Michael Cieply, New York Times; Court Ruling Says Marvel Holds Rights, Not an Artist:
"The ruling, by Judge Colleen McMahon of the United States District Court for the Southern District of New York, declares comics and characters created by Mr. Kirby — who helped give birth to the Fantastic Four, the Incredible Hulk and the X-Men, all of which now underlie valuable movie series — were works for hire under the Copyright Act of 1909, and cannot be reclaimed by the Kirby family."
Issues and developments related to Intellectual Property (e.g. Copyright, Fair Use, Patents, Trademarks, Trade Secrets) and Open Movements (e.g. Open Access, Open Data, Open Educational Resources (OER)), examined in the "Intellectual Property and Open Movements" and "Ethics of Data, Information, and Emerging Technologies" graduate courses I teach at the University of Pittsburgh School of Computing and Information. -- Kip Currier, PhD, JD
Showing posts with label Judge Colleen McMahon. Show all posts
Showing posts with label Judge Colleen McMahon. Show all posts
Sunday, July 31, 2011
Thursday, July 28, 2011
Marvel Wins Copyrights Over Kirby Heirs; ComicBookResources.com, 7/28/11
ComicBookResources.com; Marvel Wins Copyrights Over Kirby Heirs:
"The decision is an undeniable victory for Marvel and their new parent company Disney who can now move forward with exploitation of the properties in full faith that they control all rights to the Marvel Universe. CBR legal expert Michael L. Lovitz of Lovitz IP Law put it this way: "Essentially, the Kirby heirs were unable to overcome the presumption that the works were 'work-for-hire' because they were created at Marvel's instance and expense.""
"The decision is an undeniable victory for Marvel and their new parent company Disney who can now move forward with exploitation of the properties in full faith that they control all rights to the Marvel Universe. CBR legal expert Michael L. Lovitz of Lovitz IP Law put it this way: "Essentially, the Kirby heirs were unable to overcome the presumption that the works were 'work-for-hire' because they were created at Marvel's instance and expense.""
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