• Person-centred care
  • Therapeutic communication
  • Cultural Competence
  • Teamwork and collaborative practice
  • Clinical Reasoning
  • Evidenced-based practice
  • Preventing, minimising and responding to adverse events
  • Infection prevention and control
  • Medication safety

Teamwork & Collaborative Practice: Resources

Incident in the waiting room.

This resource uses an online scenario to highlight the importance of managing upwards and its implications for interprofessional collaborative practice and patient safety. In the video a young resident doctor has recently started work in a regional hospital. In the waiting room of this hospital a man collapses. An experienced nurse takes charge of the care for this patient, but is not using current evidence-based practice. The young resident doctor wants to intervene, but does not know how to address his experienced colleague.

https://www.ecu.edu.au/schools/medical-and-health-sciences/our-facilities/interprofessional-learning-resources/resources/incident-in-the-waiting-room

Acknowledgment: Cobie Rudd (and team), Edith Cowan University. Funded by Health Workforce Australia.

MILDRED’S STORY – RECOGNISING RISKS AND IMPROVING PATIENT SAFETY

This  web-based resource draws together real-life patient experiences into a fictionalised story. It follows the progress of Mildred, an elderly patient through her stay in hospital, highlighting ways in which good and poor interprofessional practice can have a major impact on the experiences patients have and on the risks of problems arising with their care.

  • Part One – (Mildred’s Flat) Introductory/Exemplary Care
  • Part Two – (A & E Department) Situational Awareness
  • Part Three – (Care of the Elderly Ward) Communication
  • Part Four – (Outside Theatre) Leadership
  • Part Five – (Recovery Room) Empowerment
  • Part Six – (Orthopaedic Ward) Empowerment

www.youtube.com/watch?v=BTpnPoSyuJg&feature=relmfu

Acknowledgment: Liz Anderson, University of Leicester, UK. Funded by the National Patient Safety Agency

MR KIRBY’S STORY – THE UNPOPULAR PATIENT

This short video was inspired by the case history of a real patient. It is divided into a series of short scenes and highlights issues around caring for older people who become too infirm to continue to cope with living independently at home. It focuses on the relationships between healthcare professionals, the patient and the patient’s family. The following core themes run throughout all parts of the video:

  • Communication: is it clear, unclear, positive, negative etc.?
  • Family dynamics and pressures on family to become carers.
  • The unpopular patient and how this perception impacts on care.
  • The discharge process – what should be happening at each point in time?

The video can be used in interprofessional education sessions involving social work, nursing, medical, physiotherapy and occupational therapy students. The video is in seven sections:

  • Part One – In the Acute Hospital
  • Part Two – Relatives Visit the Community Hospital
  • Part Three – Multi-Disciplinary Team (MDT) Case Conference
  • Part Four – Ward Round
  • Part Five – The Social Worker Meets Mr Kirby’s Son
  • Part Six – The Social Worker Meets Mr Kirby
  • Part Seven – Conclusion: What Really Happened to Mr Kirby?

www.youtube.com/watch?v=6QYGHXC7QMQ&feature=relmfu

Acknowledgment: Sandy Goodyer. The project was joint funded by De Montfort University, University of Leicester and the University of Northampton.

Interdisciplinary Practice in Education

  • First Online: 11 January 2023

Cite this chapter

mr kirby's story case study for inter disciplinary teaching

  • Helder Coelho 31  

Part of the book series: Logic, Argumentation & Reasoning ((LARI,volume 31))

372 Accesses

Interdisciplinarity (Pombo, 2004a, b, 2005) refers to a method or mindset that merges concepts and methods in order to arrive at new approaches and solutions in scientific research and education. This convergence, along with problem-solving strategy, can be attained by mixing several scientific disciplines, namely when we face hard and complex problems.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
  • Available as EPUB and PDF
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
  • Durable hardcover edition

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Aldrich, J. H. (2014). Interdisciplinarity, its role in a discipline-based academy . Oxford University Press.

Google Scholar  

Brockman, J. (1996). Third culture: Beyond the scientific revolution . Touchstone.

Brockman, J. (2018). This idea is brilliant: Lost, overlooked, and underappreciated scientific concepts everyone should know . Harper Perennial.

Brown, R. R., Deletic, A., & Wong, T. H. F. (2015, September 17). Interdisciplinarity: How to catalyse collaboration. Nature, 525 , 315–317.

Article   Google Scholar  

Coelho, H., & Primo, T. (2016). Exploratory apprenticeship in the digital age with AI tools. Progress in Artificial Intelligence, 6 (1), 17–25. https://doi.org/10.1007/s13748-016-0100-6 . (Report DI-FCUL-TR-2016-01, DOI:10451/25047, November).

Delgado, A., & Am, H. (2018, March 26). Experiments in interdisciplinarity: Responsible research and innovation and the public good. PLoS Biology .

Demharter, S., Pearce, N., Beattie, K., Frost, I., Leem, J., Martin, A., Oppenheimer, R., Regep, C., Rukat, T., Skates, A., Trendel, N., Gavaghan, D., Deane, C. M., & Knapp, B. (2017, May 25). Ten simple rules for surviving an interdisciplinarity PhD. PLoS Computational Biology .

Flores, C., Respício, A., Coelho, H., Bez, M., Fonseca, J. M., & Barros, P. (2016). Method for building a medical training simulator with probabilistics networks: Intelligent simulator for decision making in health care (SimDeCSSimulation for medical training). In M. M. Cruz-Cunha et al. (Eds.), Encyclopedia of e-health and telemedicine (Vol. 2 Vols). IGI Global.

Frodman, R., Thompson, J., & Pacheco, R. (Eds.). (2017). The Oxford handbook of interdisciplinarity (2nd ed.). Oxford University Press.

Galafassi, C., Galafassi, F. F. P., & Vicari, R. M. (2017, September 5–8). Predictive teaching and learning, progress in artificial intelligence, springer lectures notes in AI, proceedings of EPIA (18th encontro portugues de inteligencia artificial) . Oporto.

Graff, H. J. (2017). Undisciplining knowledge, interdisciplinarity in the twentieth century . John Hopkins University Press.

Klein, J. T. (2004). Interdisciplinarity and complexity: An evolving relationship. E:CO Double Issue, 6 (1–2), 2–10.

