Marvel and Disney's ownership of major characters like Spider-Man, Doctor Strange, and Thor is being challenged by the estates of the individuals that originally created them, but do those individuals have the right to terminate decades-old agreements?
The answer may turn entirely on a court's interpretation of a law written in 1909, and what exactly it meant for each creator to participate in the "Marvel Method".
To Heir is Human, to Terminate Devine...in Virtual Legality.
#Marvel #Copyright #Disney
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PATREON - https://www.patreon.com/VirtualLegality
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CHAPTERS
00:00 Introduction
01:03 The Controversy
06:43 What is Work Made for Hire?
08:54 Terminating Assignments
14:35 The Marvel Lawsuit
15:58 1909 and The Marvel Method (Kirby)
20:53 Instance and Expense
28:30 Conclusion
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Discussed in this Episode:
"Marvel Sues to Block Heirs From Reclaiming Spider-Man, Doctor Strange Copyrights"
Variety - September 24, 2010
https://variety.com/2021/film/news/spider-man-captain-america-marvel-copyrigh-termination-1235072997/
"Contempt of Court?! Did Destiny's Composer Steal His Own Music? (VL541)"
YouTube Video - September 17, 2021 - Hoeg Law
https://youtu.be/tT6AnLMbPaM
"Works Made for Hire"
Copyright Office Circular
https://www.copyright.gov/circs/circ09.pdf
Form of Consulting Agreement
SEC EDGAR Database
https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm
"Duration of copyright: Subsisting copyrights"
17 USC 304
https://www.law.cornell.edu/uscode/text/17/304
"Termination of transfers and licenses granted by the author"
17 USC 203
https://www.law.cornell.edu/uscode/text/17/203
Marvel Characters, Inc. v Ditko
Complaint for Declaratory Relief - Filed September 24, 2021
https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjokqnzpr/IP%20MARVEL%20COPYRIGHT%20ditkocomplaint.pdf
Works Made for Hire under the 1909 Copyright Law
Copyright Office Leaflet (2005)
https://copyright.gov/comp3/chap2100/doc/appendixE-madeforhire.pdf
Marvel Characters, Inc. v. Kirby
726 F.3d 119 (2d Cir. 2013)
https://casetext.com/case/marvel-characters-inc-v-kirby
"Steve Ditko's Role in the Creation of the 'Marvel Method'"
CBR Website - August 28, 2018
https://www.cbr.com/steve-ditko-stan-lee-marvel-method/
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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Twitter: @hoeglaw
Web: hoeglaw.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
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