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. 4

EXHIBIT 61

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 NEAL KIRBY Los Angeles, California Wednesday, June 30, 2010

Reported by: SUSAN A. SULLIVAN, CSR #3522, RPR, CRR JOB NO. 31595
TSG Reporting - Worldwide 877-702-9580

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Q

Do you recall witnessing him returning home

with work that he had brought to Marvel that for one reason or another had to be reworked or rejected? MR. TOBEROFF: A Q Asked and answered.

No, I don't recall. Are you familiar with the course of your

father's career prior to 1953? A Q I'm somewhat familiar. As best you can would you relate what you

know about your father's career actually prior to 1958 which is the first year in which the work at issue here was created. MR. TOBEROFF: narrative. A If there's some specific publisher or a Objection; calls for a

story or a subject that's got a book this thick so -Q Basically what I'm asking is whether you

are familiar with his employment or the publishers he worked for prior to 1958 or the years he worked for those publishers. MR. TOBEROFF: evidence. A I'm aware of some of the publishers. As to Assumes facts not in

some of the specific dates as to when he worked for whom, I probably could not tell you that.
TSG Reporting - Worldwide 877-702-9580

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conversation arose. Q Do you know if he ever drew panels other

than for the cover for a Spider-Man book? A Q A Q A I don't recall. Do you know who -Actually, if I could just interrupt you -Sure. -- I believe, I was trying to think, going

back a lot of years again, I think he did do some pages initially for Spider-Man and I believe he either came home with them or -- because I know, I seem to recall some kind of family discussion about that again along those lines of, you know, doing some pages and not being compensated for it. As to

whether it was, you know, the first book or not, I don't recall, but I do recall something about the pages for Spider-Man. Q Is your recollection from your being aware

of that at the time it happened or from discussions you might have had with your father or others after the fact? A Well, from discussions with my father, yes. MR. TOBEROFF: recall -Q My question was were the discussions you
TSG Reporting - Worldwide 877-702-9580

His question was do you