The heirs of artist Jack Kirby have appealed their case to the U.S. Supreme Court, arguing that the 2nd Circuit Court of Appeals, which ruled against them in August (see "Appeals Court Rules Against Kirby Heirs'), "unconstitutionally appropriated Kirby’s valuable copyrights and gave them outright to Marvel, effecting a transfer of wealth on a massive scale," according to Law 360 via Robot 6.
The full Second Circuit Court upheld a decision by Judge Colleen McMahon that the termination notices sent out by the Kirby heirs in 2010 were not valid, and that Kirby’s work for Marvel was work for hire.
The appeal argues that the way the appeals court applied the "instance and expense test," which looks at how much influence the company had in the creation of the work, was overbroad, suggesting that it was important that the high court rule because so many copyright cases pass through the Second Circuit.
The Kirby heirs are represented by attorney Marc Toberoff, who also represents the Siegel and Schuster heirs in their dispute with DC over the rights to Superman.
To Reverse Decision
Posted by ICv2 on April 4, 2014 @ 1:54 am CT
MORE GAMES
'Death Korps of Krieg,' Also, New 'Astra Militarium Codex'
November 22, 2024
Games Workshop unveiled Death Korps of Krieg boxed set, for Warhammer 40,000.
First Graphic Novel Coming in Mid-2025
November 22, 2024
The first graphic novel adaptation is slated for release in mid-2025.
MORE COMICS
From Marvel Comics
November 22, 2024
Mark Brooks' Animated-Style variant covers grace select Marvel comics starting in February.
Plus: Mothra Gets First Solo Series
November 22, 2024
IDW Publishing will launch the first-ever Mothra series in 2025.