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Jack Kirby Heirs Reclaim Marvel/Disney Rights
lbalbalba writes "Heirs to comic book legend Jack Kirby sent 45 notices of copyright termination to Marvel Entertainment, prospective Marvel buyer Disney, Sony Pictures, Universal Pictures, 20th Century Fox, Paramount Pictures, and others studios that that hold licensed media rights to Marvel characters. Some rights could revert to the heirs as soon as 2014, for characters that are among the hottest in Hollywood: The Incredible Hulk, The Mighty Thor, Iron Man, Spider-Man, The Avengers, and others. Among other things the heirs' demand could cause problems for Disney's as yet unconsummated purchase of Marvel."
What should worry you is the fact that, thanks to Disney and massive amounts of bribery to congress, "copyright" now means that works don't pass into the public domain for nearly a century.
Disney, and their friends, have quite literally raped the public domain dry and given nothing back.
I can't fault Kirby's heirs for trying to regain some form of control on characters who have been treated like shit for years, but realistically, the characters themselves would be public domain by now in any sane system.
No, it shouldn't matter to you.
But it is of interest to others around here.
Believe it or not, some people who read/post here are a little on the nerdy side. And some of them read comic books.
Then there's the occasional person who just comes on to a site labeled "News for Nerds" to attempt to boast about how he's not really interested in a specific aspect of nerd subculture.
Those people are sad. They are nerds, but rather than revel in it, they are desperately trying to convince themselves they're not.
If the masses can keep you down, you're not the Ubermensch.
Don't you have that backwards? Although the ideal is to let these works become public domain upon the artist's death, the second best choice for holder of the copyrights should be the SON of the creator, not some cold soulless corporation.
But don't worry. I'm sure Marvel and Disney will ultimately win. At the end of the day the artist/singer/inventor and his family almost-always get the shaft, and the corporations almost-always win by bribing the appropriate politicians. Look at what happened to the inventor of FM Radio (bled dry in lawsuit-after-lawsuit by 1930s-era RCA until he eventually died - then they took over FM Radio for themselves).
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
I have always wondered, why exactly, because for me, comic books are for those who are literacy-challenged and/or don't have a developed fantasy.
For you, maybe. Others aren't so narrow minded, and realise that like any other expressive medium, comics can be used to cover the entire artistic range, from high art to complete crap. Only some of them "are for those who are literacy-challenged and/or don't have a developed fantasy."
Quidnam Latine loqui modo coepi?
You know. You're exactly right. It's not fair.
Just the other day, I saw a man building a wall on the outside of someone's house. I thought to myself, that wall is increasing the value of this property and indeed all the properties around it by a considerable amount. Why should that man be satisfied with just one payment. His wall could last forever. Shouldn't his creativity and hard work be rewarded during that time? The owner of that house an others nearby should pay that man a fair licence fee for his work for the rest of his life.
Your argument has further persuaded me that not only should they pay the money to the wall builder, but also to his heirs. After all, they are his family, and he was working for them while he built those walls. True, they didn't lay a brick themselves, but that doesn't mean they shouldn't be able to profit from their father's honest labour till the end of their days. And their heirs in turn should be able to enjoy the benefits. It's their moral right.
When I think how copyright has consistently delivered fresh innovation and content in the form of superheroes like Superman(1938), Batman(1939), and Spiderman(1962), I realise that the joy they ring to millions should mean financial benefit for the children, grandchildren, and great grand children of the authors. Who knows? Maybe with all the money they earn and such solid intellectual property rights, they'll go on to produce other famous superheroes who careers will last longer than most nation states. After all, copyright is the great motivator of new creative content!
May the Maths Be with you!
Maybe comic book characters are a dime a dozen, and marketing really is the most important factor in their success.
"If you want to be able to end an agreement after you make it, make that part of the agreement. Otherwise, well, you'll know better next time."
Well, Marvel entered into that contract knowing full well that the family could petition for the rights after the authors death. They knew that regardless of what they contract said, under federal law the rights they were purchasing would be for only a limited time after Kirby's death. They knew that if they wanted to continue to have those rights after his death they would have to pay for them. They knew what the copyright laws were at the time to contract was signed, and that should have been calculated into the price they were willing to pay for the rights.
Based on both parties knowledge of the copyright law, it would be unfair would to give Marvel a windfall by changing the rules that both parties entered the agreement under.