Just received 50 page judgment of the United States Southern District Court of NY in Marvel vs Kirby and counterclaim Kirby vs Marvel.
Grants plaintiff’s motion for summary judgment against Kirby, and denies Kirby’s motion for summary judgment against Marvel.
Key quotes:
The expert opinions of Mark Evanier and John Morrow on behalf of Kirby were roundly dismissed as hearsay.
The court paper goes into Marvel’s business practices with regard to creation of comics and payment of freelancers in detail, so it’s worth a read for that alone.
A 1972 agreement signed by Kirby reads:
And a 1986 document signed by Kirby:
VERY important note here: the “instance and expense test” is applied. I could be wrong about how I’m reading this, but that may be very important for future WFH lawsuit decisions.
If you have ever hired an avaricious also-ran to do minor work, this is great news for you if the also-ran climbs out of the woodwork 30 years later and wants the whole copyright enchilada.
If you are a primary creator doing major work for a big publisher: um, not so good.
Speak up if I’m misunderstanding here.
The conclusion:
Plaintiffs (Marvel) motion for summary judgment granted. Defendant (Kirby) cross motion summary judgment denied. Morrow and Evanier export reports are stricken. Plaintiff’s motion to strike Sinnot and Steranko testimony denied.
Click on link below to go to pdf of court decision. Then click on KIRBY DECISION to download PDF.
Sponsored by the Australian Society of Authors, Books Kinokuniya of Sydney, and the CAL Cultural Fund, this intensive course in the creation and business of comics promises to be an exciting opportunity for established and aspiring creators.
DATES: Saturday 19 and Sunday 20 November 2011
TIME: 9am to 5pm (Registration starts at 8am)
VENUE: Aerial UTS Function Centre, Level 7, 235 Jones St, Broadway, Sydney NSW Australia
ADMISSION: $135 (ASA members); $165 (Students and members of the ACA, AWG and various State Writers’ Centres); $195 (Non-members).
Installment payment financing available for prospective students.
Details of the event are available at ComicsMasterclass.com
But hey, we’re biased. here’s what some of Colleen’s colleagues have to say:
Every so often, you hear someone referred to as The Real Deal. Most times, they’re not. But Colleen Doran is The Real Deal. Not only has she mastered her craft as an artist, she has the rare ability to understand the business in ways that usually frighten other artists to within an inch of their lives. She understands the intersection between government, art and copyright to a degree that even I can’t fathom, and is able to communicate that information and the artistic side of the work to others in ways that can launch careers and safeguard their futures in a landscape populated with predators. She is as dedicated to serving others as she is to her art and her craft, and that, ladies and gentlemen, is The Real Deal.
J Michael Straczynski (Writer, The Amazing Spider-Man; Creator / Producer / Writer, Babylon 5 ; Screenwriter, Changeling)
Colleen Doran is one of the finest artists in the comic book field. Her mastery of style and numerous techniques are as self-evident as her enormous range and versatility. As a business person/educator she ranks second to none. Her keen, analytical mind, her attention to detail and tireless research into the laws that govern and resources available to artists is an invaluable resource for those of us who toil in this field.
Jim Valentino (President, Shadowline LLC; Vice-President, Image Comics Inc)
Colleen Doran is a a hero of mine.
She represents everything I love about the comics industry, not the least of which being that fools, cads and brigands tangle with her at their own peril. I would even say that my problem in trying to write a testimonial about Colleen Doran is that my personal admiration for her fierce dedication to the truth, and her relentless fight for the rights of other artists, threatens
to almost overshadow my appreciation of her gifts as a creator.Almost.
Speaking strictly of her creative endeavors, she’s been even more remarkable. At an age when most teens are thinking only of trivialities, she was already at work creating her enduring masterpiece, A DISTANT SOIL, despite an industry that was not yet capable of understanding her value. While many other female creators in particular dashed themselves to pieces on the rocks trying to get to the industry’s fertile ground, Colleen found a sure-fire formula to achieve respect—the answer for her was to simply be inarguably better than everyone else…a better writer and damn sure a better artist. No one has inspired me to reach as high, and as true, as Colleen Doran.
If you are fortunate enough to hear her lecture on topics ranging from art technique to copyright law, you have my congratulations (and a healthy dose of envy).
Enjoy.
Gail Simone (Writer, Wonder Woman, Birds of Prey, Bart Simpson Comics, Teen Titans, Secret Six)
Join the Comics Masterclass Facebook page for details and updates!
Suzanne Vega at CREATE, a symposium on artist’s rights, and monetizing the internet. CLICK HERE for more info and videos, including the panel on which I appeared. Suzanne sang her new song Solitaire, an amusing piece about computer addiction (and boy could I relate,) her signature work Tom’s Diner, and delivered the keynote speech at the event.
Suzanne Vega is hosting the public radio series 13 Days When Music Changed Forever, a series about classical musical revolutions—about the composers, compositions, and musical movements that changed the way people heard, or thought about, music.
Her new albums feature reinterpretations of her extensive catalogue of songs. Available in several editions, including deluxe and MP3 download.
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