby by contract granted Marvel the copyrights to his works. It is to this grant that the Kirby family's statutory notices of termination apply."

    Is this saying that since he was his "own man," it doesn't matter if he was doing "work-for-hire"?
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    danhimself

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    #1  Edited By danhimself

    money grubbers

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    Chane

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    #2  Edited By Chane

    Interesting... 
     
    Which X-Men are they after?  
    Cyclops, Iceman, Beast, Angel, Marvel Girl, Xavier and the villians from the early books I guess.

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    defaultdefaultdefault

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    @danhimself said:
    " money grubbers "
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    Decept-O

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    #4  Edited By Decept-O

     
    In a perfect world, yes, it'd be nice if the Kirby heirs received something BUT did they help create anything?  NO.  Jack Kirby did.  They really shouldn't attempt to claim anything but I guess $ talks.  Hard to say what anyone would do if they were the Kirby heirs.   
     
    I mean, if an architect creates the design and blueprints for a building, do his heirs automatically receive any profit years later?  I rather think not, because the architect was involved in a contract which was work-for-hire.   
     
    May sound mean, but in this instance, the corporate entity of Marvel/Disney has this case in their favor, despite any emotions involved for Jack Kirby.  

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    danhimself

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    #5  Edited By danhimself
    @Decept-O said:
    " In a perfect world, yes, it'd be nice if the Kirby heirs received something BUT did they help create anything?  NO.  Jack Kirby did.  They really shouldn't attempt to claim anything but I guess $ talks.  Hard to say what anyone would do if they were the Kirby heirs.    I mean, if an architect creates the design and blueprints for a building, do his heirs automatically receive any profit years later?  I rather think not, because the architect was involved in a contract which was work-for-hire.    May sound mean, but in this instance, the corporate entity of Marvel/Disney has this case in their favor, despite any emotions involved for Jack Kirby.   "

    agreed
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    Winduizcool

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    #6  Edited By Winduizcool

    Disney buying Marvel was the worst decision ever. Wolverine teams up with Bambi. Iron Man falling in love with Snow White. Thor trades his hammer for Aladdin's lamp. The world is doomed.

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    Stormultt

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    #7  Edited By Stormultt
    @Winduizcool said:
    "Disney buying Marvel was the worst decision ever. Wolverine teams up with Bambi. Iron Man falling in love with Snow White. Thor trades his hammer for Aladdin's lamp. The world is doomed. "

    I disagree but i'll go onto say marvel is making a god decision because once all characters are under marvel's roof they can do much more. 
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    No_Name_

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    #8  Edited By No_Name_
    @Winduizcool said:
    " Disney buying Marvel was the worst decision ever. Wolverine teams up with Bambi. Iron Man falling in love with Snow White. Thor trades his hammer for Aladdin's lamp. The world is doomed. "
    *Face palms* This has nothing to do with this article.
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    InnerVenom123

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    #9  Edited By InnerVenom123
    @Winduizcool said:
    "Disney buying Marvel was the worst decision ever. Wolverine teams up with Bambi. Iron Man falling in love with Snow White. Thor trades his hammer for Aladdin's lamp. The world is doomed. "

    If you're serious, you've made a terrible, unlikely(Since Disney uh.... LIKES money.) point. If you're joking, congrats, I lol-ed.
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    CellphoneGirl

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    #10  Edited By CellphoneGirl

    People need to care less about money, hey just like every other person out there i would love to have a lot of money too, but seriously some people get way out of hand about it >.>

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    castleking

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    #11  Edited By castleking
    if all they want is the original X  men  then i say take them good riddance.... jean is dead most of the time no loss... scott only seems to be semi interesting when jean is alive and he is a prick. take him....
     
    iceman i hardly ever see him ill miss him but i can get over it. beast, hasnt nb anything interesting with him since he broke up with his news broadcast girlfriend.  and angel i dont like him ever.... 
     
    i would miss the 1st family. but none of that is going to happen anyways...
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    Mr. Hellfire

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    #12  Edited By Mr. Hellfire

    Would they only get the X-Men and the villains Kirby created? Because to be honest, Wolvie, Emma Frost, Apocalypse, Deadpool, Jubilee, Cable, Bishop, Gambit, Storm, Nightcrawler, Psylocke, Pitor, and most of the other fan favorite X-Men characters came well after Kirby's run. So ya know what? Let the Kirby's have em. Marvel can certainly make due without them.
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    castleking

