A couple weeks back the estate of Jack Kirby reached a settlement with Marvel, the day before the Supremes were set to take the case. This was a surprise, as the Kirbys were 0-2 in the courts, to that point. I hadn’t paid attention but I figured their case was weak, although they had my sympathy. I had read stuff like this from early NY Times articles:
WHEN the Walt Disney Company agreed in August to pay $4 billion to acquire Marvel Entertainment, the comic book publisher and movie studio, it snared a company with a library that includes some of the world’s best-known superheroes, including Spider-Man, the X-Men, the Incredible Hulk and the Fantastic Four.
The heirs of Jack Kirby, the legendary artist who co-created numerous Marvel mainstays, were also intrigued by the deal. Mr. Kirby’s children had long harbored resentments about Marvel, believing they had been denied a share of the lush profits rolling out of the company’s superheroes franchises.
Marvel made out like bandits, treating Kirby badly. But that’s not a legal argument.
What made Marvel blink at the last minute? The terms of the settlement can’t be revealed, so it’s hard to say.
