The long-standing legal feud between Marvel Comics and the estate of Jack "King" Kirby has been settled - just days before the case was to go before the Supreme Court of the United States (SCOTUS), according to a report on Comic Book Resources.
Marvel and the Kirby family issued a joint statement today: "Marvel and the family of Jack Kirby have amicably resolved their legal disputes, and are looking forward to advancing their shared goal of honoring Mr. Kirby's significant role in Marvel's history."
Widely viewed as one of the Kings of Comics, Kirby, who passed away in 1994, created or co-created some of the biggest names on the comic book page...and now on the big screen in the superhero blockbusters that Hollywood has profited from in recent years. However, while his often partner Stan Lee was a Marvel employee, Kirby was a "work-for-hire" guy and had no rights to "Captain America," "The Fantastic Four," "the Hulk," the original "X-Men," and the vast array of other characters he played a part in bringing to life.
All things considered, and with the billions that Marvel/Disney have made off the films filled with characters Kirby created, this 11th hour deal shouldn't shock anyone. The bottom line and PR risk that the media giant was taking if the SCOTUS would have agree to hear the family's petition would have sent a shudder through the market and the whole of Hollywood. Also, if the High Court had decided in favor for the Kirbys, this would have thrown Marvel/Disney into turmoil, as they would have had to negotiate with the family on everything from "The Avengers" and this summer's big hit "Guardians of The Galaxy," as the living-tree-monster, Groot, was a Kirby brainchild.
Despite initial disinterest, and then-objections from Disney-owned Marvel, SCOTUS agreed the take the case into conference to consider if they would actually hear it. That conference, where the nine Justices would ostensibly be sitting around talking about comics as well as copyrights, was scheduled for September 29. The Kirby family and their legal point had a lot of support, and not just among the rabid, fanboy community. Back in June, SAG-AFTRA, the WGA and the DGA submitted an amicus brief to the High Court in favor of having the Kirby's petition granted.