Lemos, C. M., Coelho, H., & Lopes, R. J. (2017). ProtestLab – A computational laboratory for studying street protests. In M. Nemiche & M. Essaaidi (Eds.), Advances in complex societal, environmental and engineered systems (Non linear systems and complexity series. www.springer.co/us/book/9783319461632 ) (pp. 3–29). Springer.

Chapter   Google Scholar  

Margolis, E., Samuels, R., & Stich, R. P. (2017). The Oxford handbook of philosophy of cognitive science . Oxford University Press.

Moran, J. (2010). Interdisciplinarity (the new critical idiom) (2nd ed.). Routledge.

Morin, E., et al. (2003). Transdiciplinarité, Review of Reviewed Item, L’Autre Forum. Le Journal des Professeurs de l’Université de Montréal .

Pombo, O. (2004a). Interdisciplinaridade: Ambições e Limites . Relógio D’Água.

Pombo, O. (2004b). Epistemologia da Interdisciplinaridade, in Interdisciplinaridade . Humanismo e Universidade, Campo de Letras.

Pombo, O. (2005). Interdisciplinaridade e Integração dos Saberes. Liinc em revista, 1 (1).

Post, G., Mijnders, M., & Edelbrock, H. (2017). Interdisciplinary learning activities (perspectives on interdisciplinary) . Amsterdam University Press.

Reisberg, D. (2018). Cognition: Exploring the science of the mind . W. W. Norton Company.

Repko, A. F., Szostak, R., & Buchberger, M. P. (2020). Interdisciplinary research, process and theory (4th ed.). Sage.

Snow, C. P. (1959). The two cultures . Cambridge University Press.

Snow, C. P. (1963). The two cultures and a second look: An expanded version of the two cultures and the scientific revolution . Cambridge University Press.

Waldrop, M. M. (2019). Complexity: The emerging science at the edge of order and chaos . Open Road Media.

West, G. (2017). Scale, the universal laws of life and death in organisms, cities and companies . Weidenfeld & Nicolson.

Download references

Acknowledgments

I would like to thank the criticism put forward by my colleagues Olga Pombo, Jorge Louçã, João Branquinho, António Branco, Maria Armanda Costa and Ana Sebastião, along these years. My involvement with Complexity started before my attachment with the Faculty of Sciences (C3 or the Centro de Ciências da Complexidade was launched with my colleagues José Fiadeiro e Félix Costa, July 1995, and the Institute of Complexity Science was created during 2004 by several colleagues from different universities) and the course on Complexity Sciences was designed almost at the same time as the one on Cognitive Science (2007).

Author information

Authors and affiliations.

LASIGE and Mind-Brain College, Faculty of Sciences, University of Lisbon, Lisbon, Portugal

Helder Coelho

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Helder Coelho .

Editor information

Editors and affiliations.

Faculty of Sciences & Center for Philosophy of Science of the University of Lisbon (CFCUL), University of Lisbon, Lisbon, Portugal

Departamento de História e Filosofia das Ciências & Centro de Filosofia das Ciências da Universidade de Lisboa (CFCUL), Faculdade de Ciências, Universidade de Lisboa, Lisbon, Portugal

Klaus Gärtner

Centre for Philosophy of Sciences of the University of Lisbon, Lisbon, Portugal

Jorge Jesuíno

Rights and permissions

Reprints and permissions

Copyright information

© 2023 The Author(s), under exclusive license to Springer Nature Switzerland AG

About this chapter

Coelho, H. (2023). Interdisciplinary Practice in Education. In: Pombo, O., Gärtner, K., Jesuíno, J. (eds) Theory and Practice in the Interdisciplinary Production and Reproduction of Scientific Knowledge. Logic, Argumentation & Reasoning, vol 31. Springer, Cham. https://doi.org/10.1007/978-3-031-20405-0_7

Download citation

DOI : https://doi.org/10.1007/978-3-031-20405-0_7

Published : 11 January 2023

Publisher Name : Springer, Cham

Print ISBN : 978-3-031-20404-3

Online ISBN : 978-3-031-20405-0

eBook Packages : Religion and Philosophy Philosophy and Religion (R0)

Share this chapter

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

  • Publish with us

Policies and ethics

  • Find a journal
  • Track your research

mr kirby's story case study for inter disciplinary teaching

  • Find a Medical Illustrator
  • AMI Members HUB
  • Learn About It
  • Access Our Directory
  • Hire A Professional
  • Continuing Education
  • Certification Exam Application
  • Certification Renewal
  • Information Bulletin
  • CMI Portfolio Instructions
  • 2020 Salon Winners
  • 2019 Salon Winners
  • 2018 Salon Winners
  • 2017 Salon Winners
  • 2016 Salon Winners
  • 2015 Salon Winners
  • 2014 Salon Winners
  • 2013 Salon Winners
  • 2012 Salon Winners
  • 2011 Salon Winners
  • 2010 Salon Winners
  • 2009 Salon Winners
  • Historical Art
  • Professional Membership
  • Trial Membership
  • Associate Membership
  • Emeritus Membership
  • Student Membership
  • Upcoming Conference
  • Past Conferences
  • Client Guide
  • Intellectual Property
  • Pricing & Estimating
  • Metadata & Licensing
  • Pricing Resources
  • Source Book
  • Expert Methods
  • Expert Techniques
  • Grants & Awards
  • Mentor Program
  • Advisory Council
  • Diversity Fellowship FAQ
  • Diversity Fellows
  • Sponsorship Opportunities
  • Education Fund
  • Elected Officers and Governors
  • Committees & Volunteer Opportunities
  • AMI Strategic Plan
  • AMI Code of Ethics
  • AMI Policies
  • Fellow Program
  • Lifetime Achievement
  • Brödel Award for Excellence in Education
  • Other Awards
  • AMI Archives
  • AMI 75th Anniversary History Site
  • AMI Origin Stories
  • In Memoriam

Banner Val Altounian

  • Professional Resources /
  • Legal News /

Understanding the Kirby Case

Understanding the kirby case: ami joins amicus brief for kirby v. marvel comics, disney, by cynthia turner and dena matthews.

