Today, Marvel and the Kirby Estate released a short joint statement:
Marvel and the family of Jack Kirby have amicably resolved their legal disputes, and are looking forward to advancing their shared goal of honoring Mr. Kirby’s significant role in Marvel’s history.
It's finally over.
I've revised my 2010 form post, The King's Ransom, for what I hope will be the last time.
A bit of context, since I wasn't updating the blog back in June (though I did tweak the aforementioned form post): the Kirby heirs were appealing the case to the Supreme Court, and a number of amicus briefs were filed in the case by prominent groups including the Artists' Rights Society and the International Intellectual Property Institute. Among others, Bruce Lehman, former director of the USPTO, argued that the instance and expense test that the previous judgement against the Kirby heirs hinged on violated Supreme Court precedent.
The Supreme Court was set to decide whether or not to take the case in just a few days.
Kurt Busiek says, in the comments section at The Beat:
Considering that the Kirby Estate didn’t seem to have anything to lose by going to the Supreme Court, but Marvel/Disney had a lot on the line, I’m thinking (or hoping, at least) that this was a decent settlement for the Estate. Given the timing — if the Supreme Court had chosen to hear the case, no settlement would then be possible — it virtually has to be a deal spurred on by the side that doesn’t want the case to go to the Court.
However unlikely onlookers think it might be that the Court would take up the case, and however corporate-friendly the Court may seem to be, the stakes are very high, and a settlement may have seemed a better plan than rolling the dice.
Busiek, of course, doesn't have any inside knowledge of the case, but I find he's been extremely knowledgeable about the facts and issues involved.
If you're coming to this page in search of details and commentary, you've come to the wrong place. I will be saying nothing about it other that I am real, real happy. And I'm sure Jack and his wife Roz, if they're watching this from wherever they are, are real, real, real happy.
I noted, back in a 2013 post about Archie v Penders, that the thing about settlements is that their terms are typically confidential. It's likely that we'll never know the precise details of the Kirby settlement. (If I were a betting man, I'd say Marvel probably agreed to give them the same profit-sharing deal that it gives current creators — but that's just a guess, and it's worth what you paid for it.)
One thing we will know is whether the settlement involves more prominent creator credits for Kirby. Marvel's creator credits have been inconsistent up to this point — the original 2002 Spider-Man movie has a "Created by Stan Lee and Steve Ditko" credit right upfront, and Agents of SHIELD credits Lee and Kirby at the top of each episode, but other movies have buried creators' names at the bottom of the end credits under a nebulous "special thanks" section. I expect from here on in we'll be seeing much more prominent "Created by Jack Kirby" credits in comics, movies, and TV shows. Guess we'll know soon enough.
And speaking for myself — I guess my boycott's finally over.
Which is good, because that Mike Allred Silver Surfer sure looks great.