In the lawsuits, Marvel argues that the characters were created under"work for hire" arrangements, and that the heirs have no valid claim to the copyrights. Photo: Marvel
"This is the deep dark secret of the comic book industry, if not now the entire entertainment industry, due to the explosion of these superhero franchises," Toberoff toldToberoff represents Larry Lieber, the brother of Stan Lee and a co-creator of Thor, Iron Man, and Ant Man; as well as the estates of Steve Ditko , Don Heck , Don Rico , and Gene Colan .
"Since these were works made for hire and thus owned by Marvel, we filed these lawsuits to confirm that the termination notices are invalid and of no legal effect," Petrocelli said in a statement. Toberoff argues that the comics were not done on a work-for-hire basis, as the law was understood at the time. He says that the authors were freelancers and independent contractors, and that they assigned their copyrighted work to the publisher in exchange for payment. In that case, he argues, their heirs should be allowed to reclaim the copyrights.
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