Thursday, 30 September 2021 15:55

Disney Files Lawsuits to Defend Rights in Marvel Characters

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This month, the Walt Disney Company filed several federal lawsuits in New York and California to fend off a series of copyright termination notices served by five writers and illustrators claiming rights to Marvel characters and stories. Disney, which has owned Marvel Entertainment since 2009, is seeking to preserve its complete rights in well-known superhero characters including Iron Man, Thor, Spiderman, Doctor Strange, Ant Man, Black Widow, Hawkeye, Captain Marvel, and Falcon. With these beloved characters, the Marvel franchise has created some of the highest-grossing action movies of all time. Avengers: Endgame, for example, generated $2.79 billion at the box office worldwide.

The five writers and illustrators, all but one of whom is deceased, worked with Marvel in the ‘50s, ‘60s, and ‘70s and now attempt to “reclaim” rights in characters they allege to have helped create. To do so, they point to copyright law and argue that authors or their heirs may regain ownership of a work after a certain number of years. Some of the termination notices would reportedly take effect as soon as 2023, including one for Spiderman. Nonetheless, Disney takes the position that the work done by these writers and illustrators were works made for hire, rendering all rights Disney’s. Counsel for Disney also added that its lawsuits were filed “to confirm that the termination notices are invalid and of no legal effect.”

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Kelly Malloy

Ms. Malloy earned her bachelor’s degree in Industrial and Systems Engineering at the University of Florida, and is currently a J.D. Candidate at the University of Miami School of Law concentrating on intellectual property. At Miami Law, Ms. Malloy serves as President of the Student Bar Association and is on the University of Miami Law Review. Ms. Malloy also served as President of the Intellectual Property Law Society, President of the Inter-Club Council, Executive Board Secretary of the Student Bar Association, and 1L Senator during her time at Miami Law. For her time in these roles, Ms. Malloy received the Joseph H. Bogosian Student Leadership Award. As a result of her dedication to her coursework, Ms. Malloy is in the top 10% of her class, received the Dean’s Merit Scholarship, received the Litigation Skills Adjunct Faculty Scholarship, and was awarded the Dean’s Certificate of Achievement in her Patent Law course. Ms. Malloy is a law clerk at the firm and assists attorneys by drafting patent applications, performing legal research, and preparing for litigation.