The AMI has joined an amicus brief filed in support of famous comic book artist Jack Kirby. Kirby's heirs have appealed to the Supreme Court to intervene and correct a lower court decision to deny Kirby his termination rights through the spreading use of a controversial test that was used to retroactively re-characterize his freelance relationship with Marvel Comics as a work-for-hire employee. The test redefines nearly any business transaction between an independent creator and a commissioning party as work-for-hire and divests all rights from the creator. The test is being applied regardless of the facts and law.

The Kirby Case is of national importance with constitutional dimensions. Powerful briefs have been filed with the Supreme Court warning about the fundamental destabilization of copyright law. The first reversions from the 1976 Copyright Act began in 2013, bringing the termination rights of many AMI members to the forefront. As many famous works approach their statutory renewal periods, artists, writers and musicians and their heirs will find that their statutory termination rights to recapture their copyrights are not theirs to exercise. Congress's twice expressed intent to allow creators to recapture their copyrights and share in their proven value will have been nullified.

The amici brief was filed by Bruce Lehman, Former Commissioner of U.S. Patents and Trademarks, Ralph Oman, Former Register of U.S. Copyrights, and the Artist Rights Society. An amicus brief is a "friend of the court" brief, filed by those who are not a party to the case, but have a strong mutual interest in the question of law and wish to advise the Court. AMI, along with the other member organizations of the American Society of Illustrators Partnership (ASIP), and 221 notable cartoonists, several of whom have won the Pulitzer Prize, joined the brief.

About Jack Kirby

Jack Kirby (née Jacob Kurtzberg, 1917) was a famous American comic book artist and is widely regarded to be one of the major innovators and most influential creators in the comic book medium. His characters and stories include among others: Captain America, The Fantastic Four, the original X-Men, the original Amazing Spider-Man, The Incredible Hulk, The Mighty Thor, Iron Man, Silver Surfer, Doctor Doom and Magneto .

The New York Times , in a Sunday op-ed piece written more than a decade after his death, said of Kirby:

"He created a new grammar of storytelling and a cinematic style of motion. Once-wooden characters cascaded from one frame to another—or even from page to page—threatening to fall right out of the book into the reader's lap. The force of punches thrown was visibly and explosively evident. Even at rest, a Kirby character pulsed with tension and energy in a way that makes movie versions of the same characters seem static by comparison." 1

Comic book historians Mark Evanier and John Morrow write:

"Jack Kirby was unquestionably the dynamic creative force behind what are considered to this day to be Marvel's most iconic superheroes. His work was instrumental in Marvel's resurgence in the early 1960s ... These works all contain the markings of his fertile creative mind and fascination with science, science fiction, astronomy, mythology and religion. Kirby created the iconic 'look' of these characters, which have largely remained unchanged to this day, and would often work on his own to both plot and draw the original storylines of these comics." 2

Jack Kirby died in 1994. His copyrights passed to his four children. In September 2009 the Kirby heirs exercised their legal statutory rights to recapture the assigned copyright interests of their father, and the Estate served 45 copyright-termination notices to Marvel, Walt Disney Pictures, 20th Century Fox, Universal Pictures, Paramount Pictures and Sony Pictures. Disney bought Marvel Comics that same year for $4 billion.

Termination Rights: A Benefit Congress Expressly Intended For Authors

Congress realized that many important writers, musicians and artists had signed away their copyrights for little or no money early in their careers. To protect these authors from permanent loss of an inequitable deal they entered into when they had little negotiating skill or leverage, Congress twice gave authors and their heirs an opportunity to share in the proven value of their works.

An artist can recapture a transferred copyright after one of two set periods of time. If an artist sold the copyright before 1978 they, or their heirs, can reclaim it after 56 years. 3 If the artist sold the copyright during or after 1978, they, or their heirs, can reclaim it after 35 years. 4 Jerry Siegel and Joe Schuster (creators of Superman for DC Comics), and the estates of Truman Capote, Norman Rockwell, and Lorenz Hart (of Broadway's Rodgers and Hart) are examples of authors and estates that have exercised these valuable rights.

However, if a commissioned work is created under the statutory terms of work-for-hire as defined by the ruling copyright law during the time of creation, the copyright belongs to the commissioning party and that party is considered the "author." The termination of copyright is complete. There is no recapture right.

Marvel and Disney Sue the Kirbys

In January 2010 Marvel and Disney struck back by suing the four Kirby descendants to invalidate their copyright termination notices. Marvel claimed the Kirby Estate was trying to rewrite history of Jack Kirby's work-for-hire relationship with Marvel. However, Jack Kirby was not a Marvel employee.

Kirby was an independent contractor who worked in his own basement, on his own time and conditions, purchasing his own supplies, carrying his own expenses, under his own supervision and working at his own financial risk. He pitched his own ideas to Marvel and also pitched and sold his ideas to other publishers.

Furthermore, Kirby conveyed the copyrights to Marvel. This is precisely the circumstance that copyright termination is intended to address.

Yet, the Kirby Estate lost in lower court and lost on appeal.

Federal Judges Fundamentally Destabilizing Copyright Law

When reaching its decision, the Second Circuit ignored the conventional employer/employee relationship defined under the common law of agency, ignored Kirby's authorial rights under the 1909 Act and the 1976 Act, ignored the teachings of the Supreme Court precedent of CCNV 5 whereby the Court defined the seminal conditions necessary for work-for-hire regarding freelance authors, and nullified Congress's clear objectives in enacting copyright termination provisions for authors.

Instead, the court relied on an erroneous, simplistic and controversial judicial test. Called the "instance and expense" test, it redefines nearly any business transaction between an independent creator and a commissioning party as work-for-hire . The court then ruled against the Kirbys in summary judgment, meaning the court denied any trying of the facts whereby the Kirbys could have proved the truth.

The Court of Appeals affirmed the lower court summary judgment, compounding the miscarriage of justice. The Kirbys now seek relief from the Supreme Court.

This kind of incoherent and inconsistent copyright ruling is not an aberration. Errant judicial extrapolations conceived years or decades later are constructed to infer an assumption between parties that contradicts their actual understanding at the time.

