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#1085579 - Wed Sep 23 2009 04:10 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: thedoctor]
Irwin Schwab
Offline Sigh

Registered: Thu Oct 19 2000
Posts: 50000
Loc: Multiverse
 Originally Posted By: thedoctor
That means that me or any other jackass can publish Captain America comics and pocket all of the profits. Or create a TV show or movie.


Or dilute the character to the point that it doesn't have any value monetary or sentimental to anyone.

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#1085583 - Wed Sep 23 2009 05:51 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Irwin Schwab]
Grimm
Offline lost in time

Registered: Thu Jun 13 2002
Posts: 18621

Steven Grant lays it all out here:


http://www.comicbookresources.com/?page=article&id=23047



you should really read this, Al, especially the part about the family's right to lay claim to the characters.

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#1085584 - Wed Sep 23 2009 06:58 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: allan1]
Grimm
Offline lost in time

Registered: Thu Jun 13 2002
Posts: 18621
 Originally Posted By: allan1
I think that if I invented a corn-picker while working for someone and they made money off of it,knowing that that was the deal I was hired to do and was paid for my work,then that's the bottom line.The thing is,should my grand-kids have a right to the ownership of something I was hired to do and they had no part in?No I don't think so.They have a right to the monies and materials I pass along to them by way of what I did in the will I set forth,not coming back years later demanding compensation from the company who I worked for no matter what it was and how much money it's making that company.I would hope that I raised my kids better than that.You want money...you go earn it by your own accomplishments and hard-work,not pilfer off of what your dad or grand-daddy did before you.



here's the thing. did the farmer hire to you pick corn or to make a corn picker? if he hired you only to pick the corn, then the means with which you do it are yours. he is not entitled to take your corn picker and claim it as his own. if he hired you to create a better means to pick the corn, it's a little different.

Work for hire terminology didn't come about until 1976. Kirby did not work under a contract for Marvel, but under a handshake deal with Martin Goodman. therefore things are not as cut and dried as a lot of people would like to make them out to be.

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#1085585 - Wed Sep 23 2009 07:11 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Grimm]
Nöwheremän
Offline Magic basement king

Registered: Mon Oct 08 2001
Posts: 47142
Loc: Fuckingham Palace!
 Originally Posted By: Grimm



here's the thing. did the farmer hire to you pick corn or to make a corn picker? if he hired you only to pick the corn, then the means with which you do it are yours. he is not entitled to take your corn picker and claim it as his own. if he hired you to create a better means to pick the corn, it's a little different.



Nope.
If you invent it on his time, then he owns it as he is paying you to pick corn, but instead of that you are doing something else, and not doing what he is paying you for.
Many companies will even include stuff like this in a contract.
If you invent it in your own time, he has no claim to it, on his time and his dime, he does!

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#1085604 - Wed Sep 23 2009 08:27 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Nöwheremän]
Grimm
Offline lost in time

Registered: Thu Jun 13 2002
Posts: 18621
did you read my post?

here's the thing. did the farmer hire to you pick corn or to make a corn picker? if he hired you only to pick the corn, then the means with which you do it are yours. he is not entitled to take your corn picker and claim it as his own. if he hired you to create a better means to pick the corn, it's a little different.

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#1085610 - Wed Sep 23 2009 08:54 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Grimm]
allan1
Offline I'm just sayin'

Registered: Fri Jul 20 2001
Posts: 9616
Loc: Chambersburg,Pennsylvania
 Originally Posted By: Grimm

Steven Grant lays it all out here:


http://www.comicbookresources.com/?page=article&id=23047



you should really read this, Al, especially the part about the family's right to lay claim to the characters.

Intersting reading there Grimm,thanks.I stand(or sit in this case)corrected on most of what was said.They're following the legal obligation and that's perfectly legitimate.I understand better now the terms of what went on back in the day before work-for-hire was in effect but also that that's the way it was done back then.So who knows?Maybe it'll play out to be nothing in the long run or maybe it won't.We'll wait and see.....in the meantime I got a killer Dracula novella I wrote I'm selling movie rights for.Eat it Snarf!! ;\)

It's a dog eat dog world & I'm wearing milkbone underwear.

I can get you a toe.

1,999,999+ points.

Damn you and your lemonade!!

Booooooooooooooobs.

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#1085611 - Wed Sep 23 2009 08:55 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: allan1]
allan1
Offline I'm just sayin'

Registered: Fri Jul 20 2001
Posts: 9616
Loc: Chambersburg,Pennsylvania
Also all this talk of corn made me hungry.

It's a dog eat dog world & I'm wearing milkbone underwear.

I can get you a toe.

1,999,999+ points.

Damn you and your lemonade!!

Booooooooooooooobs.

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#1085633 - Wed Sep 23 2009 10:05 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: allan1]
Grimm
Offline lost in time

Registered: Thu Jun 13 2002
Posts: 18621
 Originally Posted By: allan1
 Originally Posted By: Grimm

Steven Grant lays it all out here:


http://www.comicbookresources.com/?page=article&id=23047



you should really read this, Al, especially the part about the family's right to lay claim to the characters.

Intersting reading there Grimm,thanks.I stand(or sit in this case)corrected on most of what was said.They're following the legal obligation and that's perfectly legitimate.I understand better now the terms of what went on back in the day before work-for-hire was in effect but also that that's the way it was done back then.So who knows?Maybe it'll play out to be nothing in the long run or maybe it won't.We'll wait and see.....in the meantime I got a killer Dracula novella I wrote I'm selling movie rights for.Eat it Snarf!! ;\)




I'm pretty sure that Marvel (and Disney) will do whatever they can to keep their characters in house. in all likelihood, they'll probably just be cutting some checks to the heirs.

go sell your movie!

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#1086264 - Mon Sep 28 2009 02:02 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Grimm]
Grimm
Offline lost in time

Registered: Thu Jun 13 2002
Posts: 18621

pretty good article here that covers the history of Kirby and Marvel and gives the notion that the family is after recognition for Kirby as much as the financial compensation.


http://latimesblogs.latimes.com/herocomp...-adventure.html

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#1086266 - Mon Sep 28 2009 02:34 PM Re: Kirby heirs wanting their slice of the Marvel pie. [Re: Grimm]
Im Not Mister Mxyzptlk
Offline devil-lovin' Bat-Man

Registered: Mon Dec 25 2000
Posts: 32286
Loc: Jacques Brel

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