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Marvel Comic Book Writer Copyright Complaint Overview:
- Who: Marvel Characters, Inc lodged a complaint for declaratory relief against Michele Hart-Rico and Buz Donato F. Rico III, the heirs of a comic book writer.
- Why: Marvel claims a copyright termination notice filed by the heirs is invalid.
- Where: The complaint was filed in California federal court.
Heirs to a former Marvel comic book writer have no rights to acquire ownership of certain iconic characters and comics he contributed to the company, a new complaint alleges.
Marvel Characters, Inc. claims Michele Hart-Rico and Buz Donato F. Rico III invalidly filed a termination notice under the Copyright Act to acquire ownership rights to characters and stories written in 1964 by its former employee Donato Francisco Rico II.
Marvel claims that, since it paid Don Rico a per-page rate for his work, his contributions were rendered as “work made for hire,” and thus not applicable to the Copyright Act’s termination provisions.
“Any contributions Don Rico made were at Marvel’s instance and expense,” states the complaint.
Heirs Want Interest in Marvel Comic Book Writer’s 1964 Work
Hart-Rico and Buz Rico served Marvel a notice of termination in June, claiming they had “sufficient interest” in Don Rico’s work published by Marvel in 1964 — namely Tales of Suspense.
Marvel claims Don Rico knew when he was writing for the company that it had creative control over his work and was paying him a per-page rate, and, thus, he would not hold a copyright for his contributions.
“Marvel editorial staff had the right to exercise creative control over Don Rico’s contributions, and Marvel paid Don Rico a per-page rate for his contributions. When Don Rico worked for Marvel, he did so with the expectation that Marvel would pay him,” states the complaint.
Marvel says it lawfully registered copyrights to Don Rico’s work in a manner suitable with the copyright laws of the United States.
Marvel points to a similar case heard in a New York federal court that involved the heirs of its former illustrator, Jack Kirby, who contributed to the company between 1958 and 1963 on a “work made for hire,” basis.
“Because termination rights do not exist for works made for hire, the Kirby heirs’ termination notices—which covered the very same comic series that Hart-Rico and Buz Rico’s termination notice does—were held to be invalid and of no legal force or effect,” states the complaint.
Marvel is requesting a declaration that the termination notice filed by Hart-Rico and Buz Rico is invalid and for other relief that the court deems just and equitable.
A class action lawsuit filed last month by Grammy-winning artist Maria Schneider alleged YouTube fails to protect original creators from copyright infringement that occurs on the platform.
Do you believe Don Rico’s heirs should have ownership rights to the work he did for Marvel? Let us know in the comments!
The plaintiff is represented by Daniel M. Petrocelli, Molly M. Lens, Danielle Feuer, and Kendall Turner of O’Melveny & Myers LLP.
The Marvel Comic Book Writer Copyright Complaint is Marvel Characters, Inc., v. Hart-Rico, et al., Case No. 2:21-cv-07624, in the U.S. District Court for the Central District of California.
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