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Jul 28 11 4:37 PM
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Jul 28 11 4:39 PM
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“At the outset, it is important to state what this motion is not about. Contrary to recent press accounts and editorials …, this case is not about whether Jack Kirby or Stan Lee is the real ‘creator’ of Marvel characters, or whether Kirby (and other freelance artists who created culturally iconic comic book characters for Marvel and other publishers) were treated ‘fairly’ by companies that grew rich off the fruit of their labor. It is about whether Kirby’s work qualifies as work-for-hire under the Copyright Act of 1909…. If it does, then Marvel owns the copyright in the Kirby Works, whether that is ‘fair’ or not.”
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Jul 28 11 5:03 PM
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Jul 28 11 6:26 PM
gryphon wrote:http://www.comicbookresou...m/?page=article&id=33616 From comicbookresources with a lot more detail.
The document also goes into detail on the legal maneuverings both sides went through to make their case with Marvel taking action to strike down testimony from witnesses including Jim Steranko and Joe Sinnott and experts Mark Evanier and "Jack Kirby Collector" publisher John Morrow. While the publisher was unable to get the first hand accounts of the former witnesses stricken, the opinions of Evanier and Morrow were excluded from the final decision. The court saw fit to note that while many witnesses and defendants in the proceedings "challenged the credibility" of Stan Lee "general attacks on Lee's honesty or credibility, without more, are insufficient to raise a genuine issue of fact." In other words, no real evidence suggests that Lee or Marvel misrepresented themselves when dealing with Kirby. Overall, it was Lee's testimony as well as Steranko and Sinnott's that helped seal the case for Marvel. As direct witnesses to Marvel Editorial policy at the time, those men had the closest take to how the work was really created.
Jul 28 11 6:33 PM
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gryphon wrote:And Jim Steranko and Joe Sinnott
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Jul 28 11 7:17 PM
Jul 28 11 7:20 PM
alexarkadin wrote: gryphon wrote: And Jim Steranko and Joe SinnottThe Steranko and Sinnott declarations were in support of the Kirby estate. Marvel had asked that he be thrown out, but the judge allowed them to stand, she considered them in her decision, but they didn't outweigh Lee's first hand testimony. The judge did strike the testimony of Evanier and Morrow.
gryphon wrote: And Jim Steranko and Joe Sinnott
Jul 28 11 9:34 PM
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Jul 28 11 10:11 PM
Bronze Age
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