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

Filing 114

DECLARATION of Marc Toberoff (Reply) in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Toberoff, Marc)

Dockets.Justia.com

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Civil Action No. 10-141 (CM) (KF)

MARVEL WORLDWIDE, INC., MARVEL CHARACTERS, INC., and MVL RIGHTS, LLC., Plaintiffs,

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vs.
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LISA R. KIRBY, BARBARA J. KIRBY, NEAL L. KIRBY and SUSAN N. KIRBY, Defendants.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) )

VOLUME I
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VIDEOTAPED DEPOSITION OF
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ROY THOMAS
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October 26, 2010 10:06 a.m. Holiday Inn Express Orangeburg, South Carolina ANNIE O'HARA, CCR-B-2340, SC Notary

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TSG Reporting - Worldwide

877-702-9580

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Thomas MS. KLEINICK: THE WITNESS: You made your objection. I understand it as being

from '65 on, because I wouldn't know anything about an earlier period. paying as much attention. BY MS. KLEINICK: Q. Did Kirby receive assignments for I wouldn't have been

particular issues or titles? A. Q. Yes. Who did he get those assignments from? MR. TOBEROFF: THE WITNESS: Stan. Asked and answered. He got the assignment from

It might come through Sol Brodski or It was an

someone, but it was always from Stan. ongoing, you know, kind of thing. be renewed every month. BY MS. KLEINICK: Q.

But it had to

Are you aware of any instance where Jack

Kirby submitted artwork for an issue for a series that Stan or Sol had not already assigned him to? MR. TOBEROFF: THE WITNESS: BY MS. KLEINICK: Q. And I think you testified that artists
TSG Reporting - Worldwide 877-702-9580

Leading. No.

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Thomas MS. KLEINICK: A. Objection.

It was an advance. It was done for, you know, a certain

number of pages, or whatever, and figured on a page rate. Q. A. Q. A. Q. Oh. But, and it was --

Pardon me. Strike that. Oh. I'm sorry.

So prior to the -- you began working

at Marvel in July, 1965, correct? A. Q. Yes. And prior to that -- starting at

Marvel -- and the short time you were at DC, prior to that -- you had no experience in the comic book industry? A. No. I had also written -- sometime

in the turn of 1965, or -- I'm not sure exactly the date -- how that relates to the Jimmy Olsen story that was also done in that pre-New York period, I wrote two scripts for a smaller company called Charlton Company, that was based in Derby, Connecticut. And I had also submitted one or two
TSG Reporting - Worldwide 877-702-9580