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    #13  Edited By castleking
    this is just ambulance chasers lawyers whispering in the families ears and they are stupid enough to listen.   se habla esponel
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    Mutant X

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    #14  Edited By Mutant X
    Just don't take Spidey away!!
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    joshmightbe

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    #15  Edited By joshmightbe

    jack kirby didnt create spidey that was stan lee and steve ditko

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    castleking

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    #16  Edited By castleking
    did jack kirby draw spidey a couple of times? yes, does that mean theyown him? no.
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    Stormultt

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    #17  Edited By Stormultt
    @Mr. Hellfire said:
    "Would they only get the X-Men and the villains Kirby created? Because to be honest, Wolvie, Emma Frost, Apocalypse, Deadpool, Jubilee, Cable, Bishop, Gambit, Storm, Nightcrawler, Psylocke, Pitor, and most of the other fan favorite X-Men characters came well after Kirby's run. So ya know what? Let the Kirby's have em. Marvel can certainly make due without them. "

    I'm certain.
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    joshmightbe

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    #18  Edited By joshmightbe

    stan lee should have equal say in the rights given that he did co create them no disrespect to kirby but stan did come up with the concepts

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    Bandito

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    #19  Edited By Bandito

    What is Kirby's legal claim to Spider-Man?  Spider-Man's creation is credited to Stan Lee and Steve Ditko.  If Jack Kirby's heirs can claim rights to Spidey, I think anybody here should, too.

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    castleking

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    #20  Edited By castleking
    damn right, i claim rights to wolverine, Gambit and deadpool since they were all based on me..
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    Mr. Hellfire

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    #21  Edited By Mr. Hellfire
    @Stormultt:
    Yeah. I mean as long as they retain the rights to the name X-Men (I doubt the Kirbys would be able to try to say it belongs to them) and all the other popular characters, it's no big loss.  
     
    Though if they did win the characters, I'm wondering if they would lease them to Marvel like DC is doing with the Archie and Milestone heroes.
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    joshmightbe

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    #22  Edited By joshmightbe
    @Bandito:
    kirby has no more right to spiderman than any other artist whose drawn him if ditko or lee want to sue for him no prob but since kirby was no part of the creation theres no reason his heirs should have any rights to him
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    Bandito

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    #23  Edited By Bandito

    And I claim rights to Comet the Super-Horse, because I see big screen potential for that equine in the future.

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    joshmightbe

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    #24  Edited By joshmightbe
    @Bandito:
    then im takin beppo the supermonkey
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    AtPhantom

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    #25  Edited By AtPhantom

    Spiderman? I didn't know Kirby had anything to do with Spiderman, apart from possibly inspiring it...

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    Mr. Hellfire

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    #26  Edited By Mr. Hellfire
    @AtPhantom:

    You talking about Kirby's The Fly?
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    joshmightbe

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    #27  Edited By joshmightbe
    @AtPhantom:
    superman was the inspiration for most other superheros so should simon and shuster(i know i misspelled that) get money for all the superhero comics in the world
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    CellphoneGirl

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    #28  Edited By CellphoneGirl

    Spidey and FF are my main concerns :[

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    Bandito

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    #29  Edited By Bandito
    @joshmightbe: According to their legal representatives: Yes.
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    joshmightbe

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    #30  Edited By joshmightbe
    @xxCellPhoneGirlxx:
    kirby has no legitimate claim to spiderman
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    Bandito

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    #31  Edited By Bandito

    Okay, so clearly we're all missing something.  Is the Spider-Man portion of this article inaccurate?  Or do Kirby's heirs and reps not know what he created?  Why aren't Hulk and Thor and Captain America mentioned?

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    joshmightbe

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    #32  Edited By joshmightbe
    @Bandito:
    cause they dont make as much money as spidey
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    No_Name_

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    #33  Edited By No_Name_
    @Bandito said:
    " Okay, so clearly we're all missing something.  Is the Spider-Man portion of this article inaccurate?  Or do Kirby's heirs and reps not know what he created?  Why aren't Hulk and Thor and Captain America mentioned? "
    Maybe because Kirby didn't work on those characters during the years mentioned above when he was considered 'work for hire'?
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    Bandito

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    #34  Edited By Bandito
    @joshmightbe: Fair enough. 
     
    Actually, re-reading the article, it's Marvel suing the Kirby estate... which means Kirby DOES own Spider-Man or Marvel thinks he does.  This is perplexing.  On the other hand, I've already lost interest. 
     