Last Friday, four amicus briefs were filed in support of the Kirby petition for certiorari, urging the Supreme Court to pick up the case. The California Society of Entertainment Lawyers note in their amicus brief that the ruling against Kirby's copyrights is symptomatic of unprincipled modern copyright jurisprudence:

"Despite the clear legal doctrines laid out by Congress and this [Supreme] Court pertaining to the adjudication of copyright claims, district and appellate courts frequently subvert those doctrines with contrary and outcome-oriented rulings, destabilizing the copyright ecosystem in the process. . . the court brushed aside contrary facts (including contractual language indicating that Marvel simply purchased the material in question and received copyright assignments) by acting as fact-finder instead of allowing the issue to be considered by a jury."

Noting that this results-driven approach has become endemic in the court of appeals, they warn that the fundamental destabilization of copyright law has resulted in chilling and circumventing authors' rights.

Retroactively Converts Authors' Copyrights into Corporate Property

The Court of Appeals acknowledged that the Second Circuit's "test" creates an "almost irrebuttable presumption" to retroactively re-characterize copyrightable work created by independent contractors as works made for hire. It acknowledged the fundamental gaps in the Second Circuit case law and it ignored the contrary facts and law proving Kirby's independent contractor relationship with Marvel, and his copyright assignments to them. Yet, remarkably, the Court of Appeals upheld the decision to admittedly incorrect law, effectively gutting Kirby's termination rights provided by the curative 1976 Copyright Act.

All of the amici call upon the Supreme Court to intervene to correct the federal circuits and uphold the statutory limitations on work-for-hire. The Screen Actors Guild, American Federation of Television and Radio Artists (AFTRA), Directors Guild of America, Inc., and Writers Guild of America, West, Inc. state in their brief:

"As many famous works approach their statutory renewal periods, the creators and their heirs will find that the statutory renewal or termination rights are not theirs to exercise. Even if they can afford the cost of litigation, they may find it impossible to overcome the barriers erected by the lower courts . . .

"By retroactively deeming commissioned works as ones "made for hire," the Second Circuit has given the purchaser all of the copyright benefits of the employment relationship, without any of the associated burdens or obligations. The 'expense' prong of the test assumes that the acquiring party has borne the risk in a work's ultimate success by paying value to acquire it and then to market and distribute it, thereby completely disregarding the risk borne by the freelance creator attendant a work's creation in a relationship such as the one between Jack Kirby and Marvel."

Judicial Economy has Been Prioritized over Constitutional Mandates

In fact, echoing many creators' fears of the imposition of Copyright Small Claims Court scheme, The California Society of Entertainment Lawyers further state:

"Copyright litigation often hinges upon close questions of fact, making summary judgment in its context traditionally frowned upon. Yet the vast majority of copyright claims filed against major studios or publishers are now dismissed in short order on summary judgment or earlier, depriving litigants of due process and their right to trial by jury. In short, judicial economy has been prioritized over constitutional mandates, and the route taken to accomplish this has resulted in a breakdown of coherent law."

Those constitutional mandates are just what Bruce Lehman and Ralph Oman argue in the amicus brief signed by AMI.

A Case of National Importance with Constitutional Dimensions

Bruce Lehman and Ralph Oman are uniquely positioned to advise the Court on the subversion of law that has denied Kirby his constitutionally mandated rights. Lehman and Oman write eloquently in support of the conditions faced by all freelance creators, and write authoritatively about the well-considered intent and objective of Congress in defining works-for-hire and the author's right to terminate previous transfers of copyright ownership. They advise the Court that this case raises issues of national importance and implicates wide-ranging and recurring policy concerns of constitutional dimension.

Bruce Lehman was the Director of the U.S. Patent and Trademark Office from 1993 through 1998, and chief advisor to the President for intellectual property matters, including copyright. In that capacity he supervised and coordinated the provisions permitting authors to recapture the extended term copyrights they had transferred to others during the first 75 years of the term of copyright in works created by them, culminating in the passage of the Copyright Term Extension Act of 1998. In the decade prior Lehman served as Counsel to the Committee on the Judiciary of the U.S. House of Representatives and as principal legal counsel to the Committee on copyright matters. In that capacity, he advised the Committee during the process of consideration and final passage of the 1976 Copyright Act which extended the 56-year term of protection for works created under the 1909 Act for an additional 19 years, giving the authors of those works the right to recapture for the extended term their ownership of copyrights previously transferred to others.

Ralph Oman served as U.S. Register of Copyrights from 1985 to 1993. As Register, he filed with the Acting Solicitor General an amicus curiae brief with the Supreme Court in a case that dealt with the application of the work-for-hire doctrine, Community for Creative Non-Violence v. Reid. The Supreme Court's opinion agreed with the amicus brief's conclusions. Oman further served as Chief Counsel of the Subcommittee on Patents, Trademarks, and Copyrights of the U.S. Senate Committee on the Judiciary and as chief minority counsel of the Senate Subcommittee on Patents, Trademarks, and Copyrights during the final two years of Senate consideration of the landmark 1976 Copyright Act.

In their amicus brief Lehman and Oman note:

"All of the amici represent self-employed, working freelance artists whose livelihood depends on the ability to retain and exercise effective control of their copyrights in an environment in which the clients served are more often than not publishers or institutional and corporate purchasers who regularly use their greater market power to provide the minimum compensation possible in return for transfer of the greatest possible copyright control in works commissioned by them. The ability to make effective use of the termination rights at issue in this case is essential if these artists are to retain meaningful benefit from the use of their copyrights, as Congress intended, in the face of the disproportionately greater negotiating power of their clients."

Lehman and Oman note that Marvel's relationship with Kirby is symptomatic of the predatory practices of publishers and the very imbalance Congress sought to remedy by the 1976 Act's termination provisions. Indeed, as the success of his works grew, Kirby was subjected to several attempts at retroactive confiscation of his rights, even before the more recent miscarriage of justice in the courts.

Unethical and Illegal Confiscation

As was the custom of the time, publishers rarely had contracts with their freelance independent artists. It was understood that the copyrights to the work were purchased and assigned. This relationship governed the work at issue in this case, which was created 1958-1963 . Later, pressure was brought to bear on Kirby to divest him of his rights as a condition of payment and continuing work.

A written "agreement" between Kirby and Marvel first appeared decades later in 1970, as a legend inserted by Marvel's attorneys on the back of its checks. This tactic forced Kirby to simultaneously surrender "assignment of any rights to renewal copyright" when signing his name in order to be paid.

