Thursday, September 20th 2018

Can Disney Take Down X-Men?

There have been some new developments in Jack Kirby’s estate’s battle with Marvel over copyright issues related to the X-Men franchise.  There are several issues similar to the Superman copyright snafu, including the legal team representing the family.  LegalFish has covered this case several times, but these new developments are worth revisiting the issue.

Disney, the parent company of Marvel, has officially stepped into the fray.  They are clearing their massive weight to protect their financial stake.  Disney won’t reveal that stake because they are requesting a full accounting be held off until the claims are settled.  They are also disputing Kirby’s association with the Incredible Hulk franchise and are claiming the estate has no case due the expiration of the statute of limitations.  The latter issue is clearly not one; as the recent Superman case demonstrates copyright can be assigned long after the original work is published.

It is hard to predict how these recent developments will affect the case in the long run.  Clearly the presence of corporate heavyweight Disney will have some sort of sway.  How much is still to be determined.

Posted by Becky on June 14, 2010 at 10:21am.

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