Marvel Suing to Keep Rights of Iron Man, Spider-Man, Thor, and Other Avengers Characters from Going to Heirs

[Tsing]

Image: Marvel Studios



Disney’s lawyers are currently working overtime following a series of termination notices that could jeopardize the media juggernaut’s ownership of key Avengers characters such as Iron Man, Spider-Man, Dr. Strange, Ant-Man, Hawkeye, Black Widow, and Thor.



The notices stem from various heirs of legendary comic creators such as Stan Lee and Steve Ditko, who are leveraging the termination provisions of copyright law to reclaim the rights to these lucrative characters. Considering the amount of money involved, it’s no surprise that Disney is doing everything in its power to prevent this from happening.



From The Hollywood Reporter:



The complaints, which The Hollywood Reporter has obtained, come against the heirs of some late comic book geniuses including Stan Lee, Steve Ditko and Gene Colan. The suits seek declaratory relief that these blockbuster...

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[Nanobot]

This is a .01% ”problem”.

 

[Brian_B]

There's two sides to every story.

On one hand, those guys (or there estates after death) all signed a contract to turn over rights. They agreed to a payout, and took it. Whatever happened after that fact was the result of Disney's investment, and Disney is entitled to a return on that investment with only whatever strings happen to be present in the contract that was signed.

On the flip side, those guys did create these things from thin air. There would be nothing for Disney if they hadn't done so, and there is a debt of legacy there that should be honored - even if it's post humously to the estate. It may not necessarily be a contractual obligation, but if nothing else it's proper out of decent respect. To cut them out entirely after executing a contract is .. legal, but cold blooded.

I've always been on the opinion that showing respect may not be always free, but it's always the right thing to do. And those investments may not have a tangible and direct return, but they are always worth it. That said, I don't know if the estates of those guys are just looking for a payout either, and the contract already provides them with something and they are just trying for a bit more because they see a lot of money out there that they feel they are entitled to.

 

[GunShot]

Anyone that brings it to woke Disney, win or lose, have my support.

 

[Stoly]

As always, it's all about the money. I'm sure this will be settled with a big fat check.

 

[Grimlakin]

There will be a fat check. The lawyer will make the lions share of it. Not to say some millions will not make it to the estates.

 

[raz-0]

Absent a contract to the contrary, the comics industry is a work for hire situation. If there were such a contract, they wouldn't be suing for copyright termination. Copyright termination doesn't get you back foreign rights, just US rights. It also doesn't get you back rights to derivative works created from the initial grant of copyright. It also doesn't get you back grants for works for hire. It would be very hard to argue that the MCU isn't all derivative work. Characters look different, dress different, have different stories, etc.

AND there is already precedent for losing such a case with DC. They got back the copyright to the specific works created and that's it. They can go publish reprints to their heart's content I guess.

I suspect they are hoping Disney will settle because of the legal cost to Disney. I think they may be very mistaken about Disney's reaction. This isn't Warner Brothers, it's the house of mouse, and in case nobody noticed, they take managing their IP and the protection thereof very, very seriously. To them this will be about the future value of the entirety of their IP. They won't blink at dropping a billion dollars to crush this, and another billion buying legislation that will disadvantage every artist estate for the next century plus.