Appeals court upholds Warner Bros.’ Superman rights; ComicBookResources.com, 2/11/16

Kevin Melrose, ComicBookResources.com; Appeals court upholds Warner Bros.’ Superman rights:

"A federal appeals court has again sided with DC Comics and Warner Bros. in the long-running feud over the rights to the Man of Steel.

As first reported by THR, Esq., the Ninth Circuit Court of Appeals on Wednesday upheld a 2013 ruling that the heirs of Superman co-creator Jerry Siegel relinquished their claim to the character in a 2001 settlement with DC, and therefore are not able to terminate the copyright.

This legal dispute has proved as resilient as the Man of Steel, so we won’t label this a “definitive judgment.” However, the Siegel family would appear to have few options left beyond a petition to the U.S. Supreme Court. For now at least, Superman remains in the hands of Warner Bros. and DC."

Frank Foster, Jazz Saxophonist And Arranger, Has Died; NPR's Morning Edition, 7/26/11

NPR's Morning Edition; Frank Foster, Jazz Saxophonist And Arranger, Has Died:

"Foster had given away many of his publishing rights in youthful ignorance, which deprived him of substantial royalty payments over the years.

Last year, a team from Rutgers School of Law helped him win back his rights to collect royalties for his compositions, including "Shiny Stockings." Now, the family Frank Foster worried about for so many years will finally be able to collect on the fruits of his legacy.

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More Frank Foster stories at NPR Music:
In 2010, Foster finally won back the copyright for "Shiny Stockings," among other tunes. A Blog Supreme also posted when he finally signed the paperwork."

Marvel Superheroes and the Fathers of Invention; New York Times, 6/25/11

Brent Staples, New York Times; Marvel Superheroes and the Fathers of Invention:

"Courts have already granted a share of the copyright for Superman to the heirs of a co-creator, and sided with Captain America’s creator in another copyright fight. These cases are small fry compared with the battle now being waged between Marvel and the heirs of the legendary comic artist Jack Kirby, who breathed life into such pop culture icons as the X-Men, the Incredible Hulk, Iron Man, the Fantastic Four, Spider-Man, Thor and the Silver Surfer."

EXCLUSIVE: 'Superman' Lawsuit Delay Lifted; Depositions of Siegel and Shuster Families to Begin Immediately; Hollywood Reporter, 11/17/10

Matthew Belloni, Hollywood Reporter; EXCLUSIVE: 'Superman' Lawsuit Delay Lifted; Depositions of Siegel and Shuster Families to Begin Immediately:

"The Nov. 16 order is the latest in the cartoonishly nasty battle between Warners and the Superman heirs over rights to the lucrative character. After a judge ruled a few years back that the studio might lose certain copyrights associated with the Man of Steel, Warners sued Marc Toberoff, the attorney for the families, claiming he improperly convinced them to back out of deals and terminate their copyright assignments relating to Superman."

http://www.hollywoodreporter.com/blogs/thr-esq/superman-lawsuit-delay-lifted-depositions-46688

Kirby family attorneys respond to Marvel lawsuit; ComicBookResources.com, 1/9/10

Kevin Melrose, ComicBookResources.com; Kirby family attorneys respond to Marvel lawsuit:

"Attorneys for the heirs of Jack Kirby call Marvel's assertion that the late artist's contributions were work made for hire "a standard claim predictably made by comic book companies to deprive artists, writers and other talent of all rights in their work."

The statement comes in response to a lawsuit filed Friday by Marvel asking for a judge to invalidate 45 copyright-termination notices issued in September related to such creations as the Fantastic Four, the Incredible Hulk, Thor, The Avengers, the X-Men and Spider-Man.

Marvel maintains that Kirby's work for the company was "for hire," invalidating the claims of his four children.

However, a press release issued late Friday by Kirby attorneys Toberoff & Associates points out that Marvel was unsuccessful when it made a similar argument in its legal battle with Joe Simon concerning Captain America.

"The truth is that Jack Kirby was his own man," the release states. "Like so many artists in the fledgling comic book industry of the late 1950's/early 1960's, Kirby worked with Marvel out of his own house as a free-lancer with no employment contract, no financial or other security, nor any other indicia of employment. ... Kirby's wonderful creations, which leapt from the page, were not Marvel's 'assignments,' but were instead authored by Kirby under his own steam and then published by Marvel. It was not until 1972 that Kirby by contract granted Marvel the copyrights to his works. It is to this grant that the Kirby family's statutory notices of termination apply."

According to Toberoff & Associates, the Kirby terminations would become effective beginning in 2014. However, it's unclear to which property that date refers. (What notable Kirby co-creations debuted at Marvel in 1958?)

When Congress increased the duration of copyright, lawmakers included a provision that, after a lengthy waiting period, permits authors or their heirs or estates to terminate the grant of rights. However, if the property is determined to be "work made for hire," the copyright would belong to the company that commissioned it."

http://robot6.comicbookresources.com/2010/01/kirby-family-attorneys-respond-to-marvel-lawsuit/