Marvel and Spider-Man artist’s estate settle superhero copyright clash

A person dressed in Spider-Man costume performs at the premiere for the film “Spider-Man: No Way Home” in Los Angeles, California, Dec. 13, 2021. Photo by Reuters

Marvel and Ditko’s estate said in the joint filing on Wednesday that they have “amicably resolved” their copyright dispute but did not provide settlement terms. Representatives for Marvel and the estate did not immediately respond to requests for comment on Thursday.

The lawsuit was the last of several brought by Marvel in 2021 against comic-book artists who had sought rights to characters including Iron Man, Ant-Man and Thor. Marvel resolved the other cases in June.

Under U.S. copyright law, a creator can cancel a copyright assignment after decades in some circumstances. Marvel sued the artists, who wrote and illustrated Marvel comics in the 1950s, 60s and 70s, after they sought to terminate and reclaim copyright interests in several superheroes they said they co-created.

The estate of Ditko, who died in 2018, said he created Doctor Strange and co-created Spider-Man in Marvel-published comics that he wrote or co-wrote between 1962 and 1966. His estate notified Marvel that it was terminating the company’s rights in the stories and characters in 2021.

Marvel argued that Ditko and other artists’ works were made for hire for the company, which meant they could not recapture the copyrights. Ditko’s estate said in May that he was a freelancer who developed his heroes and stories independently, and that Marvel intentionally avoided hiring him because of the “dire state of its business” at the time.

Marvel won a similar lawsuit at a U.S. appeals court in 2013 involving the heirs of artist Jack Kirby. That case was settled in 2014, as the U.S. Supreme Court was set to consider whether to hear it.

The case is Marvel Characters Inc v. Ditko, U.S. District Court for the Southern District of New York, No. 1:21-cv-07957.

For Marvel: Dan Petrocelli and Molly Lens of O’Melveny & Myers

For Ditko’s estate: Marc Toberoff of Toberoff & Associates