Later still, in 1978, when the 1976 Copyright Act went into effect, Marvel changed the legends on the back of the check to a "work-for-hire" acknowledgement. Again, Kirby and other Marvel artists were required to sign the back of the check in order to be paid.

Later again, in 1980, decades after the success of the key Kirby characters, Marvel's new corporate parents attempted to again "clean up" Marvel's claims to what had become comic book franchises. This marked a further attempt at a confiscation of rights, this time as a condition of the mere return of physical original artwork which it never owned. Sales of original comic art in the collector's market began to fetch considerable sums and artists began demanding return of their original art from publishers. Publishers had to return the originals; they had only acquired reproduction rights. However, Marvel's corporate parents conditioned the return of the artists' own property upon signing releases now retroactively re-characterizing their artwork as work-for-hire. Kirby's "release" was far more extensive than those required of the other artists, running more than four pages long. But, just as the other artists, Kirby was compelled to seek the return of his originals as a means of providing his family with some form of security.

As Lehman and Oman note,

"Like most freelance commercial artists Jack Kirby had little choice if he wished to continue to sell his work to his biggest client. The working artists among the amici are intimately familiar with this kind of pressure. They face it each time they attempt to sell a work to a publisher with vastly greater market power than they possess."

The Rule of Law

Lehman and Oman painstakingly set forth the governing law at each step in Kirby's career and the ongoing term of his copyrights, making a powerful case to the Court:

  • • The works in this case were created under the 1909 Copyright Act, between 1958-1963.
  • • The legislative history of the 1909 Copyright Act clearly shows that the term "employer" meant traditional employment, as defined by common law.
  • • The 1909 Copyright Act applied work-for-hire only to works made by employees in the regular course of their employment and not to commissioned works of freelancers.
  • • The legislative history shows the 1909 Act drafters discussed and concluded that "the artist who is employed for the purpose of making a work of art so many hours a day" and "the independent artist" should have different rights.
  • • Under the 1909 Act the copyright always vested in the author and the author impliedly agreed to convey the copyright to the commissioning party.
  • • The 1976 Act provided termination rights to authors to recapture copyrights they had conveyed.
  • • In 1989, the Supreme Court ruling in CCNV rejected the Second Circuit's use of the "instance and expense" test to re-define an independent artist as an employee under the 1976 Act.
  • • The Court also affirmed "employee" must be read under the common law for the universal and mandatory reason that any undefined terms in federal statutes must always be read in accordance with their common law definitions.
  • • The Court also affirmed that copyright automatically vests in a commissioned author "rather than vesting automatically in the hiring party."
  • • If the Court found an adequate basis to interpret the word "employee" in the 1976 Act under the common law, then there seems no good reason why the use of the word "employer" in the 1909 Act should not be treated the same.

Climate of Hostility Towards True Authors

Lehman and Oman trace the development of the new 1976 Copyright Act, including compromises providing authors with new termination rights for copyrights they had conveyed and allowing publishers to now commission works-for-hire under limited circumstances.

They note that Irwin Karp, leading advocate for writers at the time, argued "publishers would use their superior bargaining position to force authors to sign work-for-hire agreements far beyond those limited circumstances if they wanted to get their work published." Lehman and Oman write:

"The amici represented in this brief can attest through personal experience that Mr. Karp's concerns, articulated 51 years ago, remain as valid today as then. Not only because many of them created material before 1978, but because they cannot rely upon the legislative compromises that their representatives reached in Congress."

Lehman and Oman trace the development of the 'instance and expense' test in 1966, and its acknowledged deviation from statutory law. Citing numerous cases, they note, "all courts of appeals which have addressed work for hire under the 1909 Act now follow the infirm 'instance and expense' test." They emphasize that not one has even attempted to reconcile its holding with the statutory construction of the law and the 1989 Supreme Court ruling affirming that necessity:

"The circuits' total disregard for this Court's holding and reasoning in CCNV is matched only by their lack of concern."

They cite leading commenters, including leading copyright authority Nimmer, that the use of the "instance and expense" test to transform freelance material into work for hire is "wrong both on principle and under the rule of the early cases" and "untenable." Lehman and Oman advise that the Kirby case presents compelling grounds for the Supreme Court to intervene:

"Amici strongly urge this Court to review this important case. The 'instance and expense' test for retroactively characterizing independent work as employment 'for hire' establishes a game of 'gotcha' designed to block freelance artists from exercising their rights under the Copyright Act. If the court of appeals unsupportable decision is allowed to stand, Congress's twice expressed intent to give authors and their families the benefit of its copyright term extensions will be nullified."

The California Society of Entertainment Lawyers concur in their advice to the Supreme Court noting:

"The current climate of hostility towards true authors and copyright plaintiffs can only be tempered by bringing the legal standards that govern the litigation of their claims back towards a sensible equilibrium."

Marc Toberoff, Counsel of Record for the Kirby heirs, writes in the Petition for Writ of Certiorari to the U.S. Supreme Court:

"Kirby, the creative genius who redefined an industry from a small drafting board in his basement, without financial security or any participation in the success of his creations, epitomizes the very author/publisher imbalance Congress sought to remedy in enacting the termination provisions."

The first reversions from the 1976 Copyright Act began in 2013, bringing the termination rights of many AMI members to the forefront. We sincerely hope that the Supreme Court will take up this case to uphold the rule of law and authors' termination rights, and again "affirm that courts are not at liberty to jettison Congress's judgment" 6 on copyright.

The AMI wishes to express deep appreciation to Bruce Lehman, Ralph Oman, and to the Artists Rights Society for its continued alliance and support of ASIP and illustrators' rights.

