Tyler Davis
Almost two years ago, Marvel raged legal war with some of the creators that built their billion dollar superhero brand over the rights for major characters, such as Iron Man, Captain Marvel, and Thor. The creators in question were Steve Ditko, Don Heck, Gene Colan, and Don Rico, and had become the subject of legal persecution after their estates attempted to terminate their copyright interests for all the characters they co-created.
As per the Copyright Act, a creator can terminate a copyright assignment after decades based on the circumstances surrounding the attempted termination. The characters created by the men of these estates date as far back as the 1950s. However, Marvel has argued that this work was done within the bounds of ‘work-for-hire’ and as such shouldn’t be allowed to exercise the right to recapture their rights.
As of June 9th, 2023, Marvel has agreed to bring their court battles to an end with Larry Lieber and all in question besides for Steve Ditko. This was done so with prejudice, meaning that these lawsuits will not be eligible for any form of refilling. A spokesperson from Disney as well as the estates have come out to say that everyone has come to an “amicable resolution.”
While the creators having reached some sort of the resolution sounds nice, it’s historically a ploy used to keep the laws in place regarding freelance creations from changing. In 2013, the estate of ‘King of Comics’ Jack Kirby found itself in a very similar battle. Just before the case would’ve reached the Supreme Court, the two reached an end that was also described as an “amicable resolution.”
It seems almost too topical for news regarding the poor circumstances freelance comics creators find themselves in, as even here in the modern day, creators face a near consistent battle for fair treatment and better healthcare.
Many argue on the side of Marvel and their work for hire ideology being legally legitimate, but it’s that same practice that has allowed them to profit hand over fist while creators find themselves left behind at times unpaid and in states of desperation in terms with their health. Right now, there’s a a long overdue and ongoing social media movement called #ComicsBrokeMe going on, and is being used to air untold grievances about the ill-gotten practices seen within the Western comic industry.
