Breaking News

Kirby v. Marvel Characters, Inc.

Case dismissed, pursuant to Rule 46, on September 26, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1178 2d Cir. TBD TBD TBD TBD OT 2014

Disclosure: As of July 25, 2014, Goldstein & Russell, PC represents the petitioner in this case.

Issue: (1) Whether a court can constitutionally take copyrights to works originally owned and authored by an independent contractor and hand them to a private party by judicially re-designating them “works for hire;” (2) whether “employer” under the Copyright Act of 1909 can be judicially extended beyond conventional employment to independent contractors, when this contradicts its common law meaning, binding Supreme Court precedent and longstanding canons of statutory construction; and (3) whether “work for hire” can be determined based on post-creation contingencies, like discretionary payment, when authorship and ownership of a copyrightable work, including “work for hire,” vests at inception.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 11 2013Application (13A608) to extend the time to file a petition for a writ of certiorari from January 20, 2014 to March 21, 2014, submitted to Justice Ginsburg.
Dec 13 2013Application (13A608) granted by Justice Ginsburg extending the time to file until March 21, 2014.
Mar 21 2014Petition for a writ of certiorari filed. (Response due April 28, 2014)
Apr 24 2014Waiver of right of respondents Marvel Characters, Incorporated, et al. to respond filed.
Apr 29 2014DISTRIBUTED for Conference of May 15, 2014.
May 14 2014Response Requested . (Due June 13, 2014)
May 28 2014Order extending time to file response to petition to and including July 14, 2014.
Jun 13 2014Brief amici curiae of Bruce Lehman, et al. filed.
Jun 13 2014Brief amicus curiae of The California Society of Entertainment Lawyers filed.
Jun 13 2014Brief amici curiae of Mark Evanier, John Morrow, and Pen Center USA filed.
Jun 13 2014Brief amici curiae of Screen Actors Guild - American Federation of Television and Radio Artists, et al. filed.
Jul 14 2014Brief of respondents Marvel Characters, Incorporated, et al. in opposition filed.
Jul 29 2014Reply of petitioners Lisa R. Kirby, et al. filed.
Jul 30 2014DISTRIBUTED for Conference of September 29, 2014.
Sep 26 2014Stipulation to dismiss the petition for writ of certiorari pursuant to Rule 46 received.
Sep 26 2014Petition Dismissed - Rule 46.