Cynthia Turner is Co-Chair, American Society of Illustrators Partnership (ASIP) Dena Matthews serves on the ASIP Board of Directors as the AMI Representative

  • Staples, Brent "Editorial Observer: Jack Kirby, a Comic Book Genius, Is Finally Remembered", The New York Times, August 26, 2007.
  • Brief of Amici Curiae, Mark Evanier, John Morrow and Pen Center USA in Support of Petitioners In the Supreme Court of the United States, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby, Barbara J. Kirby v. Marvel Characters, Incorporated, Marvel Characters Worldwide, Incorporated, MVL Rights, LLC, Walt Disney Company, Marvel Entertainment, Incorporated.
  • USC 17, § 304. Duration of copyright: Subsisting copyrights (Enacted under The Copyright Act of 1909).
  • USC 17, § 203. (a)(3) (2009). Termination of transfers and licenses granted by the author. (Enacted under The Copyright Act of 1976. The changes of The Copyright Act of 1976 went into effect January 1, 1978).
  • Community for Creative Non-Violence v. Reid , 490 U.S. 730 (1989), was a United States Supreme Court case ruling in favor of an independent creator's ownership of copyright after a retroactive claim of a work-for-hire relationship by the commissioning party.
  • Chief Justice Ginsburg writing this year that "courts are not at liberty to jettison Congress' judgment" on such matters, regarding the statute of limitations in copyright infringement, Petrella v. MGM , 188 L. Ed. 2d 979, 986 (2014).

Amicus Curiae Briefs

  • Bruce Lehman , Former Asst Secretary of Commerce and Director of The U.S. Patent and Trademark Office; Ralph Oman, Former U.S. Register of Copyrights; The Artists Rights Society, The International Intellectual Property Institute, and Various Professional Associations, Illustrators and Cartoonists In Support of Petitioners
  • Steven T. Lowe , California Society of Entertainment Lawyers
  • Mark Evanier , John Morrow and PEN Center USA
  • Screen Actors Guild -American Federation of Television and Radio Artists, Directors Guild of America, Inc., and Writers Guild of America, West, Inc. as Amici Curiae In Support of Petitioners

**Update September 2014**

On September 26, Jack Kirby heirs announced a settlement with Marvel comics (Disney) two days before the Supreme Court was to decide whether or not to hear the case. The details of the settlement are confidential. Many creators are very disappointed that the Supreme Court didn't hear the Kirby case and clarify inaccurate lower court rulings on WFH and enforcement of termination rights. More news here .

Why Kirby v Marvel Mattered

Professional Resources

  • Client Guide — Learn best practices when partnering with a medical illustrator...
  • Business Practices — Articles authored and reviewed by industry professionals...
  • Business Tools — Resources useful for creators of medical communications...
  • Expert Methods — Learn about the issues that impact how science is visualized...
  • Expert Techniques — Learn from some of the experts and how they do things...
  • Grants & Awards — Learn about the different grants and awards...
  • Diversity Fellowship

mr kirby's story case study for inter disciplinary teaching

(1160) Recognising Risk and Improving Patient Safety - Mildred's...

(1160) Recognising Risk and Improving Patient Safety - Mildred's...

(1160) Recognising Risk and Improving Patient Safety - Mildred's Story - YouTube

Links to an external site.

Provide five relevant Presenting patient issues?

Patient problem/issues

Can be physical, physiological,

psychological, social or

These can be actual or

potential issues or risks.

Answer & Explanation

CliffsNotes Answer Top

Unlock access to this and over 10,000 step-by-step explanations

Have an account? Log In

CliffsNotes Answer Bottom

Step-by-step explanation

Answer Explanation

Get unstuck with a CliffsNotes subscription

Example CliffsNotes Question and Answer

Related Q&A

  • Q Watch the following youtube video    https://www.youtube.com/watch?v=6QYGHXC7QMQ&t=4s   and answer the following que... Answered over 90d ago
  • Q Introduction Lucas, 5 months old /male, is brought into Casualty by his parents. Lucas has had some "very runny poos" ov... Answered over 90d ago
  • Q Watch Mr. Kirby's story https://youtu.be/6QYGHXC7QMQ?t=1 Only watch up until 3 minutes 50 seconds Select one of the foll... Answered over 90d ago
  • Q Please explain a serial killer that is not well know. 1. Provide a brief synopsis of the killings 2. Include the followi... Answered over 90d ago
  • Q CASE 3:  On January 1, the Hawaii Cancer Institute has received a promise from the Obama Foundation to receive a buildin... Answered over 90d ago
  • Q As organizations increasingly move toward cloud technology, a cybersecurity professional should be familiar with the eff... Answered over 90d ago
  • Q  . Question 1- Shovel-Truck Selection (25 marks) An iron ore mining operation is required to produce 100,000 tonnes of b... Answered over 90d ago
  • Q For the functions f(x) = x/x+3 and g(x) = 5/ x , find the composition f∘g and simplify your answer as much as possible. ... Answered over 90d ago
  • Q  . In the lab, Maria has two solutions that contain alcohol and is mixing them with each other. She uses 400 milliliters... Answered over 90d ago
  • Q 1. Bajo el Estatuto contra el fraude. ¿Cuál contrato tiene que estar por escrito?  Para la venta de bienes de consumo. ... Answered over 90d ago
  • Q Leadership and Project Management A comprehensive work plan provides a road map. You can use tools like job position des... Answered over 90d ago
  • Q Can i have help with this please?. A survey of the people living in a particular suburb found that the probability that ... Answered over 90d ago
  • Q Insanity defense - Brief case Jen dashes up and down the halls of the motel muttering to herself, swats at the air, and ... Answered over 90d ago
  • Q introduction to finance 210, im having trouble figure out the  working capital. Please provide the formualr would be gre... Answered over 90d ago
  • Q please answer all of these questions as soon as possible please  . c) The structure shown below is a precursor of 7-cis-... Answered over 90d ago

Understanding the NSQHS Standards: Exploring Mr

mr kirby's story case study for inter disciplinary teaching

Provide details on what you need help with along with a budget and time limit. Questions are posted anonymously and can be made 100% private.

mr kirby's story case study for inter disciplinary teaching

Studypool matches you to the best tutor to help you with your question. Our tutors are highly qualified and vetted.

mr kirby's story case study for inter disciplinary teaching

Your matched tutor provides personalized help according to your question details. Payment is made only after you have completed your 1-on-1 session and are satisfied with your session.

Interdisciplinary Team Case Paper

User Generated

Description

Read and following the direction below for the essay paper.

