Marvel sues Spider-Man, Hulk artist heirs for rights

Marvel is battling the family of late artist Jack Kirby in the courts in order to retain copyright of some of its most popular comic book characters including Spider-Man and the X-Men.

The entertainment company is suing Kirby's heirs to claim rights to the characters which are slated to revert back to Kirby's estate in 2014.

Kirby's family vowed to "vigorously defend" their case. 

The many titles named in the Marvel suit filed in a federal court New York City on Friday include the Amazing Spider-Man, the Fantastic Four, The Incredible Hulk, The Avengers and The X-Men — many are characters which Kirby helped bring to life in the 1960s with writer/editor Stan Lee.

Marvel Worldwide Inc., a subsidiary of Walt Disney, alleges that Kirby's illustrations, published between 1958-1963, were drawn "for hire."

"Everything about Kirby's relationship with Marvel shows that his contributions were works made for hire and that all the copyright interests in them belong to Marvel," said company lawyer John Turitzin.

Not so, claims the family's lawyer, who says the company is trying to "rewrite" its business relationship with Kirby.

"It is a standard claim predictably made by comic book companies to deprive artists, writers, and other talent of all rights in their work," Kirby's lawyer, Marc Toberoff, said in a statement.

"Sadly, Jack died without proper compensation, credit or recognition for his lasting creative contributions."

Kirby, whose real name was Jacob Kurtzberg, died in 1994.