Marvel Artist's Family Appeals To 2nd Circ. For Comic Rights

Law360, New York (October 24, 2012, 9:27 PM EDT) -- Heirs of a cartoonist who contributed to comic books like the X-Men asked the Second Circuit on Wednesday to rule that Marvel Comics Worldwide Inc. does not own his work, saying a lower court misinterpreted copyright law.

A comic freelancer who gets paid only when a publisher like Marvel likes his work is not working for hire under copyright law, Marc Toberoff of Toberoff & Associates PC, a lawyer for the children of Jack Kirby, argued before a three-judge panel.

Kirby, a freelancer for Marvel in...
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