Interdisciplinary Team Case Study Paper

This is a short video that has been inspired by the case history of a real patient. The video is divided into a series of short scenes and highlights issues around caring for elderly patients who become too infirm to continue to cope with living independently at home. It focuses on the relationships between healthcare professionals, the patient and the patients’ family. The script for the video was written by a team led by Sandy Goodyer.

mr kirby's story case study for inter disciplinary teaching

After viewing the video, write a four-page paper (excluding title and reference page) addressing the following; Make sure to use subheading to address the following sections. The paper should be formatted in accordance with APA 6th ed. style

  • Provide an overview of Mr. Kirby and his presenting problems.
  • Describe the team communication patterns and the communication with the family. Is communication clear, unclear, positive, negative etc.?
  • Describe each of the team members at the interdisciplinary team conference and their focus and interventions with Mr. Kirby.
  • Describe the family dynamics and pressures on family to become caregivers for Mr. Kirby. How do you react to the family?
  • How does the team perceive Mr. Kirby? Do you think he is seen as a “problem” patient? How does this perception impact care?
  • Describe the role of the social worker and the way she works with the patient/family. What do you think she does well? What might you do differently?
  • What happens to Mr. Kirby? What social work values and ethics would be involved in the choices that Mr. Kirby ends of making? How do you think this kind of an outcome might make you feel? Is there anything you would have done differently? How might you handle this with the team?

mr kirby's story case study for inter disciplinary teaching

Explanation & Answer

mr kirby's story case study for inter disciplinary teaching

Hello there. Am glad to have worked with you. In case of any clarification please feel free to consult.Thank you.👌 Running Head: INTER-DISCIPLINARY TEACHING Social Science 1 INTER-DISCIPLINARY TEACHING 2 Overview of Mr. Kirby and his presenting problems Mr. Kirby is a 72-year-old man who is suffering from partial stroke and type 2 diabetes. Currently, he has been hospitalized due to fractures in his leg that have left him unable to walk. His legs have been numb for some days, and whenever he is asked to walk around, he complains of being tired. Mr. Kirby is referred by his son’s wife as being ignorant and less determined to care, she says that before his wife died, he could not do anything to save her but just watched her suffer. At the beginning of the script, we are introduced to Mr. Kirby as being an arrogant and more of attention seeking. When he continuously rings the bell to alert the nurses that he needed something, one of the nurses says that she can’t imagine its Mr. Kirby again. The incidence tells us that the old man had continuously sought attention for so many times before. After summoning the nurse to his table, he asks for the tea, which he had scattered over his table. Mr. Kirby is also introduced as being lazy, as most of the things that he could be doing by himself claimed that he wasn’t capable and that he needed help all his time. Mr. Kirby is introduced in the video as being forgetful and ignorant; the doctor explains to him that due to some conditions he could not be released out of the hospital but rather had to spend some more days in the facility to continue with care. ...

mr kirby's story case study for inter disciplinary teaching

24/7 Study Help

Stuck on a study question? Our verified tutors can answer all questions, from basic  math  to advanced rocket science !

mr kirby's story case study for inter disciplinary teaching

Similar Content

Related tags.

Luke’s Gospel crime democratic argument virus COMMUNITY cheaper methods feminist critical thinking Listening Inventory Aquinas's proofs for God economic growth

The Odyssey

Where the crawdads sing.

by Delia Owens

by Taylor Adams

Mrs Dalloway

by Virginia Woolf

What Happened

by Hillary Clinton

I Cant Make This Up - Life Lessons

by Kevin Hart

To the Lighthouse

Rules of civility.

by Amor Towles

Tess of the DUrbervilles

by Thomas Hardy

mr kirby's story case study for inter disciplinary teaching

working on a study question?

Studypool, Inc., Tutoring, Mountain View, CA

Studypool is powered by Microtutoring TM

Copyright © 2024. Studypool Inc.

Studypool is not sponsored or endorsed by any college or university.

Ongoing Conversations

mr kirby's story case study for inter disciplinary teaching

Access over 35 million study documents through the notebank

mr kirby's story case study for inter disciplinary teaching

Get on-demand Q&A study help from verified tutors

mr kirby's story case study for inter disciplinary teaching

Read 1000s of rich book guides covering popular titles

mr kirby's story case study for inter disciplinary teaching

Sign up with Google

mr kirby's story case study for inter disciplinary teaching

Sign up with Facebook

Already have an account? Login

Login with Google

Login with Facebook

Don't have an account? Sign Up

IMAGES

  1. Mr Kirby's Story

    mr kirby's story case study for inter disciplinary teaching

  2. Mr. Kirby's case.docx

    mr kirby's story case study for inter disciplinary teaching

  3. Interdisciplinary Case Study: Mr. Kirby's Tale of Healthcare

    mr kirby's story case study for inter disciplinary teaching

  4. The Case of Mr. Kirby-Clinical Make-up c

    mr kirby's story case study for inter disciplinary teaching

  5. PPT

    mr kirby's story case study for inter disciplinary teaching

  6. A Multi-Institutional Study of Interdisciplinary Teaching

    mr kirby's story case study for inter disciplinary teaching

VIDEO

  1. Ditective Aur Kidnapper Ki Story/Case Study/Case Study Part Five crazyvlog @3502

  2. Mr Kirby Exam Survival: Ignorance & Want (A Christmas Carol)

  3. Multi Disciplinary Case Study Series

  4. Directive Aur Kidnapper Ki Story/Case Study/Case Study Part Four crazyvlog @3502

  5. 25th Online Training on Inter Disciplinary Teaching & Learning

  6. Basic Research

COMMENTS

  1. Mr Kirby's Story

    This is a short video that has been inspired by the case history of a real patient. The video is divided into a series of short scenes and highlights issues...

  2. Mr. Kirby's Story- Case Study for Interdisciplinary Teaching..docx

    Date. 2 A Real-World Example of Interdisciplinary Education: Mr. Kirby's Tale 72-year-old Mr. Kirby was recently hospitalized for a fractured hip, added to his history of type 2 diabetes and a stroke that left his left side weak. Mr. Kirby wants to go home but can't take care of himself. There isn't much time left for him to heal, and his ...

  3. Mr. Kirby Case Study

    Mr. Kirby Case Study. 1442 Words6 Pages. Overview The case study was about Mr. Kirby, a seventy-two year old widow male with type 2 diabetes who wife died a couple of months ago, and has been living by himself. He has become dependent, and struggles with his self-caring needs.

