United States Second Circuit

Summary judgment for plaintiffs on their claim for declaratory relief, which was filed in response to notices sent by defendants, the children of comic book artist Jack Kirby, purporting to terminate alleged assignments in certain of their father's works pursuant to the Copyright Act, is: 1) vacated in part as to defendants Lisa and Neal Kirby, because the district court did not have personal jurisdiction over them; but 2) affirmed in part, where Lisa and Neal Kirby are not indispensable parties to this lawsuit, and the district court was correct in concluding that the works at issue are "works made for hire" under section 304(c) of the Copyright Act, so the judgment against defendants Barbara and Susan Kirby was proper.

Appellate Information

• Decided 08/08/2013
• Published 08/08/2013

Judges

• SACK

Court

• United States Second Circuit

Counsel