Marvel Worldwide, Inc. et al v. Kirby et al

Filing 102

DECLARATION of Marc Toberoff (Part I) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc)

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Thomas MS. KLEINICK: facts not in evidence. A. I haven't any knowledge of that. It would have, you know, surprised me; but if he did, he probably misspoke. Q. Is it your understanding that at Objection; states

Marvel, artists were -- part of their duties were to plot the stories through the -- through their artwork and through notes in the margins and suggested dialogue? MS. KLEINICK: A. Objection.

We didn't use that, you know, think

about that much or use that term then. But as I look back on it, and over the years and analyze it, I realize they were -- I would say co-plotting the stories. would not say plotting. When you are given a story idea, even if it is a few sentence, quite often, and certainly if it was more, as it was in many cases, you're certainly not plotting the story, you were co-plotting. Q. Starting at the time you started -I

well, whether or not they were co-plotting or
TSG Reporting - Worldwide 877-702-9580

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Thomas time, art was either returned to the -- to an individual artist as an exception or perhaps given away to fans at other companies. And so they felt they should get it back in order to be able to sell it or either keep it themselves, if they wanted to, or sell it if they wanted to make a little extra income. And our purpose, as much as anything, was to get goodwill from the artists and maybe give them a chance to make a little extra income. Q. Was there an issue at that time

about sales to -- the payment of sales tax in connection with Marvel's artwork? A. I remember at some stage various

artists coming up with -- talking about adding sales tax and bringing that up. Maybe they had talked to attorneys about it. But I don't remember Stan and me

talking about it. Q. But you were part of Marvel's

management at that time, correct? A. Yes.
TSG Reporting - Worldwide 877-702-9580