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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CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. S. LEE I said sometimes I can't remember. don't you remember? And he said, "Stan,

Sometimes if somebody wanted a job as

an inker at our place," and an inker is somebody who goes over the pencil drawings with ink so that they can be reproduced better at the engraver, he said, "If we wanted to test an inker to see how good he'd be, we would take one of the pages of Jack's that you hadn't used and ask the inker to ink over them as samples." And I had forgotten about that, but John Romita -- we were talking about that. ago he told me that. Q. And when you had that conversation with Mr. It was a few years

Romita, did that refresh your recollection that you had from time to time rejected pages from Jack Kirby? A. Yeah. Actually probably less from Kirby than But I had -- there

anybody else, because he was so good.

were times when things had to be rejected for a myriad reasons. (Lee Exhibit 1 marked for identification.) Let me mark as Lee Exhibit 1 an affidavit,

it's a document entitled "Affidavit of Stan Lee," and ask you to take a look at that. MR. TOBEROFF: I would like to make a standing

objection, if you will agree, otherwise I have to make it

TSG Reporting 877-702-9580

CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. about? A. Galactus. Right. I wanted to have a villain called S. LEE Could you tell us how the Silver Surfer came

We had so many villains who were so powerful.

I was looking for somebody who would be more powerful than any. So I figured somebody who is a demigod who rides

around in space and destroys planets. I told Jack about it and told him how I wanted the story to go generally. drew it. And Jack went home, and he But when I

And he drew a wonderful version.

looked at the artwork, I saw there was some nutty looking naked guy on a flying surfboard. And I said, "Who is this?" And he said -- well, I don't remember whether he called him the surfer or not. the surfer. He may have called him

But he said, "I thought that anybody as

powerful as Galactus who could destroy planets should have somebody who goes ahead of him, a herald who finds the planets for him. And I thought it would be good to have

that guy on a flying surfboard." I said, "That's wonderful." I loved it. And

I decided to call him The Silver Surfer, which I thought sounded dramatic. But that was all. He was supposed to be a

TSG Reporting 877-702-9580