Marvel suing to keep rights to ‘Avengers’ characters from copyright termination

Disney’s Marvel unit is suing to hold on to full control of ‘Avengers’ characters including Iron Man, Spider-Man, Dr. Strange, Ant-Man, Hawkeye, Black Widow, Falcon, Thor and others.

The complaints, which The Hollywood Reporter has obtained, come against the heirs of some late comic book geniuses including Stan Lee, Steve Ditko and Gene Colan. The suits seek declaratory relief that these blockbuster characters are ineligible for copyright termination as works made for hire. If Marvel loses, Disney would have to share ownership of characters worth billions.

In August, the administrator of Ditko’s estate filed a notice of termination on ‘Spider-Man’, which first appeared in comic book form in 1962. Under the termination provisions of copyright law, authors or their heirs can reclaim rights once granted to publishers after waiting a statutory set period of time. According to the termination notice, Marvel would have to give up Ditko’s rights to its iconic character in June 2023.

Marvel is facing other termination notices. For example, Larry Lieber (who worked at Marvel as a writer, too) filed termination notices over creations in May.

The heirs of the comic book creators (including Black Widow creator Don Rico) are being represented by Marc Toberoff, who once famously represented Superman creators Jerry Siegel and Joe Schuster in an unsuccessful termination attempt against DC.

DC saved off termination by counterclaiming against Toberoff and asserting tortious interference of its rights. The publisher was represented by Dan Petrocelli at O’Melveny, who just so happens to be representing Disney now in its efforts to keep rights to various Avengers characters.

Petrocelli is filing several lawsuits in New York and California against Lieber, Don Heck, Patrick Ditko, Don Rico and Keith Dettwiler. The cases will focus on the creation of famous comic book characters and who should be deemed the statutory author.