In August of 2009, Disney poised itself to acquire Marvel Entertainment for $4 billion. The comic book company has over 5,000 of the most notable characters of all time. The deal would allow Disney to use the likeness of those characters to create “movies, TVshows, Internet properties, theme park attractions, videogames, toys, licensed merchandise and, of course, comic books” and Marvel to “[gain] the marketing and distribution muscle to turn its characters into bigger brands.”

However, Disney’s acquisition of Marvel Entertainment won’t be immediate or easy. The late comic book artist Jack Kirby co-created some of the most memorable characters in comic book history with writer and editor Stan Lee. Now, Kirby’s family is working with Los Angeles law firm Toberoff & Associates, the same firm that helped restore a share of the Superman copyright to the heirs of the character’s creator. Kirby’s four children have filed a notice of copyright termination for 45 characters, which would make them “eligible for rights to the intellectual property in stages, with the Fantastic Four becoming available in 2017, then the Hulk in 2018 and the X-Men in 2019.”

The New York Times reported that the window to serving a notice of termination opened a few years ago, but Disney’s pending acquisition may have motivated those with claims to Marvel property to pose a challenge. Under copyright laws, “the author or his heirs can begin a process to regain copyrights for a period of time after the original grant.” If Kirby’s family gains the copyright to a character, then they could be entitled to a share of profits and have the ability to sell the rights of that character without the consent of any of the entities that have previously licensed Marvel properties.

Sifting through copyright law and ensuring all parties involved are justly compensated is just apart of what it takes for the typical movie-goer to enjoy their favorite comic book hero or villain on screen. Once the legal measures have been clearly defined, I’m sure that we’ll see more of our favorite characters in films and global branding campaigns. Nevertheless, it should be interesting to see if the Kirby family’s claim slows or halts Disney’s acquisition of Marvel Entertainment.

Posted by Adrienne on September 23, 2009 at 3:03 pm.