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

Filing 65

DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16-1, # 17 Exhibit 16-2, # 18 Exhibit 16-3, # 19 Exhibit 16-4, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Quinn, James)

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

Doc. 65 Att. 6

EXHIBIT 6

Dockets.Justia.com

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) ) PLAINTIFFS, ) ) vs. ) No. 10-141-CMKF ) LISA R. KIRBY, BARBARA J. KIRBY, ) NEAL L. KIRBY and SUSAN N. KIRBY, ) ) DEFENDANTS. ) ___________________________________) MARVEL WORLDWIDE, INC., MARVEL CHARACTERS, INC. and MVL RIGHTS, LLC,

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VIDEOTAPED DEPOSITION OF LISA KIRBY Los Angeles, California Thursday, July 1, 2010

Reported by: SUSAN A. SULLIVAN, CSR #3522, RPR, CRR JOB NO. 31596
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A Q A Q

I'm his youngest daughter. What is your birth date? 9/7/1960. Did you have occasion to speak with your

brother Neal within the last 24 hours? A Q A Q No, I have not. When was the last time you spoke to Neal? I'd say a week ago. About a week ago.

Did you discuss this lawsuit with your

brother at that time? A Q A I don't recall. I'm sorry, I didn't hear your answer. No, I'm -- I don't recall what we spoke

about at that time. Q Have you ever spoken with your brother

about this lawsuit? A Q Occasionally. And have you ever spoken with him about

this lawsuit outside the presence of Mr. Toberoff or some member of his law firm? A Q Yes, I have. Yes, I have.

When is the first time -MR. TOBEROFF: Speak a little louder.

A Q

I'm sorry. When for the first time do you have a
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house? A At first I think a lot of people came over He was a fan and wanted to meet my

to our house. father.

I believe that's probably what started their

friendship. Q Did there come a time when he was paid by

your father? A I recall him doing work for my father. As

far as payment, I would not be able to give you specifics on that, I don't recall that. at the time so -Q father? A Q I would not recall that, no. Did you ever discuss with Mr. Evanier any Do you know what work he was doing for your I was young

work that he did in cataloguing any of the artwork that your father owned and possessed prior to his death? A that. Q When was the last time that you spoke to Evanier, excuse me. I do not recall speaking with Mark about

Mark Evanier? A

I think possibly before the last comic Usually I speak to him then. I would

convention.

say it was almost a year ago.
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Probably eight months
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other than what you have testified about? A Q Not at this time, no, not specifically. Are you aware of something that would

refresh your recollection about the substance of what was said? A Q Can you clarify that for me, I'm sorry? Did you make any notes of the conversation,

was there any followup correspondence between the two of you? A From what I remember, I might have -- I

remember speaking to his daughter one time afterwards. Q A What was the subject of that discussion? Again, I was thanking her for talking to

her father and just went over again what we discussed about his support in helping my father receiving credit for his work. Q Was there some aspect of your father's work

that he had not received adequate credit as far as you were concerned that triggered your discussion with Mr. Adams? A I feel my father did not receive enough

credit for his work, yes. Q And was there any specific instance that

triggered your discussion with Mr. Adams?
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A

Specific instance.

I would have to say not

a specific instance, it was just general knowledge. Q A General knowledge about what? About my father not receiving proper credit

for the work that he has done. Q And why did you contact Neal Adams? MR. TOBEROFF: You can answer. A The family, we had heard that he was a big Misstates testimony.

supporter of my father's legacy and that he would be, you know, a good person for us to talk to. Q Adams? A From what I recall, I believe I met him, I That's from And how many times have you spoken with Mr.

spoke to him at one time in San Diego. my recollection. Q A Q A That was several years ago? It was, yeah.

And you haven't spoken with him since? Not since. Not that I can recall at this

moment, no. Q A Q A Have you corresponded with him since? Not that I can recall. Do you know John Remedas, Sr.? I do not know him, no.
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or interviewers? MR. TOBEROFF: A Compound.

About my father's rights to the characters. I mean, specifically --

Can you clarify? Q A Q

I will break it down for you. Okay. I'd appreciate that.

