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

Filing 82

DECLARATION of Randi W. Singer (Supplemental) in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit 58, # 2 Exhibit 59, # 3 Exhibit 60, # 4 Exhibit 61, # 5 Exhibit 62, # 6 Exhibit 63)(Quinn, James)

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

Doc. 82 Att. 2

EXHIBIT 59

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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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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case No. 10-141-CMKF

MARVEL WORLDWIDE, INC., MARVEL CHARACTERS, INC., and MVL RIGHTS, LLC, Plaintiffs, VS. LISA R. KIRBY, BARBARA J. KIRBY, NEAL L. KIRBY and SUSAN N. KIRBY, Defendants.

Volume II Videotape Deposition of: Roy Thomas Wednesday, October 27, 2010 Orangeburg, South Carolina

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Thomas know, I hadn't had that on my teacher's checks. I -- you know, and so I was curious until I understood. discussions. But I don't remember the particular It's just, you know -- they would So

explain to me what it meant, and then I just accepted that. Q. How long after the submission of the

finished writing did you typically -- you said you submitted the voucher for payment when you submitted the finished writing; right? A. Q. Yes. How long after you submitted the voucher

typically would it be before you received your payment? A. Well, it just depended on when the next If it was a bi-weekly schedule, as

pay period was.

I seem to recall, it might just be a few days after, if I turned it in very near the deadline. But if I

had done maybe the week before and it was a bi-week schedule, it might be like, you know, 10 or 12 days. It was generally within a couple of weeks. But if

you barely missed one pay period, you might have to wait another, you know, couple of weeks until the freelance pay period. But, you know, it would only
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Thomas have been about two weeks or so. Q. You testified that there was a script that

you wrote, I think it was on an Ironman script that Stan didn't like and revised significantly? A. Q. A. Q. Yes. Is that right? Yes. He rewrote about 50 percent of it.

Were you paid for the pages that you

submitted for that script? A. That was one of the ones that I was doing

as part of the staff writer thing during those first few weeks, so I wasn't paid separately. It was

counted as part of my staff writer salary, so I was paid in that sense, for that and the Dr. Strange. But I think -- I think those. I know Ironman was

and I think Dr. Strange's were all part of the staff's salary. Q. Were there any materials that you

submitted in your freelance capacity that were modified by Stan? A. Q. submitted? A. Yes.
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Yes. Were you still paid for the pages that you

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Thomas said "8," it was a misspeaking or something. Q. Was Kirby given the assignment to draw

that issue of Fantastic Four? MR. TOBEROFF: THE WITNESS: BY MS. KLEINICK: Q. How was Kirby given -- who gave Kirby the Leading; assumes facts. Yes. He was.

assignment to draw Fantastic Four No. 48? A. Q. Surfer? A. My memory, which I have told people very Stan Lee did. Do you know who named the character Silver

soon after it happened is that the actual name the Silver Surfer, with that full name was Stan's. And

that the margin notes by Jack had simply referred to him as the surfer, with no word silver that I ever remember seeing there. (Plaintiff's Exhibit 15 was marked for identification.) BY MS. KLEINICK: Q. I would like to mark for identification as

Thomas Exhibit 15 a document bearing production numbers Thomas 2121 to 2129. Mr. Thomas, is this a document that was
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Thomas maintained in your files? A. I don't recognize it, so if it came from

my files, it was on there because there's a young man who sends me a lot of Marvel-related material for possible use or reference to an Alter Ego. And

I had it in there, but I don't always get a chance to go over them until I'm about to use them. Q. Mr. Thomas, in the 1960s after you got to

Marvel through the early '70s did Jack Kirby ever come into the Marvel offices? A. Q. A. Yes. How often would he come in? It would vary. In the early days it seems

as if he would come in once every week or two, quite often on Friday, but not necessarily. on, it was less and less often. As time went

He was busy, and it

just didn't seem necessary for him and Stan to confer anymore. And, of course, by 1970 or so he

moved to California. Q. To your knowledge from the time that you

started working at Marvel in the 1960s through the early '70s, was Kirby doing work only for Marvel, or was he also doing work for other publishing companies?
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