Most Counterclaims Erased From Marvel Copyright Suit

Law360 (November 23, 2010, 4:46 PM EST) -- A federal judge has tossed all but one of the five counterclaims brought by the heirs of comic book artist Jack Kirby, who are seeking to terminate Marvel's rights to the Incredible Hulk, Spider-Man, the X-Men and other superhero characters.

Judge Colleen McMahon of the U.S. District Court for the Southern District of New York ruled Monday that the first counterclaim — which sought to establish the validity of the copyright termination notices sent by the Kirby heirs to Marvel — could stay because it was not merely a mirror image of the complaint itself.

This case hinges on the work-for-hire status...

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