Do you have any information from your

firsthand observations about the circumstances of any characters your father created for Marvel? A I don't believe I spoke, did any interviews

as far as, you know, specific, as far as his rights to specific characters were concerned. Q A Q I don't think you listened to my question. Okay, sir. My question was do you have any information

from your firsthand observations about the circumstances of any characters your father created for Marvel. A No, I don't recall that, no. I don't know

if I even understand your question, I'm sorry. Q A apologize. Q A Did you see your father at work -On occasion.
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Then you should ask me. I'm sorry, I'm a little nervous, I

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Q

-- on any characters that you understood

were being drawn for Marvel? A Oh, my father's work at home. Yes, I have

seen my father work. Q Did you see him work on characters

published by Marvel? A I was very young at the time, during this

timeframe, and I would go into his studio from time to time so I can't recall like specifically yes, I saw him working on -- because I was a young person so it is hard to recall that. Q So is your answer that you don't have any

recollection of being able to distinguish between what characters your father was working on when you observed him at work? A general. Q But sitting here today is it fair to say I have recollection of my father working in

that you don't recall specific characters that your father was working on at the time you saw him at work? A It is too far back to remember, I'm going

to say, I'm going to stick to I remember my father working at home. working on -TSG Reporting - Worldwide 877-702-9580

I cannot remember him specifically

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Q A time. Q

Any particular characters. -- particular characters, yes, at this

Are you aware of any documents that might

refresh your recollection with regard to what you observed when your father was at work? A Q A this time. Q Do you recall having any discussions with That would refresh my memory? Yes. I can't recall, you know, sitting here at

your father at the time he was at work drawing characters about what he was doing? A I would discuss, yes, I would go in there

and speak with my dad. Q A Q Let's break down the time. Okay. Do you have a recollection of witnessing

your father at work on Long Island in East Williston? A I was very young at the time so I do have It would be vague but I do

some recollection.

remember a little bit. Q Do you remember any discussions you had

with your father while he was working in East Williston?
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A

In East Williston?

It is a long time ago.

This is before I was eight years old so I'm trying to think. Q If you don't have a recollection it

wouldn't be surprising for a child of that age. A Q A Okay. But if you do, I want to hear it. I remember him working in his studio but

not on what he was specifically working on. Q Do you recall having any discussions with

your father at that time about what he was working on? A Q No, sir, I don't recall. Do you recall any recollection of your

father discussing his work for Marvel when you were living in East Williston with him? A Q Oh, I don't recall, no. Did you and your father have any

discussions with his work for Marvel in later years when you became a little bit older? A I would discuss my father's work with him,

yes, later on. Q What do you recall your father and you

discussing as far as characters he created for Marvel?
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A

I would go into his studio and talk

about -- he would describe to me how he worked and -Q Do you recall any discussions specifically

that related to drawings your father did that were published by Marvel? A We had a discussion on, that I can recall,

we talked about characters, of Fantastic Four, you know, Galactus, that type of -Q What do you remember your father saying

about either the Fantastic Four or Galactus? A Well, he would describe to me his stories,

the storyline, and you know, what the characters were doing and more that type thing. Q Did your father ever talk to you about any

meetings that he had had or discussions he had with Stan Lee or anyone at Marvel about the work that he did with Marvel? A Q Oh, no, not that I can recall. Did your father ever discuss with you the

process by which works he drew that were published by Marvel came about? MR. TOBEROFF: A Vague.

I -- he described to me his process, you

know, on how he worked on characters. Q And when did he do that?
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Q

I think you testified that the last time

you recall meeting with Mr. Evanier was about a year ago, correct? A Correct, yes. He is not someone I see on a

regular basis. Q Do you have any specific recollection of

any discussions you had with Mr. Evanier concerning your father's work? MR. TOBEROFF: all of this? A Didn't we already go through

Asked and answered.

I don't recall at this point, just what I

previously explained. Q Do you know the names of any characters

your father created or co-created after 1970? A After 1970? I can't give you specific

characters he created during the seventies, I can't recall -MR. TOBEROFF: The question is after the

1970s, not during the seventies. A Oh, after 1970s, I can, you know, I recall

him creating like the Topps characters and Captain Victory. When I was younger I don't have a

recollection of exactly what he was creating. MR. TOBEROFF: He is not asking you when

you were younger, he is saying just -- just slow
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aware of why he left? A Q I don't recall that at the time, no. Do you have a recollection of your father

leaving Marvel? A Q I have a slight recollection, yeah. Do you remember having any discussions with

him or your mother at that time? A Q A Q A Q At that time, no. Later did you have any discussions -I don't recall discussions. -- with either your father or mother? I don't recall at this time. Do you have any knowledge of the

circumstances under which the Spider-Man character was created? MR. TOBEROFF: You can answer. A I know a little bit about Spider-Man but I Vague.