  4. Mr. Kirby's case.docx

    BARR 2 Mr. Kirby's Story- Case Study for Interdisciplinary Teaching Mr. Kirby is a 72-year-old male with a history of type 2 diabetes, stroke with left side weakness, and more recently a fall that's resulted in a fractured humorous. Mr. Kirby would like to go back home but is not capable of self-care. His family is reluctant to help provide care and the patient is running out of time in ...

  5. Full article: Interdisciplinary education: a case study

    In this study, we argue that, derived from interdisciplinary research, the choice of problem, the level of interaction between different disciplines and constructive alignment are variables to consider when designing interdisciplinary education. Several models of analysis have been used in two descriptive case studies to gain insight into the ...

  6. Teamwork & Collaborative Practice: Resources

    The video is in seven sections: Part One - In the Acute Hospital. Part Two - Relatives Visit the Community Hospital. Part Three - Multi-Disciplinary Team (MDT) Case Conference. Part Four - Ward Round. Part Five - The Social Worker Meets Mr Kirby's Son. Part Six - The Social Worker Meets Mr Kirby. Part Seven - Conclusion: What ...

  7. PDF Compassion: How do You Teach it?

    The study of compassion and how to infuse it into the curriculum has the potential to ... ensuring discipline practices are compassionate as well as effective, and providing access, voice, and ownership for all staff, students, and community members. ... The organization partners with schools and universities by sharing case studies,

  8. Interdisciplinary Curricula in Middle and High School Classrooms: Case

    This study examines 11 interdisciplinary teams involving 30 teachers and 542 students in New York and California. The teams represented an array of approaches to interdisciplinary curricula, rangin...

  9. Inter-Disciplinarity in Teaching: Probing Urban Studies

    It attempts to unpack how disciplinarity and interdisciplinarity are created through pedagogy in higher education at the module level while teaching an interdisciplinary subject such as 'urban studies'. In particular, comparisons are made between the teaching aims and methods in two disciplines: planning and sociology.

  10. Watch the Mr Kirby story case study for interdisciplinary teaching

    The interdisciplinary team and Mr. Kirby's daughter were worried about his health and wanted him to go into a long-term care facility for his protection. Nevertheless, by removing Mr. Kirby's autonomy and independence, this choice is against his wishes and could be harmful. By promoting Mr. Kirby's rights and autonomy and assisting in the ...

  11. Full article: Doing interdisciplinarity in teacher education. Resources

    This article takes as its starting point the fact that teacher education and the teaching profession have disciplinary diversity in their construction, ... The paper presents a case study with data (interviews, texts, observations) from two different teacher education programmes. The conceptual framework stems from the Academic Literacies approach.

  12. PDF Using design thinking for interdisciplinary curriculum design and

    curriculum design and teaching: a case study in ... interdisciplinary education through mechanisms such as inter-disciplinary courses, micro-credit courses, and credit programs.

  13. Interdisciplinary Practice in Education

    Interdisciplinary teaching may be viewed as a set of methods, used to place a unit across different curricular disciplines. For example, in the case of the curricular discipline of "Language, Arts, Science and Social Studies", teachers might work together to form an interdisciplinary unit on alleys and path ways within the use and ...

  14. Understanding the Kirby Case

    The AMI is a global community that promotes the power of visual media to advance scientific understanding, communication, education, and research. AMI members are illustrators, animators, and interactive producers who translate and empower patients and physicians to make informed health decisions.

  15. The Case of Mr. Kirby-Clinical Make-up c

    The Case of Mr. Kirby Let's take a look at the case of Mr. Kirby and discuss the implications related to his healthcare. "Mr. Kirby's Story-Case Study for Inter-Disciplinary Teaching" Assessment of the situation: What subjective and objective data did you observe? 72 year old male with a history of type 2 diabetes, stroke w/left side weakness , and more recently a fall that's ...

  16. (1160) Recognising Risk and Improving Patient Safety

    It is intended for use in inter-disciplinary teaching sessions for students from different healthcare vocational programs. The video is divided into seven sections: Part One: In the Acute Hospital The story begins with Mr. Kirby being admitted to the hospital due to his health issues. This section introduces the patient and sets the stage for ...

  17. Mr. Kirby (docx)

    Nursing document from Salisbury University, 5 pages, Mr. Kirby's Interdisciplinary Case Study Crystal Bradford Salisbury University SOWK 465: Social Work in Health Care Professor Ellen Anderson April 9, 2023 Mr. Kirby's Interdisciplinary Case Study Mr. Kirby is a 72-year-old man who lost his wife a few mon ... Mr. Kirby's Story. Retrieved from ...

  18. Can teacher collaboration overcome barriers to interdisciplinary

    In order to strengthen teacher collaboration in a university whose administrative structures are predominantly discipline-based, there is need for recognition of the benefits of interdisciplinary learning to be matched by recognition of the need for financial and other resources to support collaborative teaching initiatives.

  19. Developing EFL teachers' feedback literacy for ...

    Developing EFL teachers' feedback literacy for research and publication purposes through intra- and inter-disciplinary collaborations: A multiple-case study. Author links open overlay ... We adopted a case study approach ... which also constitutes the other side of the story about intra- and inter-disciplinary collaborations. Despite the ...

  20. Understanding the NSQHS Standards: Exploring Mr ( Kirby's Story

    Discuss the application of the chosen Standard in relation to Mr. Kirby's story (up to 3 minute 50 seconds). Assessment Instructions: 1. Students do not need to re-tell Mr Kirby's story; it is assumed the marker will know the story. 2. Cover page including Student I.D., Student Name, Subject, Assessment Detail, and Word Count is required. 3.

  21. Mr Kirby's Dilemma Case Study Old Folks Home

    Mr Kirby's Dilemma Case Study Old Folks Home. 507 Words2 Pages. option, she decides to pursue another avenue. She first tries to attempt to see if it would be possible for Mr. Kirby to return home to his son's house instead. However, all assessments of this possible route are ended with an excuse on the son's part.

  22. SOLUTION: Interdisciplinary Team Case Paper

    Read and following the direction below for the essay paper. Interdisciplinary Team Case Study Paper This is a short video that has been inspired by the case history of a real patient. The video is divided into a series of short scenes and highlights issues around caring for elderly patients who become too infirm to continue to cope with living independently at home.