· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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