Marvel Winds Down Fight Over Avengers Characters

Marvel has made a major move toward ending the battle for the rights to its most iconic characters — including the Avengers — but the fight isn’t over.

Back in 2021, Marvel filed a series of lawsuits in response to copyright termination notices from Larry Lieber and the estates of Gene Colan, Steve Ditko, Don Heck and Don Rico.

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U.S. Copyright Law gives authors or their heirs the ability to essentially claw back copyrights after a certain period of time. It doesn’t cover works made for hire, which has been Marvel’s primary argument in these matters.

At issue are the rights to titles including Amazing Fantasy, The Avengers, Captain America, Daredevil, Iron Man, Journey Into Mystery, Marvel Super-Heroes, Strange Tales, Tales to Astonish, Tales of Suspense and Tomb of Dracula.

In addition to the specific art and stories in the comics, the termination notices also targeted “any character, story element, or indicia reasonably associated with the Works.”

Collectively, an extremely long list of characters has been involved, including Iron Man, Captain America, Black Widow, Hulk, Thor, Hawkeye and Scarlet Witch.

Marvel, represented by Dan Petrocelli and Molly Lens of O’Melveny, has apparently reached deals that resolve four of the fights, as the parties have filed joint stipulations for voluntary dismissal.

There’s one exception: No such notice has been filed in the fight over Steve Ditko’s works. Ditko, who died in 2018, co-created Spider-Man and Doctor Strange. According to the termination notice sent by Marc Toberoff on behalf of estate administrator Patrick Ditko, the fate of Amazing Fantasy (including the character’s 1962 debut in “Spider-Man!”) and Strange Tales (including the character’s first appearance in 1963’s “Doctor Strange Master of Black Magic!”) is still to be determined.

Dueling motions for summary judgment were filed in May, and responsive filings are currently due June 16.

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