Facts

In September 2009, the heirs of comic book artist Jack Kirby issued 45 notices pursuant to section 304(c) of the Copyright Act of 1976 seeking to terminate Marvel's copyrights in numerous comic book characters and stories, to which Kirby contributed, published by Marvel Comics between 1958 and 1963. In January 2010, the Marvel plaintiffs commenced an action seeking a declaration that the termination notices were invalid.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that all of the contributions by Kirby to the comic books at issue were created as works made for hire at the instance and expense of Marvel Comics and, as such, its ownership of the copyrights in such works were not subject to termination under the Copyright Act.

DEFENDANTS' CONTENTIONS:
Defendants contended that Kirby's contributions to the comic books at issue were not works made for hire.

Result

The court granted Marvel's motion for summary judgment after holding that the comic books at issue were all created as works made for hire.