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· 8/8/2013

Marvel Characters, Inc. v. Kirby

Citations

  • 726 F.3d 119
  • 86 Fed. R. Serv. 3d 286
  • 107 U.S.P.Q. 2d (BNA) 1813
  • 2013 WL 4016875
  • 2013 U.S. App. LEXIS 16396

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a party’s absence did not require dismissal under Rule 19(b) where the absent party “ha[d] his interests adequately represented by someone with the same interests who is a party”
  • noting that “synthesiz[ing] dense or voluminous historical texts” and offering “context that illuminates or places in perspective past events” are proper uses of historical expertise
  • noting that “synthesizing] dense or voluminous historical texts” and offering “context that illuminates or places in perspective past events” are proper uses of historical expertise
  • holding work was for hire due in part to hiring party’s “active involvement in the creative process, coupled with its power to reject pages and request that they be redone”
  • suggesting that “the hiring party’s provision of tools, resources, or overhead may be controlling”
  • noting that the overall purpose of the expense requirement is to \reward[] with ownership the party that bears the risk with respect to the work's success\

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Sack, Carney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.