Marvel Comics is known for creating some of the most iconic heroes, including Iron Man, Spider-Man and Black Widow, drawn by famous artists Stan Lee, Steve Ditko and Larry Lieber. However, according to a report by reuters.com, Marvel is planning to sue the heirs of these creators, stating that “artists cannot terminate its copyright interests in characters they co-created.”
Marvel Comics has been going strong for the last 70 years and has maintained its success through famous characters like Doctor Strange, Spider-Man and Thor. These characters were created by people who have worked at Marvel in the past, including icons like Stan Lee and Steve Ditko and famous artists like Larry Lieber, Don Heck and Don Rico. These works made Marvel what Marvel is. However, in the last few weeks, the heirs of the famous artists have filed numerous lawsuits against Marvel to terminate the copyrights for the characters mentioned and other icons like Iron Man, Ant-Man, Captain Marvel, Falcon and Blade.
The heirs of Ditko, Lee and the other famous artists sent multiple termination notices to try and reclaim part of the rights to several characters. According to a report by reuters.com, the artists “co-created the characters in question between the 1950s and 1970s” and the creations were made when they were working on a “for-hire basis.” Marvel plans to sue the artists’ heirs back because the writers and artists worked for Marvel, so they technically own the rights to the characters.
Under the Copyright Act of 1976, after 35 years, an artist can terminate a copyright assignment by giving at least two years in advance. Since the notices were filed now in 2021, this could mean that Marvel might lose their iconic characters sometime in 2023. The court will begin proceedings over the next few months, with Marvel’s attorney Dan Petrocelli of O’Melveny and Myers working to ensure the characters stay for Marvel.
In a statement to the press, Petrocelli said that “these termination notices are invalid and have no legal effect because Marvel owns these characters.”
The artists’ heirs’ various termination notices would impact Marvel’s right to use these characters, story elements and anything associated with these characters as soon as the copyright termination goes into effect in 2023.
