From the files of “Completely Misreading The Situation,” Jack Kirby’s heirs have taken their never ending lawsuit against Marvel Comics to the Supreme Court. Yes, the same Court that said corporations are people (when it comes to benefits of citizenship, not responsibility) and gave those same corporate "people" religious authority over the healthcare of their employees.
(If corporations are people, wouldn’t that make employees parasites, or, at the very least, symbiotes?)
With that in mind, of course the Kirbys thought this Court the obvious place to take a grievance that, basically, boils down to an individual’s right of ownership over that of a corporation. For their part, Marvel filed papers Monday that called the heirs case meritless and claimed that no previous decision falls under any of the Court’s documented reasons for hearing an appeal. From CBR:
It implicates no circuit split, no judicial taking, no due process violation, and no grave matter of separation of powers.
Kirby’s heirs argue:
[…], that the legendary artist’s contributions to the publisher between 1958 to 1963 — among them, the X-Men, the Avengers, the Fantastic Four and the Incredible Hulk — weren’t produced as “work for hire” and, therefore, are subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim rights transferred before 1978.
This is, of course, disputed by both Marvel and Disney:
[…] saying Kirby’s output was indeed work for hire, a position supported in 2011 by a federal judge and last year by the Second Circuit Court of Appeals.
Blah blah blah – we all know this story already...
Yea, I'm going to stop here and not post the rest of what I wrote...just go ahead and discuss this amongst yourselves.
other relevant quotes:
the publisher reiterated that Stan Lee “supervised the creation of Kirby’s work from conception to publication,” providing a plot synopsis and retaining the authority to approve the art or seek revisions; Kirby was also paid a page rate.
Kirby himself repeatedly confirmed that Marvel owned all the rights to the work.
That's it, I'm out.
Enjoy the same argument for the 67th time.