    Edit: Scratch that.  I can't tell who's suing whom. 
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    joshmightbe

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    #35  Edited By joshmightbe
    @castleking:
    honestly by that logic i used to work at mcdonals so does that mean i can sue for rights to the big mac
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    Mr. Hellfire

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    #36  Edited By Mr. Hellfire
    @Babs:
    That does seem perplexing. It's weird to think that they did enough homework to see that they had no chance with any of the Avengers Kirby created, yet they think he created Spider-Man? 
     
    And does anyone know if they've gone after DC for any of the New Gods or the Guardian?
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    castleking

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    #37  Edited By castleking
    @joshmightbe said:
    " @castleking: honestly by that logic i used to work at mcdonals so does that mean i can sue for rights to the big mac "
    what logic are u referring to?
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    Bandito

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    #38  Edited By Bandito
    @Babs:  
    Between '58 and '63?  Thor and Hulk were both created in 1962.  Or do you mean between '63 and '76?
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    joshmightbe

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    #39  Edited By joshmightbe
    @Mr. Hellfire:
    true arent all the new gods and darksied kirby creations
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    joshmightbe

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    #40  Edited By joshmightbe
    @castleking:
    that if he drew spidey he can claim ownership even tho he didnt create him
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    castleking

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    #41  Edited By castleking
    @joshmightbe said:
    " @castleking: that if he drew spidey he can claim ownership even tho he didnt create him "
    thats not what i said.  -_-
     
    i said just b/c he drew spidey doesnt mean he owns him.... i asked questions that i then answered. they were rhetorical
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    Mr. Hellfire

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    #42  Edited By Mr. Hellfire
    @joshmightbe:
    Yup. Mr. Miracle, the Furies, Big Barda, Granny Goodness, the Guardian, Shilo Norman, OMAC, the Sandman, and Darkseid are all Kirby creations.
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    castleking

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    #43  Edited By castleking
    give them Darkseid, put him to rest.
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    joshmightbe

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    #44  Edited By joshmightbe
    @castleking:
    i know i was being sarcastic
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    No_Name_

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    #45  Edited By No_Name_
    @Bandito said:

    " @Babs:  Between '58 and '63?  Thor and Hulk were both created in 1962.  Or do you mean between '63 and '76? "

    The lawsuit only deals with the years mentioned in the article above where Kirby was considered 'work for hire,' (1956-1963).
    I actually don't know why they aren't suing for the rights to HULK, for example, since Kirby did work on the comic that contained the character's first appearance, at least according to CV. I am sure that there is some clause that prevents the Kirby Estate from filing for the rights to that character, however. Perhaps the contract Kirby had with Marvel for the HULK book was different? Who knows. This just happened today so I am sure that next week we will hear more about it.
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    Bandito

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    #46  Edited By Bandito
    @Mr. Hellfire: Also Etrigan the Demon and the Challengers of the Unknown. 
     
    Hey--the Challengers and the Fantastic Four!  Kirby's estate should sue Kirby for ripping himself off.
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    joshmightbe

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    #47  Edited By joshmightbe
    @Babs:
    im just confused as to why spiderman is part of it
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    Bandito

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    #48  Edited By Bandito
    @Babs said:
    " @Bandito said:

    " @Babs:  Between '58 and '63?  Thor and Hulk were both created in 1962.  Or do you mean between '63 and '76? "

    The lawsuit only deals with the years mentioned in the article above where Kirby was considered 'work for hire,' (1956-1963).
    I actually don't know why they aren't suing for the rights to HULK, for example, since Kirby did work on the comic that contained the character's first appearance, at least according to CV. I am sure that there is some clause that prevents the Kirby Estate from filing for the rights to that character, however. Perhaps the contract Kirby had with Marvel for the HULK book was different? Who knows. This just happened today so I am sure that next week we will hear more about it. "
    Well that all just sounds way too logical.
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    No_Name_

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    #49  Edited By No_Name_
    @joshmightbe said:

    " @Babs: im just confused as to why spiderman is part of it "

    Probably because he was one of the artists on Amazing Spider-Man (including the first issue). It also says on his page that he designed the costume? Although I don't know how accurate that is.
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    Bandito

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    #50  Edited By Bandito
    @joshmightbe said:
    "im just confused as to why spiderman is part of it "
    Maybe Kirby and Ditko traded rights or wagered them in a high stakes poker game.  Can't you see Stan and Jack, Ditko, Sal Buscema and John Romita sitting around a smokey card table and tossing Avengers and mutants into the pot?

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