ForgotPassword?
Sign Up
Search this Topic:
Forum Jump
Posts: 673
Jul 29 11 10:13 AM
sfcityduck wrote: On the facts, I don't think there can be much dispute that the works were created at Marvel's initative as Kirby was given assignments. But, I think the question of whether the works were created at Kirby's expense is a closer question. The Court rejected the argument that Kirby did bear considerable risk in creating the works in question because Marvel retained the right to reject any and all pages he produced and not pay for them, and in fact did not refuse some pages. Instead, the Court concluded that Marvel bore the risk of the creation of the works because Marvel paid Kirby for pages it accepted and bore the risk that the comics that they were used to produce would not sell. This is a very interesting distinction, and I'm curious what an experienced IP attorney would think about this line drawing. The practical effect of this decision is to convert all work by independent contractors who work on a per page basis into work for hire, even though the independent contractor may bear a substantial risk that his client will not pay for the assignment he has been given.
Share This