don't know a lot of general history about the character itself. Q Did your father or mother ever discuss the

Spider-Man character with you? A Q Not that I can recall, no. Did you ever hear your -- do you have an

understanding of whether or not your father made any
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contribution to the Spider-Man character? A From what I understand, I believe he worked

on some pages and a cover, an idea, concept, possibly, you know. I don't have any real specific

information on the Spider-Man character. Q How did you obtain the information that

you've just described concerning Spider-Man? A Q From what I read, interviews and whatnot. Did you ever hear your mother disclaim your

father's involvement in the creation of the Spider-Man character? A I don't recall my mother speaking to me

about Spider-Man. Q Do you recall ever giving a statement to a

reporter concerning your mother's disclaimer of your father's contribution to Spider-Man? A I really don't recall speaking to anyone

about Spider-Man. MR. FLEISCHER: Let me mark for

identification Kirby Exhibit 2. (Lisa Kirby Exhibit 2, a document, marked for identification, as of this date.) MR. FLEISCHER: exhibits? didn't. Marc, do you have the Maybe we

We marked this yesterday. Here is a copy.
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There's a notation I
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to answer the question. A Okay. MR. TOBEROFF: He is not asking you in

general about Spider-Man, he is asking you about a specific question. A Q Okay. The specific question is do you have any

basis for believe that the statement attributed to you was inaccurate. A accurate. Q And what is the basis for your feeling that I do not at this time feel that this is

it is not accurate? A Because I don't recall having discussions I don't recall

about Spider-Man with my parents. that at this moment. Q

Do you recall ever discussing the origins

of Spider-Man with any reporter or anyone in 2009? A Q I can't recall that at this time, no. Do you have any knowledge concerning the

creation of The Incredible Hulk character? A I do not have knowledge of The Incredible

Hulk that I can recall right now. Q Do you have any recollection of your father

discussing that character with you?
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A

I don't have recollection of my father

discussing the Hulk with me, no. Q character? MR. TOBEROFF: A Q Vague. Do you have any knowledge about the Thor

I have knowledge of the Thor character. Do you have any knowledge about the

creation of the Thor character as published by Marvel? A I have some, you know, vague understanding

of the Thor character. Q A How did you come by that understanding? Just by how my father worked and what he

was working on, reading the story, and how he -Q Do you have a recollection of discussing

the Thor character's creation with your father? A No, I did not discuss the Thor character.

I don't recall discussing it with my father, the creation of Thor. Q I take it you have no recollection of

witnessing your father drawing the Thor character in East Williston. A Q I would not have recollection of that. Do you have any knowledge concerning the

creation of the Ant-Man character?
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A Q with you? A Q

I really -- I do not have knowledge. Did your father ever discuss that character

Not that I can recall. Do you have any knowledge or information

concerning the creation of any XMen characters? A with me. Are you asking if he discussed the characters with me, are we still -Q A with me. Q And you have no recollection of your father Yes. He did not discuss the character of XMen Not that I can recall my father discussing

drawing any XMen characters in East Williston? A Q I don't, no, sir. Do you recall discussing or do you have any

information concerning the creation of The Fantastic Four characters? A I do have some recollection of my father

talking about the characters of Fantastic Four. Q that? A We discussed, you know, The Thing, you What do you recall your father saying about

know, because at the time he -- it was kind of a
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with your husband? A Q character? A with me. Q A Q A Are you familiar with that character? Very vaguely. Did he ever discuss with you Wolverine? I don't remember him ever discussing I don't recall him discussing Nick Fury Yes, possibly, possibly. Did he ever discuss with you the Nick Fury

Wolverine with me. Q A Q Did he ever discuss Professor Xavier? I don't recall him discussing that. Are you familiar with a character called

Rawhide Kid? A Q I am familiar with Rawhide Kid. Do you have any knowledge or information

concerning circumstances under which that character was created? A Q I can't, no, I don't recall. Did your father ever talk to you about

Rawhide Kid? A I don't recall my father discussing Rawhide

Kid with me. Q Do you have an understanding of the claims
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