The children of Jack Kirby, a comic freelancer for Marvel in the 1950s and 1960s, are arguing that Marvel Comics Worldwide Inc. does not own his work. The family claims they own the 45 copyrighted works Mr. Kirby created for Marvel because Marvel’s copyright purportedly expired. The lower court ruled that the works were created “for hire” and that the family cannot reclaim them under the 1998 copyright extension law.

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. However, the Copyright Term Extension Act (CTEA) of 1998 extended copyright terms in the United States by 20 years.

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Almuhtada Smith, Esq.
Adli Law Group P.C.