Jack Kirby Estate Files Appeal in Marvel Super hero Suit (Exclusive)

Marvel Comics/PhotoFest The estate of comic legend Jack Kirby has become a huge hit a U.S. District Court ruling throwing several key copyright claims against Marvel over such legendary figures as Thor, Iron Guy, Incredible Hulk yet others. The notice of attract the 2nd Circuit Court of Appeal was filed today. No additional briefing was filed, and each side may have several weeks to organize their appellate briefs. PHOTOS: Comic Figures in Dispute Once we've reported, the Kirby estate and it is lawyer, Marc Toberoff, want to terminate early copyright grants or loans in excess of 45 lucrative figures. The estate sent notices of termination to Marvel and it is licensees The new sony (Spider-Guy), Fox (X-Males), Universal yet others. Marvel then prosecuted in New You are able to federal court declaring Kirby's masterpieces were "works best for hire" and therefore not susceptible to termination. Both sides filed summary judgment motions, and recently the circuit court on the sides with Marvel, ruling that Kirby produced the figures as works best for hire. The appeal was expected, as Toberoff told us his plans once the ruling came lower. "We professionally disagree to the court's ruling and plan to appeal this matter towards the Second Circuit," Toberoff stated. "Sometimes you need to lose to be able to win." Email: Matthew.Belloni@thr.com Twitter: @THRMattBelloni Marvel Entertainment